[Amended 10-8-1999 by Ord. No. 99-11; 4-7-2003 by Ord. No. 03-01]
The Uniform Traffic Code for Cities, Townships, and Villages
as promulgated by the Director of the Michigan Department of State
Police pursuant to the Administrative Procedures Act of 1969, 1969
PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002,
and all future amendments and revisions to the Uniform Traffic Code
when they are promulgated and effective in this state are incorporated
and adopted by reference.
[Amended 4-7-2003 by Ord.
No. 03-01]
References in the Uniform Traffic Code for Cities, Townships
and Villages to a "governmental unit" shall mean the City of Corunna.
[Code 1979, § 10.4(5.96), (5.97a), (5.98), (5.99);
amended 12-9-1994 by Ord. No. 94-12-2; 12-18-1995 by Ord.
No. 95-10; 7-7-1997 by Ord. No. 97-06; 10-8-1999 by Ord. No. 99-10; 10-8-1999 by Ord. No. 99-11]
The following sections and subsections of the Uniform Traffic
Code adopted in this article are hereby amended as set forth, and
additional sections and subsections are added as indicated. Section
numbers shall refer to the like-numbered sections in the Uniform Traffic
Code.
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Sec. 1.007a. Controlled substance.
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Controlled substance means a controlled substance or controlled
substance analogue as defined in Section 7104 of the Public Health
Code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.7104),
as amended.
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Sec. 1.012b. Handicapper.
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Handicapper means a person who is determined by a physician
licensed under part 170 or 175 of the Public Health Code, Act No.
368 of the Public Acts of Michigan of 1978 (MCL 333.17001 et seq.,
333.17501 et seq.), as amended, to have one or more of the following
physical characteristics:
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(a)
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Blindness.
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(b)
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Inability to walk more than 200 feet without having to stop
and rest.
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(c)
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Inability to do both of the following:
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(i)
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Use one or both legs or feet.
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(ii)
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Walk without the use of a wheelchair, walker, crutch, brace,
prosthetic, or other device, or without the assistance of another
person.
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(d)
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A lung disease from which the person's forced expiratory volume
for one second, when measured by spirometry, is less than one liter,
or from which the person's arterial oxygen tension is less than 60
mm/hg of room air at rest.
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(e)
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A cardiovascular condition that causes the person to measure
between three and four on the New York heart classification scale,
or that renders the person incapable of meeting a minimum standard
for cardiovascular health that is established by the American Heart
Association and approved by the department of public health.
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(f)
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An arthritic, neurological, or orthopedic condition that severely
limits the person's ability to walk.
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(g)
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The persistent reliance upon an oxygen source other than ordinary
air.
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Sec. 2.5a. Abandoned vehicle procedures.
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(1)
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As used in this section, "abandoned vehicle" means a vehicle
which has remained on public property or private property for a period
of 48 hours after a police agency or other governmental agency designated
by the police agency has affixed a written notice to the vehicle.
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(2)
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If a vehicle has remained on public or private property for
a period of time so that it appears to the police agency to be abandoned,
the police agency shall do all of the following:
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(a)
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Determine if the vehicle has been reported stolen.
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(b)
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Affix a written notice to the vehicle. The written notice shall
contain the following information:
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(i)
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The date and time the notice was affixed.
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(ii)
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The name and address of the police agency taking the action.
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(iii)
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The name and badge number of the police officer affixing the
notice.
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(iv)
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The date and time the vehicle may be taken into custody and
stored at the owner's expense or scrapped if the vehicle is not removed.
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(v)
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The year, make, and vehicle identification number of the vehicle,
if available.
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(3)
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If the vehicle is not removed within 48 hours after the date
the notice was affixed, the vehicle is deemed abandoned and the police
agency may have the vehicle taken into custody.
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(4)
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A police agency which has a vehicle taken into custody shall
do all of the following:
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(a)
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Recheck to determine if the vehicle has been reported stolen.
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(b)
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Within 24 hours after taking the vehicle into custody, enter
the vehicle as abandoned into the law enforcement information network.
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(c)
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Within seven days after taking the vehicle into custody, send
to the registered owner and secured party, as shown by the records
of the secretary of state, by first class mail or personal service,
notice that the vehicle has been deemed abandoned. The form for the
notice shall be furnished by the secretary of state. Each notice form
shall contain the following information:
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(i)
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The year, make, and vehicle identification number of the vehicle
if available.
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(ii)
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The location from which the vehicle was taken into custody.
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(iii)
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The date on which the vehicle was taken into custody.
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(iv)
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The name and address of the police agency which had the vehicle
taken into custody.
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(v)
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The business address of the custodian of the vehicle.
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(vi)
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The procedure to redeem the vehicle.
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(vii)
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The procedure to contest the fact that the vehicle has been
deemed abandoned or the reasonableness of the towing fees and daily
storage fees.
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(viii)
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A form petition which the owner may file in person or by mail
with the specified court which requests a hearing on the police agency's
action.
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(ix)
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A warning that the failure to redeem the vehicle or to request
a hearing within 20 days after the date of the notice may result in
the sale of the vehicle and the termination of all rights of the owner
and the secured party to the vehicle or the proceeds of the sale.
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(5)
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The registered owner may contest the fact that the vehicle has
been deemed abandoned or the reasonableness of the towing fees and
daily storage fees by requesting a hearing. A request for a hearing
shall be made by filing a petition with the court specified in the
notice within 20 days after the date of the notice. If the owner requests
a hearing, the matter shall be resolved after a hearing conducted
pursuant to Sections 2.5e and 2.5f. An owner who requests a hearing
may obtain release of the vehicle by posting a towing and storage
bond in an amount equal to the accrued towing and storage fees with
the court. The owner of a vehicle who requests a hearing may obtain
release of the vehicle by paying the towing and storage fees instead
of posting the towing and storage bond. If the court finds that the
vehicle was not properly deemed abandoned, the police agency shall
reimburse the owner of the vehicle for the accrued towing and storage
fees.
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(6)
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If the owner does not request a hearing, he may obtain the release
of the vehicle by paying the accrued charges to the custodian of the
vehicle.
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(7)
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If the owner does not redeem the vehicle or request a hearing
within 20 days after the date of the notice, the secured party may
obtain the release of the vehicle by paying the accrued charges to
the custodian of the vehicle and the police agency for its accrued
costs.
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(8)
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Not less than 20 days after the disposition of the hearing described
in Subsection (5) of this section or, if a hearing is not requested,
not less than 20 days after the date of the notice, the police agency
shall offer the vehicle for a sale at a public sale pursuant to Section
2.5g.
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(9)
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If the ownership of a vehicle which has been deemed abandoned
under this section cannot be determined either because of the condition
of the vehicle identification numbers or because a check with the
records of the secretary of state does not reveal ownership, the police
agency may sell the vehicle at public sale pursuant to Section 2.5g,
not less than 30 days after public notice of the sale has been published.
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Sec. 2.5b. Abandoned scrap vehicle procedures.
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(1)
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As used in this section:
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(a)
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Registered abandoned scrap vehicle means a vehicle which meets
all of the following requirements:
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(i)
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Is on public or private property.
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(ii)
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Is seven or more years old.
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(iii)
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Is apparently inoperable or is extensively damaged, to the extent
that the cost of repairing the vehicle so that it is operational and
safe as required by Section 5.71 would exceed the fair market value
of that vehicle.
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(iv)
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Is currently registered in the State of Michigan or displays
current year registration plates from another state.
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(v)
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Is not removed within 48 hours after a written notice, as described
in Section 2.5a(2)(b), is affixed to the vehicle.
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(b)
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Unregistered abandoned scrap vehicle means a vehicle which meets
all of the following requirements:
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(i)
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Is on public or private property.
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(ii)
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Is seven or more years old.
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(iii)
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Is apparently inoperable or is extensively damaged, to the extent
that the cost of repairing the vehicle so that it is operational and
safe as required by Section 5.71 would exceed the fair market value
of that vehicle.
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(iv)
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Is not currently registered in this state and does not display
current year registration plates from another state.
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(v)
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Is not removed within 48 hours after a written notice, as described
in Section 2.5a(2)(b), is affixed to the vehicle.
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(2)
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A police agency may have an unregistered abandoned scrap vehicle
taken into custody, in which case the police agency shall do all of
the following:
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(a)
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Determine if the vehicle has been reported stolen.
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(b)
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Take two photographs of the vehicle.
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(c)
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Make a report to substantiate the vehicle as an unregistered
abandoned scrap vehicle. The report shall contain the following information:
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(i)
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The year, make, and vehicle identification number if available.
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(ii)
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The date of abandonment.
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(iii)
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The location of abandonment.
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(iv)
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A detailed listing of the damage or the missing equipment.
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(v)
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The reporting officer's name and title.
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(vi)
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The location where the vehicle is being held.
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(d)
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Within 24 hours after taking the vehicle into custody, enter
the vehicle into the law enforcement information network.
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(3)
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Within 24 hours, excluding Saturday, Sunday, and legal holidays,
after taking the vehicle into custody, the police agency shall complete
a release form and release the vehicle to the towing service or a
used vehicle parts dealer or vehicle scrap metal processor, who shall
then transmit that release form to the secretary of state and apply
for a certificate of title or a certificate of scrapping. Upon receipt
of the release form and application, the secretary of state shall
issue a certificate of title or a certificate of scrapping.
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(4)
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The release form described in Subsection (3) shall be furnished
by the secretary of state and shall include a certification executed
by the applicable police agency when the abandoned scrap vehicle is
released. The certification shall state that the police agency has
complied with all the requirements of Subsection (2)(b) and (c).
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(5)
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The secretary of state shall retain the records relating to
an abandoned scrap vehicle for not less than two years. The two photographs
taken pursuant to Subsection (2)(b) of this section shall be retained
by the police agency for not less than two years. After the certificate
of scrapping has been issued, a certificate of title for the vehicle
shall not be issued again.
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(6)
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A police agency may have a registered abandoned scrap vehicle
taken into custody, in which case the police agency shall do all of
the following:
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(a)
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Determine if the vehicle has been stolen.
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(b)
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Take two photographs of the vehicle.
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(c)
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Make a report to substantiate the vehicle as a registered abandoned
scrap vehicle. The report shall contain the following information:
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(i)
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The year, make, and vehicle identification number if available.
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(ii)
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The date of abandonment.
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(iii)
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The location of abandonment.
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(iv)
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A detailed listing of the damage or the missing equipment.
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(v)
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The reporting officer's name and title.
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(vi)
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The location where the vehicle is being held.
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(d)
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Within 24 hours after taking the vehicle into custody, enter
the vehicle into the law enforcement information network.
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(e)
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Within seven days after taking the vehicle into custody, send
to the registered owner and secured party, as shown by the records
of the secretary of state, by first class mail or personal service,
notice that the vehicle has been deemed abandoned. The form for the
notice shall be furnished by the secretary of state. Each notice form
shall contain the following information:
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(i)
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The year, make, and vehicle identification number of the vehicle
if available.
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(ii)
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The location from which the vehicle was taken into custody.
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(iii)
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The date on which the vehicle was taken into custody.
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(iv)
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The name and address of the police agency which had the vehicle
taken into custody.
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(v)
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The business address of the custodian of the vehicle.
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(vi)
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The procedure to redeem the vehicle.
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(vii)
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The procedure to contest the fact that the vehicle has been
deemed abandoned or the reasonableness of the towing fees and daily
storage fees.
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(viii)
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A form petition which the owner may file in person or by mail
with the specified court which requests a hearing on the police agency's
action.
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(ix)
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A warning that the failure to redeem the vehicle or to request
a hearing within 20 days after the date of the notice may result in
the termination of all rights of the owner and the secured party to
the vehicle.
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(7)
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The registered owner of a registered abandoned scrap vehicle
may contest the fact that the vehicle has been deemed abandoned or
the reasonableness of the towing fees and daily storage fees by requesting
a hearing. A request for a hearing shall be made by filing a petition
with the court specified in the notice within 20 days after the date
of the notice. If the owner requests a hearing, the matter shall be
resolved after a hearing conducted pursuant to Sections 2.5e and 2.5f.
An owner who requests a hearing may obtain release of the vehicle
by posting a towing and storage bond with the court in an amount as
determined by the court. The owner of the vehicle who requests a hearing
may obtain release of the vehicle by paying the towing and storage
fees instead of posting the towing and storage bond. If the court
finds that the vehicle was not properly deemed abandoned, the police
agency shall reimburse the owner of the vehicle for the accrued towing
and storage fees.
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(8)
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If the owner does not request a hearing, he may obtain the release
of the vehicle by paying the accrued charges to the custodian of the
vehicle.
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(9)
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If the owner does not redeem the vehicle or request a hearing
within 20 days after the date of the notice, the secured party may
obtain the release of the vehicle by paying the accrued charges to
the custodian of the vehicle.
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(10)
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Not less than 20 days after the disposition of the hearing described
in Subsection (7), or if a hearing is not requested, not less than
20 days after the date of the notice described in Subsection (6)(e),
the police agency shall follow the procedures established in Subsections
(3) to (5).
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Sec. 2.5c. Vehicle removed from private property.
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(1)
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When a vehicle is removed from private property at the direction
of a person other than the registered owner of the vehicle or a police
agency, the custodian of the vehicle immediately shall notify the
police agency from whose jurisdiction the vehicle was towed. The custodian
shall supply that information which is necessary for the police agency
to enter the vehicle into the law enforcement information network.
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(2)
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Upon receipt of the notification described in Subsection (1),
the police agency immediately shall do all of the following:
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(a)
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Determine if the vehicle has been reported stolen.
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(b)
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Enter the vehicle into the law enforcement information network.
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(3)
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The owner of the vehicle removed as described in Subsection
(1) may obtain release of the vehicle by paying the accrued towing
and storage fees to the custodian of the vehicle. Upon release of
the vehicle, the custodian shall notify the police agency of the disposition
of the vehicle.
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(4)
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If the vehicle described in Subsection (1) is not claimed by
the owner within seven days after the police agency has been notified
by the custodian that it has been taken into custody, the vehicle
is deemed abandoned and the procedures prescribed in Section 2.5a(4)(c)
to (9) shall apply.
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Sec. 2.5d. Vehicle removed by police.
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(1)
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A police agency or a governmental agency designated by the police
agency may provide for the immediate removal of a vehicle from public
or private property to a place of safekeeping at the expense of the
registered owner of the vehicle in any of the following circumstances:
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(a)
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If the vehicle is in such a condition that the continued operation
of the vehicle upon the highway would constitute an immediate hazard
to the public.
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(b)
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If the vehicle is parked or standing upon the highway in such
a manner as to create an immediate public hazard or an obstruction
of traffic.
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(c)
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If a vehicle is parked in a posted tow-away zone.
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(d)
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If there is reasonable cause to believe that the vehicle or
any part of the vehicle is stolen.
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(e)
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If the vehicle must be seized to preserve evidence of a crime,
or when there is reasonable cause to believe that the vehicle was
used in the commission of a crime.
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(f)
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If removal is necessary in the interest of public safety because
of fire, flood, storm, snow, natural or man-made disaster, or other
emergency.
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(g)
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If the vehicle is hampering the use of private property by the
owner or person in charge of that property or is parked in a manner
which impedes the movement of another vehicle.
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(h)
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If the vehicle is stopped, standing or parked in a space designated
for handicapper parking and is not permitted by law to be stopped,
standing, or parked in a space designated for handicapper parking.
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(2)
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A police agency which authorizes the removal of a vehicle under
Subsection (1) of this section shall do all of the following:
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(a)
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Check to determine if the vehicle has been reported stolen.
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(b)
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Within 24 hours after removing the vehicle, enter the vehicle
into the law enforcement information network if the vehicle has not
been redeemed. This subdivision does not apply to a vehicle that is
removed from the scene of a motor vehicle traffic accident.
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(c)
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If the vehicle has not been redeemed within 10 days after moving
the vehicle, send to the registered owner and the secured party as
shown by the records of the secretary of state, by first class mail
or personal service a notice that the vehicle has been removed; however,
if the police agency informs the owner or operator of the vehicle
of the removal and the location of the vehicle within 24 hours after
the removal, and if the vehicle has not been redeemed within 30 days
and upon complaint from the towing service, the police agency shall
send the notice within 30 days after the removal. The notice shall
be by a form furnished by the secretary of state. The notice form
shall contain the following information:
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(i)
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The year, make, and vehicle identification number of the vehicle.
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(ii)
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The location from which the vehicle was taken into custody.
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(iii)
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The date on which the vehicle was taken into custody.
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(iv)
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The name and address of the police agency which had the vehicle
taken into custody.
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(v)
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The location where the vehicle is being held.
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(vi)
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The procedure to redeem the vehicle.
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(vii)
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The procedure to contest the fact that the vehicle was properly
removed or the reasonableness of the towing and daily storage fees.
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(viii)
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A form petition which the owner may file in person or by mail
with the specified court which requests a hearing on the police agency's
action.
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(ix)
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A warning that the failure to redeem the vehicle or to request
a hearing within 20 days after the date of the notice may result in
the sale of the vehicle and the termination of all rights of the owner
and the secured party to the vehicle or the proceeds of the sale or
to both the vehicle and the proceeds.
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(3)
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The registered owner may contest the fact that the vehicle was
properly removed or the reasonableness of the towing fees and daily
storage fees by requesting a hearing. A request for a hearing shall
be made by filing a petition with the court specified in the notice
within 20 days after the date of the notice. If the owner requests
a hearing, the matter shall be resolved after a hearing conducted
pursuant to Sections 2.5e and 2.5f. An owner who requests a hearing
may obtain release of the vehicle by posting a towing and storage
bond with the court in an amount equal to the accrued towing and storage
fees. The owner of a vehicle who requests a hearing may obtain release
of the vehicle by paying the towing and storage fees instead of posting
the towing and storage bond. If the court finds that the vehicle was
not properly removed, the police agency shall reimburse the owner
of the vehicle for the accrued towing and storage fees.
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(4)
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If the owner does not request a hearing, he may obtain the release
of the vehicle by paying the accrued charges to the custodian of the
vehicle.
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(5)
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If the owner does not redeem the vehicle or request a hearing
within 20 days, the secured party may obtain the release of the vehicle
by paying the accrued charges to the custodian of the vehicle prior
to the date of the sale.
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(6)
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Not less than 20 days after the disposition of the hearing described
in Subsection (3), or if a hearing is not requested, not less than
20 days after the date of the notice described in Subsection (2)(c),
the police agency shall offer the vehicle for sale at a public sale
unless the vehicle is redeemed. The public sale shall be held pursuant
to Section 2.5g.
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(7)
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If the ownership of the vehicle which has been removed under
this section cannot be determined either because of the condition
of the vehicle identification numbers or because a check with the
records of the secretary of state does not reveal ownership, the police
agency may sell the vehicle at public sale pursuant to Section 2.5g,
not less than 30 days after public notice of the sale has been published.
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Sec. 2.5e. Abandoned vehicle; jurisdiction of court.
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(1)
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The following courts shall have jurisdiction to determine if
a police agency has acted properly in processing a vehicle under Section
2.5a, 2.5b(6) to (10), 2.5c, or 2.5d:
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(a)
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The district court.
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(b)
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A municipal court.
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(c)
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The common pleas court of the City of Detroit.
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(2)
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The court specified in the notice prescribed in Section 2.5a(4)(c),
2.5b(6), 2.5c(4), or 2.5d(2)(c) shall be the court which has territorial
jurisdiction at the location from where the vehicle was removed or
deemed abandoned. Venue in the district court shall be governed by
Section 8312 of Act No. 236 of the Public Acts of Michigan of 1961
(MCL 600.8312, MSA 27A.8312), as amended.
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(3)
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If the owner fails to pay the accrued towing and storage fees,
the towing and storage bond posted with the court to secure release
of the vehicle under Section 2.5a, 2.5b, 2.5c, or 2.5d shall be used
to pay the towing and storage fees.
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Sec. 2.5f. Abandoned vehicle; duties of court.
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(1)
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Upon receipt of a petition prescribed in Section 2.5a, 2.5b,
2.5c, or 2.5d, signed by the owner of the vehicle which has been taken
into custody, the court shall do both of the following:
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(a)
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Schedule a hearing within 30 days for the purpose of determining
whether the police agency acted properly.
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(b)
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Notify the owner and the police agency of the time and place
of the hearing.
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(2)
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At the hearing specified in Subsection (1) the police agency
shall have the burden of showing by a preponderance of the evidence
that it has complied with the requirements of this act in processing
the abandoned vehicle or vehicle removed pursuant to Section 2.5d.
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(3)
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After the hearing the court shall make a decision which shall
include one or more of the following:
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(a)
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A finding that the police agency complied with the procedures
established for the processing of an abandoned vehicle or a vehicle
removed under Section 2.5d, and an order providing a period of 20
days after the decision for the owner to redeem the vehicle. If the
owner does not redeem the vehicle within 20 days, the police agency
shall dispose of the vehicle pursuant to Section 2.5b or 2.5g.
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(b)
|
A finding that the police agency did not comply with the procedures
established for the processing of an abandoned vehicle or a vehicle
removed pursuant to Section 2.5d. After making such a finding, the
court shall issue an order directing that the vehicle immediately
be released to the owner, and that the police agency is responsible
for the accrued towing and storage charges.
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(c)
|
A finding that the towing and daily storage fees were reasonable.
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(d)
|
A finding that the towing and daily storage fees were unreasonable
and issue an order directing an appropriate reduction.
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Sec. 2.5g. Abandoned vehicle; public sale.
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(1)
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A public sale for a vehicle which has been deemed abandoned
under Section 2.5a or 2.5c or removed under Section 2.5d shall be
conducted in the following manner:
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(a)
|
It shall be under the control of the police agency or agent
of the police agency.
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(b)
|
It shall be open to the public and consist of open auction bidding
or bidding by sealed bids. If sealed bids are received, the person
submitting the bid shall receive a receipt for the bid from the police
agency or agent of the police agency.
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(c)
|
Except as provided by Sections 2.5a(9) and 2.5d(7), it shall
be held not less than five days after public notice of the sale has
been published.
| ||
|
(d)
|
The public notice shall be published at least once in a newspaper
having a general circulation within the county in which the vehicle
was abandoned. The public notice shall give a description of the vehicle
for sale and shall state the time, date, and location of the sale.
| ||
|
(2)
|
The money received from the public sale of the vehicle shall
be applied in the following order of priority:
| ||
|
(a)
|
Towing and storage charges.
| ||
|
(b)
|
Expenses incurred by the police agency.
| ||
|
(c)
|
To the secured party, if any, in the amount of the debt outstanding
on the vehicle.
| ||
|
(d)
|
Remainder to the owner. A reasonable attempt shall be made to
mail the remainder to the registered owner. If delivery of the remainder
cannot be accomplished, the remainder shall become the property of
the unit of government that the police agency represents.
| ||
|
(3)
|
If there are no bidders on the vehicle, the police agency may
do one of the following:
| ||
|
(a)
|
Turn the vehicle over to the towing firm to satisfy charges
against the vehicle.
| ||
|
(b)
|
Obtain title to the vehicle for the police agency or the unit
of government the police agency represents, by doing the following:
| ||
|
(i)
|
Paying the towing and storage charges.
| ||
|
(ii)
|
Applying for title to the vehicle.
| ||
|
(c)
|
Hold another public sale pursuant to Subsection (1).
| ||
|
(4)
|
A person who acquires ownership of a vehicle under Subsection
(1) or (3), which vehicle has been designated as a distressed vehicle,
shall make application for a salvage certificate of title within 15
days after obtaining the vehicle.
| ||
|
(5)
|
Upon disposition of the vehicle, the police agency shall cancel
the entry into the law enforcement information network.
| ||
|
Sec. 5.14c. Exhibition driving.
| |
|---|---|
|
No person shall operate a vehicle upon any highway or a frozen
public lake, stream or pond or other place open to the general public,
including any areas designated for the parking of vehicles in an exhibition
of speed or acceleration, whether or not the authorized speed limit
is exceeded and whether or not conditions of competition exist.
|
|
Sec. 5.15. Operating while under influence of intoxicating
liquor or controlled substance or with certain blood alcohol percentage;
accident; arrest without warrant, motor vehicle forfeiture.
| |||
|
(1)
|
Generally. A person, whether licensed or not, shall not operate
a vehicle upon a highway or other place open to the general public
or generally accessible to motor vehicles, including an area designated
for the parking of vehicles, within this City if either of the following
applies:
| ||
|
(a)
|
The person is under the influence of intoxicating liquor, a
controlled substance, or a combination of intoxicating liquor and
a controlled substance.
| ||
|
(b)
|
The person has an alcohol content of 0.10 grams or more per
100 milliliters of blood, per 210 liters of breath, or per 67 milliliters
of urine.
| ||
|
(2)
|
Prohibition against permitting intoxicated person to operate
motor vehicle. The owner of a vehicle or a person in charge or in
control of a vehicle shall not authorize or knowingly permit the vehicle
to be operated upon a highway or other place open to the general public
or generally accessible to motor vehicles, including an area designated
for the parking of motor vehicles, within this City by a person who
is under the influence of intoxicating liquor, a controlled substance,
or a combination of intoxicating liquor and a controlled substance,
who has an alcohol content of 0.10 grams or more per 100 milliliters
of blood, per 210 liters of breath, or per 67 milliliters of urine,
or whose ability to operate the motor vehicle is visibly impaired
due to the consumption of intoxicating liquor, a controlled substance,
or a combination of intoxicating liquor and a controlled substance.
| ||
|
(3)
|
Operation while visibly impaired; finding of guilty. A person,
whether licensed or not, shall not operate a vehicle upon a highway
or other place open to the general public or generally accessible
to motor vehicles, including an area designated for the parking of
vehicles, within this City when, due to the consumption of intoxicating
liquor, a controlled substance, or a combination of intoxicating liquor
and a controlled substance, the person's ability to operate the vehicle
is visibly impaired. If a person is charged with violating Subsection
1, a finding of guilty under this subsection may be rendered.
| ||
|
(4)
|
Minors. A person who is less than 21 years of age, whether licensed
or not, shall not operate a vehicle upon a highway or other place
open to the general public or generally accessible to motor vehicles,
including an area designated for the parking of vehicles, within this
City if the person has any bodily alcohol content. As used in this
subsection "any bodily alcohol content" means either of the following:
| ||
|
(a)
|
An alcohol content of not less than 0.02 grams or more than
0.07 grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine.
| ||
|
(b)
|
Any presence of alcohol within a person's body resulting from
the consumption of intoxicating liquor, other than consumption of
intoxicating liquor as a part of a generally recognized religious
service or ceremony.
| ||
|
(5)
|
Subsection (4) violations; misdemeanor, penalty; community service
supervision; costs. A person, whether licensed or not, shall not operate
a vehicle in violation of Subsection (4) while another person who
is less than 16 years of age is occupying the vehicle. A person who
violates this subsection is guilty of a misdemeanor punishable as
follows:
| ||
|
(a)
|
Community service for not more than 60 days.
| ||
|
(b)
|
A fine of not more than $500.
| ||
|
(c)
|
Imprisonment for not more than 93 days.
| ||
|
In the judgment of sentence under this section, the court may,
unless the vehicle is ordered forfeited under Section MCL 257.625(b),
order vehicle immobilization as provided in Section MCL 257.904(d).
| |||
|
(6)
|
Subsection (1) violations; misdemeanor, penalty.
| ||
|
If a person is convicted for violating Subsection (1), the person
is guilty of a misdemeanor punishable by one or more of the following:
| |||
|
(a)
|
Community service for not more than 45 days.
| ||
|
(b)
|
Imprisonment for not more than 93 days.
| ||
|
(c)
|
A fine of not less than $100 or more than $500.
| ||
|
(7)
|
Subsection (2) violations; misdemeanor, penalty. A person who
is convicted of violating Subsection (2), is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not less than $100 or more than $500, or both.
| ||
|
(8)
|
Subsection (3) violations; misdemeanor, penalty. A person who
is convicted of violating Subsection (3), is guilty of a misdemeanor
punishable by one or more of the following:
| ||
|
(a)
|
Community service for not more than 45 days.
| ||
|
(b)
|
Imprisonment for not more than 93 days.
| ||
|
(c)
|
A fine of not more than $300.
| ||
|
(9)
|
Subsection (4) violations; misdemeanor, penalty. If a person
is convicted of violating Subsection (4), all of the following apply:
| ||
|
(a)
|
Except as otherwise provided in Subsection b, the person is
guilty of a misdemeanor punishable by one or more of the following:
| ||
|
(i)
|
Community service of not more than 45 days.
| ||
|
(ii)
|
A fine of not more than $250.
| ||
|
(b)
|
If the violation occurs within seven years of one or more prior
convictions, the person may be sentenced to one or more of the following:
| ||
|
(i)
|
Community service for not more than 60 days.
| ||
|
(ii)
|
A fine of not more than $500.
| ||
|
(iii)
|
Imprisonment for not more than 93 days.
| ||
|
(10)
|
Person to pay cost of prosecution. In addition to imposing the
sanctions prescribed under this section, the court may order the person
to pay the costs of the prosecution under the Code of Criminal Procedure,
1927 PA 175, MCL 760.1 to 776.22.
| ||
|
(11)
|
Community service. A person sentenced to perform community service
under this section shall not receive compensation and shall reimburse
the state or appropriate local unit of government for the cost of
the supervision incurred by the state or local unit of government
as a result of the person's activities in that service.
| ||
|
(12)
|
If a person is charged with a violation of Subsections 1, 3
or 5, or Section MCL 275.625(m), the court shall not permit the defendant
to enter a plea of guilty or nolo contendere to a charge of violating
Subsection (4) in exchange for dismissal of the original charge. This
subsection does not prohibit the court from dismissing the charge
upon the prosecuting attorney's motion.
| ||
|
(13)
|
Except as otherwise provided in Subsection (15), if a person
is charged with operating a vehicle while under the influence of a
controlled substance or a combination of intoxicating liquor and a
controlled substance in violation of Subsection (1), the court shall
require the jury to return a special verdict in the form of a written
finding or, if the court convicts the person without a jury or accepts
a plea of guilty or nolo contendere, the court shall make a finding
as to whether the person was under the influence of a controlled substance
or a combination of intoxicating liquor and a controlled substance
at the time of the violation.
| ||
|
(14)
|
Except as otherwise provided in Subsection (15), if a person
is charged with operating a vehicle while his or her ability to operate
the vehicle was visibly impaired due to his or her consumption of
a controlled substance or a combination of intoxicating liquor and
a controlled substance in violation of Subsection (3), the court shall
require the jury to return a special verdict in the form of a written
finding or, if the court convicts the person without a jury or accepts
a plea of guilty or nolo contendere, the court shall make a finding
as to whether, due to the consumption of a controlled substance or
a combination of intoxicating liquor and a controlled substance, the
person's ability to operate a motor vehicle was visibly impaired at
the time of the violation.
| ||
|
(15)
|
A special verdict described in Subsection (13) and (14) is not
required if a jury is instructed to make a finding solely as to either
of the following:
| ||
|
(a)
|
Whether the defendant was under the influence of a controlled
substance or a combination of intoxicating liquor and a controlled
substance at the time of the violation.
| ||
|
(b)
|
Whether the defendant was visibly impaired due to his or her
consumption of a controlled substance or a combination of intoxicating
liquor and a controlled substance at the time of the violation.
| ||
|
(16)
|
If a jury or court finds under Subsection (13), (14) or (15)
that the defendant operated a motor vehicle under the influence of,
or while impaired due to the consumption of a controlled substance
or a combination of a controlled substance and an intoxicating liquor,
the court shall do both of the following:
| ||
|
(a)
|
Report the finding to the Secretary of State.
| ||
|
(b)
|
On a form or forms prescribed by the State Court Administrator,
forward to the Department of State Police a record that specifies
the penalties imposed by the court, including any term of imprisonment,
and any sanction imposed under Sections MCL 257.625(n) or MCL 257.904(d).
| ||
|
(17)
|
Except as otherwise provided by law, a record described in Subsection
(16)(b) is a public record and the Department of State Police shall
retain the information contained on that record for not less than
seven years.
| ||
|
(18)
|
In a prosecution for a violation of Subsection (4), the defendant
bears the burden of proving that the consumption of intoxicating liquor
was a part of a generally recognized religious service or ceremony
by a preponderance of the evidence.
| ||
|
(19)
|
If a person refuses a chemical test offered pursuant to Section
MCL 257.625(a)(6) or submits to a chemical test or a chemical test
is performed pursuant to a court order and the test reveals an unlawful
alcohol content, the peace officer who requested the person to submit
to the test shall do all of the following:
| ||
|
(a)
|
On behalf of the Secretary of State, immediately confiscate
the person's license or permit to operate a motor vehicle and, if
the person is otherwise eligible for a license or permit, issue a
temporary license or permit to the person. The temporary license or
permit shall be on a form provided by the Secretary of State.
| ||
|
(b)
|
Except as provided in Subsection (2), immediately do all of
the following:
| ||
|
(i)
|
Forward a copy of the written report of the person's refusal
to submit to a chemical test required under Section MCL 257.625(d)
to the Secretary of State.
| ||
|
(ii)
|
Notify the Secretary of State by means of the law enforcement
information network that a temporary license or permit was issued
to the person.
| ||
|
(iii)
|
Destroy the person's driver's license or permit.
| ||
|
(20)
|
If a person submits to a chemical test offered pursuant to Section
MCL 257.625(a)(6) that requires an analysis of blood or urine and
a report of the results of that chemical test is not immediately available,
the peace officer, who requested the person to submit to the test,
shall comply with Subsection (19)(a) pending receipt of the test report.
If the report reveals an unlawful alcohol content, the peace officer,
who requested the person to submit to the test, shall immediately
comply with Subsection (19)(b). If the report does not reveal an unlawful
alcohol content, the peace officer, who requested the person to submit
to the test, shall immediately notify the person of the test results
and immediately return the person's license or permit by first-class
mail to the address given at the time of arrest.
| ||
|
(21)
|
A temporary license or permit issued under this section is valid
for one of the following time periods:
| ||
|
(a)
|
If the case is not prosecuted, for 90 days after issuance or
until the person's license or permit is suspended pursuant to Section
MCL 257.625(f), whichever occurs earlier. The prosecuting attorney
shall notify the Secretary of State if a case referred to the prosecuting
attorney is not prosecuted. The arresting law enforcement agency shall
notify the Secretary of State if a case is not referred to the prosecuting
attorney for prosecution.
| ||
|
(b)
|
If the case is prosecuted, until the criminal charges against
the person are dismissed, the person is acquitted of those charges,
or the person's license or permit is suspended, restricted, or revoked.
| ||
|
(22)
|
As used in this section, "unlawful alcohol content" means any
of the following, as applicable:
| ||
|
(a)
|
If the person tested is less than 21 years of age, 0.02 grams
or more of alcohol per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine.
| ||
|
(b)
|
If the person tested was operating a commercial motor vehicle
within this State, 0.04 grams or more of alcohol per 100 milliliters
of blood, per 210 liters of breath, or 67 milliliters of urine.
| ||
|
(c)
|
If the person tested is not a person described in subsections
a or b, 0. 10 grams or more of alcohol per 100 milliliters of blood,
per 210 liters of breath, or per 67 milliliters of urine.
| ||
|
Sec. 5.15a. Arrest; preliminary chemical breath analysis;
chemical test.
| |||
|
(1)
|
Arrest without warrant of intoxicated driver involved in accident.
A peace officer may arrest a person without a warrant when the peace
officer has reasonable cause to believe the person was, at the time
of an accident in the City, the operator of a vehicle involved in
the accident and was operating the vehicle in violation of Section
5.15(1), (3) or (4).
| ||
|
(2)
|
Requiring submission to preliminary chemical breath analysis;
consequences. A peace officer who has reasonable cause to believe
that a person was operating a vehicle upon a public highway or other
place open to the public or generally accessible to motor vehicles,
including an area designated for the parking of vehicles within the
City, and that the person by the consumption of intoxicating liquor
may have affected his ability to operate a vehicle, or reasonable
cause to believe that a person was operating a commercial motor vehicle
within the City while the person's blood, breath or urine contained
any measurable amount of alcohol or while the person had any detectable
presence of intoxicating liquor, or reasonable cause to believe that
a person who is less than 21 years of age was operating a vehicle
upon a public highway or other place open to the public or generally
accessible to motor vehicles, including an area designated for the
parking of vehicles within the City, while the person had any bodily
alcohol content as that term is defined in Section 5.15(4), may require
the person to submit to a preliminary chemical breath analysis. The
following provisions shall apply with respect to a preliminary chemical
breath analysis administered pursuant to this subsection:
| ||
|
(a)
|
A peace officer may arrest a person based in whole or in part
upon the results of a preliminary chemical breath analysis.
| ||
|
(b)
|
The results of a preliminary chemical breath analysis are admissible
in a criminal prosecution for a crime enumerated in Section 5.15c(1)
or in an administrative hearing for one or more of the following purposes:
| ||
|
(i)
|
To assist the court or hearing officer in determining a challenge
to the validity of an arrest. This subparagraph does not limit the
introduction of other competent evidence offered to establish the
validity of an arrest.
| ||
|
(ii)
|
As evidence of the defendant's breath alcohol content, if offered
by the defendant.
| ||
|
(iii)
|
As evidence of the defendant's breath alcohol content, if offered
by the prosecution to rebut testimony or other evidence, including
but not limited to testimony elicited on cross-examination of a prosecution
witness, that is offered or elicited to prove that the defendant's
breath alcohol content was lower at the time of the charged offense
than when a chemical test was administered pursuant to Subsection
(6).
| ||
|
(c)
|
A person who submits to a preliminary chemical breath analysis
shall remain subject to the requirements of Sections 5.15c, 5.15d,
5.15e and 5.15f for purposes of chemical tests described in those
sections.
| ||
|
(d)
|
Except as provided in Subsection (5), a person who refuses to
submit to a preliminary chemical breath analysis upon a lawful request
by a peace officer is responsible for a civil infraction.
| ||
|
(3)
|
Out of service. A peace officer shall use the results of a preliminary
chemical breath analysis conducted pursuant to this section to determine
whether to order a person out-of-service under Section 319d of the
act (MCL 257.319d, MSA 9.2019(4)). A peace officer shall order out-of-service
as required under Section 319d of the act (MCL 257.319d, MSA 9.2019(4))
a person who was operating a commercial motor vehicle and who refuses
to submit to a preliminary chemical breath analysis as provided in
this section. This section does not limit use of other competent evidence
by the peace officer to determine whether to order a person out-of-service
under Section 319d of the act (MCL 257.319d, MSA 9.2019(4)).
| ||
|
(4)
|
Refusal of request for chemical breath analysis. A person who
was operating a commercial motor vehicle and who is requested to submit
to a preliminary chemical breath analysis under this section shall
be advised that refusing a peace officer's request to take a test
described in this section is a misdemeanor, punishable by imprisonment
for not more than 90 days, or a fine of not more than $100, or both,
and will result in the issuance of a twenty-four-hour out-of-service
order.
| ||
|
(5)
|
Refusal of preliminary chemical breath analysis. A person who
was operating a commercial motor vehicle and who refuses to submit
to a preliminary chemical breath analysis upon a peace officer's lawful
request is guilty of a misdemeanor, punishable by imprisonment for
not more than 90 days, or a fine of not more than $100, or both.
| ||
|
(6)
|
Tests of presence of alcohol or controlled substance in blood;
admissibility into evidence; advisement of rights; collection of urine
or breath samples; blood withdrawn for post-accident medical treatment,
admissibility of test results; withdrawal of blood from deceased driver,
results of test to law enforcement agency. The following provisions
apply with respect to chemical tests and analysis of a person's blood,
urine or breath, other than preliminary chemical breath analysis:
| ||
|
(a)
|
The amount of alcohol or presence of a controlled substance
or both in a driver's blood or urine or the amount of alcohol in a
person's breath at the time alleged as shown by chemical analysis
of the person's blood, urine or breath is admissible into evidence
in any civil or criminal proceeding.
| ||
|
(b)
|
A person arrested for a crime described in Section 5.15c(1)
shall be advised of all of the following:
| ||
|
(i)
|
If he takes a chemical test of his blood, urine or breath administered
at the request of a peace officer, he has the right to demand that
a person of his own choosing administer one of the chemical tests.
| ||
|
(ii)
|
The results of the test are admissible in a judicial proceeding
as provided under the act and shall be considered with other competent
evidence in determining the defendant's innocence or guilt.
| ||
|
(iii)
|
He is responsible for obtaining a chemical analysis of a test
sample obtained pursuant to his own request.
| ||
|
(iv)
|
If he refuses the request of a peace officer to take a test
described in Subparagraph (i), a test shall not be given without a
court order, but the peace officer may seek to obtain such a court
order.
| ||
|
(v)
|
Refusing a peace officer's request to take a test described
in Subparagraph (i) shall result in the suspension of his operator's
or chauffeur's license and vehicle group designation or operating
privilege and in the addition of six points to his driver record.
| ||
|
(c)
|
A sample or specimen of urine or breath shall be taken and collected
in a reasonable manner. Only a licensed physician or an individual
operating under the delegation of a licensed physician under Section
16215 of the Public Health Code, Act No. 368 of the Public Acts of
Michigan of 1978 (MCL 333.16215, MSA 14.15(16215)), as amended, qualified
to withdraw blood and acting in a medical environment, may withdraw
blood at a peace officer's request to determine the amount of alcohol
or presence of a controlled substance or both in the person's blood,
as provided in this subsection. Liability for a crime or civil damages
predicated on the act of withdrawing or analyzing blood and related
procedures shall not attach to a licensed physician or individual
operating under the delegation of a licensed physician who withdraws
or analyzes blood or assists in the withdrawal or analysis in accordance
with this subsection, unless the withdrawal or analysis is performed
in a negligent manner.
| ||
|
(d)
|
A chemical test described in this subsection shall be administered
at the request of a peace officer having reasonable grounds to believe
the person has committed a crime described in Section 5.15c(1). A
person who takes a chemical test administered at a peace officer's
request, as provided in this section, shall be given a reasonable
opportunity to have a person of his own choosing administer one of
the chemical tests described in this subsection within a reasonable
time after his detention. The test results are admissible and shall
be considered with other competent evidence in determining the defendant's
innocence or guilt. If the person charged is administered a chemical
test by a person of his own choosing, the person charged is responsible
for obtaining a chemical analysis of the test sample.
| ||
|
(e)
|
If, after an accident, the driver of a vehicle involved in the
accident is transported to a medical facility and a sample of the
driver's blood is withdrawn at that time for medical treatment, the
results of a chemical analysis of that sample are admissible in any
civil or criminal proceeding to show the amount of alcohol or presence
of a controlled substance, or both, in the person's blood at the time
alleged, regardless of whether the person had been offered or had
refused a chemical test. The medical facility or person performing
the chemical analysis shall disclose the results of the analysis to
the prosecuting attorney who requests the results for use in a criminal
prosecution as provided in this subdivision. A medical facility or
person disclosing information in compliance with this subsection is
not civilly or criminally liable for making the disclosure.
| ||
|
(f)
|
If, after an accident, the driver of a vehicle involved in the
accident is deceased, a sample of the decedent's blood shall be withdrawn
in a manner directed by the medical examiner to determine the amount
of alcohol or the presence of a controlled substance or both in the
decedent's blood. The medical examiner shall give the results of the
chemical analysis of the sample to the law enforcement agency investigating
the accident, and that agency shall forward the results to the department
of state police.
| ||
|
(g)
|
The department of state police shall promulgate uniform rules
under the administrative procedures act, Act No. 306 of the Public
Acts of Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101) et seq.),
as amended, for the administration of chemical tests for the purposes
of this section. An instrument used for a preliminary chemical breath
analysis may be used for a chemical test described in this subsection
if approved pursuant to rules promulgated by the department of state
police.
| ||
|
(7)
|
Introduction of other competent evidence on issue of intoxication
not precluded. The provisions of Subsection (6) of this section relating
to chemical testing do not limit the introduction of any other competent
evidence bearing upon the question of whether or not a person was
impaired by or under the influence of intoxicating liquor or a controlled
substance or a combination of intoxicating liquor and a controlled
substance or whether the person had an alcohol content of 0.10 grams
or more per 100 milliliters of blood, per 210 milliliters of breath
or per 67 milliliters of urine, or if the person is less than 21 years
of age whether the person had any bodily alcohol content within his
body. As used in this section, the expression "any bodily alcohol
content" means either of the following:
| ||
|
(a)
|
An alcohol content of not less than 0.02 grams or more than
0.07 grams per 100 milliliters of blood, per 210 milliliters of breath,
or per 67 milliliters of urine.
| ||
|
(b)
|
Any presence of alcohol within a person's body resulting from
the consumption of intoxicating liquor, other than consumption of
intoxicating liquor as a part of a generally recognized religious
service or ceremony.
| ||
|
(8)
|
Offender entitled to copy of test results upon written request;
failure of prosecution to furnish as bar to admissibility into evidence.
If a chemical test described in Subsection (6) of this section is
administered, the test results shall be made available to the person
charged or the person's attorney, upon written request to the prosecution,
with a copy of the request filed with the court. The prosecution shall
furnish the results at least two days before the day of the trial.
The prosecution shall offer the test results as evidenced in that
trial. Failure to fully comply with the request bars the admission
of the results into evidence by the prosecution.
| ||
|
(9)
|
Presumptions. Except in a prosecution relating solely to a violation
of Section 5.15(1)(b) or (4) the amount of alcohol in the driver's
blood, breath or urine at the time alleged as shown by chemical analysis
of the person's blood, breath or urine gives rise to the following
presumptions:
| ||
|
(a)
|
If there were at the time 0.07 grams or less of alcohol per
100 milliliters of the defendant's blood, per 210 milliliters of the
defendant's breath or per 67 milliliters of the defendant's urine,
it is presumed that the defendant's ability to operate a motor vehicle
was not impaired due to the consumption of intoxicating liquor and
that the defendant was not under the influence of intoxicating liquor.
| ||
|
(b)
|
If there were at the time more than 0.07 grams but less than
0.10 grams of alcohol per 100 milliliters of the defendant's blood,
per 210 milliliters of the defendant's breath or per 67 milliliters
of the defendant's urine, it is presumed that the defendant's ability
to operate a vehicle was impaired within the provisions of section
5.15(3) due to the consumption of intoxicating liquor.
| ||
|
(c)
|
If there were at the time 0.10 grams or more of alcohol per
100 milliliters of the defendant's blood, per 210 milliliters of the
defendant's breath or per 67 milliliters of the defendant's urine,
it is presumed that the defendant was under the influence of intoxicating
liquor.
| ||
|
(10)
|
Jury instruction as to effect of refusal to take test. A person's
refusal to submit to a chemical test as provided in Subsection (6)
is admissible in a criminal prosecution for a crime described in Section
5.15c(1) only to show that a test was offered to the defendant, but
not as evidence in determining the defendant's innocence or guilt.
The jury shall be instructed accordingly.
| ||
|
Sec. 5.15b. Arraignment; pretrial conference advising
accused; licensing sanction.
| |||
|
(1)
|
Arraignment. A person arrested for a misdemeanor violation of
Section 5.15(1), (3) or (4) or 5.15m shall be arraigned on the citation,
complaint or warrant not more than 14 days after the arrest for the
violation or, if an arrest warrant is issued or reissued, not more
than 14 days after the issued or reissued arrest warrant is served,
whichever is later. The court shall not dismiss a case or impose any
other sanction for a failure to comply with this time limit. The time
limit does not apply to a violation of Section 5.15(1), (3) or (4)
or Section 5.15m joined with a felony charge.
| ||
|
(2)
|
Scheduling of pretrial conference; mandatory attendance by defendant;
acceptance of plea; not more than one adjournment; final adjudication
time limit. The court shall schedule a pretrial conference between
the prosecuting attorney, the defendant and the defendant's attorney
in each case in which the defendant is charged with a misdemeanor
violation of Section 5.15(1), (3) or (4) or 5.15m. The pretrial conference
shall be held not more than 35 days after the person's arrest for
the violation or, if an arrest warrant is issued or reissued, not
more than 35 days after the issued or reissued arrest warrant is served,
whichever is later. If the court has only one judge who sits in more
than one location in that district, the pretrial conference shall
be held not more than 42 days after the person's arrest for the violation
or, if an arrest warrant is issued or reissued, not more than 42 days
after the date the issued or reissued arrest warrant is served, whichever
is later. The court shall not dismiss a case or impose any other sanction
for a failure to comply with the applicable time limit. The thirty-five-
and forty-two-day time limits do not apply to a violation of Section
5.15(1), (3) or (4) or 5.15m joined with a felony charge. The court
shall order the defendant to attend the pretrial conference and may
accept a plea by the defendant at the conclusion of the pretrial conference.
The court may adjourn the pretrial conference upon the motion of a
party for good cause shown. Not more than one adjournment shall be
granted to a party, and the length of an adjournment shall not exceed
14 days.
| ||
|
(3)
|
Delays; adjudication. Except for delay attributable to the unavailability
of the defendant, a witness or material evidence or due to an interlocutory
appeal or exceptional circumstances, but not a delay caused by docket
congestion, the court shall finally adjudicate by a plea of guilty
or nolo contendere, entry of a verdict or other final disposition,
a case in which the defendant is charged with a misdemeanor violation
of Section 5.15(1), (3), or (4), or 5.15m, within 77 days after the
person is arrested for the violation or, if an arrest warrant is issued
or reissued, not more than 77 days after the date the issued or reissued
arrest warrant is served, whichever is later. The court shall not
dismiss a case or impose any other sanction for a failure to comply
with this time limit. The seventy-seven-day time limit does not apply
to a violation of Section 5.15(1), (3), or (4) or Section 5.15m joined
with a felony charge.
| ||
|
(4)
|
Advisement of maximum penalty prior to acceptance of plea. Before
accepting a plea of guilty or nolo contendere under Section 5.15,
the court shall advise the accused of the maximum possible term of
imprisonment and the maximum possible fine that may be imposed for
the violation and shall advise the defendant that the maximum possible
license sanctions that may be imposed will be based upon the master
driving record maintained by the secretary of state pursuant to Section
204a of the act (MCL 257.204a, MSA 9.1904(1)), as amended.
| ||
|
(5)
|
Screening and assessment as to alcohol or drug abuse; rehabilitative
services. Before imposing sentence, other than court-ordered license
sanctions, for a violation of Section 5.15(1), (3), or (4), the court
shall order the person to undergo screening and assessment by a person
or agency designated by the office of substance abuse services, to
determine whether the person is likely to benefit from rehabilitative
services, including alcohol or drug education and alcohol or drug
treatment programs. As part of the sentence, the court may order the
person to participate in and successfully complete one or more appropriate
rehabilitative programs. The person shall pay for the costs of the
screening, assessment and rehabilitative services.
| ||
|
(6)
|
Consideration of prior convictions; imposition of licensing
sanctions; restricted license. Immediately upon acceptance by the
court of a plea of guilty or nolo contendere or upon entry of a verdict
of guilty for a violation of Section 5.15(1), (3), or (4), whether
or not the person is eligible to be sentenced as a multiple offender,
the court shall consider all prior convictions currently entered upon
the person's state driving record, except convictions the court determines
upon the defendant's motion to be constitutionally invalid, and shall
impose the following licensing sanctions:
| ||
|
(a)
|
For a conviction under Section 5.15(1):
| ||
|
(i)
|
If the court finds that the person has no prior convictions
within seven years for a violation of Section 625(1), (3), (4) or
(5) of the act (MCL 257.625(1), (3), (4), or (5), MSA 9.2325, (1),
(3), (4), or (5)), or former Section 625(1) or (2) of the act (MCL
257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section 625b
of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially
corresponding to Section 625(1) or (3) (MCL 257.625(1) or (3), MSA
9.2325, (1) or (3)), former Section 625(1) or (2) of the act or former
Section 625b of the act, or a law of another state substantially corresponding
to Section 625(1), (3), (4) or (5), former Section 625(1) or (2) of
the act, or former Section 625b of the act, the court shall order
the secretary of state to suspend the person's operator's or chauffeur's
license for not less than six months or more than two years. If the
court finds compelling circumstances under Subsection (10) sufficient
to warrant the issuance of a restricted license to a person, the court
may order the secretary of state to issue to the person a restricted
license during all or a specified portion of the suspension, except
that a restricted license shall not be issued during the first 30
days of the suspension.
| ||
|
(ii)
|
If the court finds that the person has one prior conviction
within seven years for a violation of Section 625(3) of the act (MCL
257.625(3), MSA 9.2325, (3)), or former Section 625b of the act (MCL
257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding
to Section 625(3) of the act, or former Section 625b of the act, or
a law of another state substantially corresponding to Section 625(3)
of the act, or former Section 625b of the act, the court shall order
the secretary of state to suspend the person's operator's or chauffeur's
license for not less than six months or more than two years. If the
court finds compelling circumstances under Subsection (10) sufficient
to warrant the issuance of a restricted license to a person, the court
may order the secretary of state to issue to the person a restricted
license during all or any portion of the suspension, except that a
restricted license shall not be issued during the first 60 days of
the suspension.
| ||
|
(iii)
|
If the court finds that the person has one or more prior convictions
within seven years for a violation of Section 625(1), (4) or (5) of
the act (MCL 257.625(1), (4) or (5), MSA 9.2325, (1), (4), or (5)),
or former Section 625(1) or (2) of the act (MCL 257.625(1) or (2),
MSA 9.2325, (1), or (2)), a local ordinance substantially corresponding
to Section 625(1) of the act (MCL 257.625(1), MSA 9.2325, (1)), or
former Section 625(1) or (2) of the act, or a law of another state
substantially corresponding to Section 625(1), (4) or (5) of the act,
or former Section 625(1) or (2) of the act, or that the person has
two or more prior convictions within 10 years for a violation of Section
625(1), (3), (4) or (5) of the act (MCL 257.625(1), (3), (4) or (5),
MSA 9.2325, (1), (3), (4), or (5)), former Section 625(1) or (2) of
the act, or former Section 625b of the act (MCL 257.625b, MSA 9.2325(2)),
a local ordinance substantially corresponding to Section 625(1) or
(3) of the act (MCL 257.625(1) or (3), MSA 9.2325, (1) or (3)), former
Section 625(1) or (2) of the act, or former Section 625b of the act,
or a law of another state substantially corresponding to Section 625(1),
(3), (4) or (5) of the act, former Section 625(1) or (2) of the act,
or former Section 625b of the act, the court shall order the secretary
of state to revoke the person's operator's or chauffeur's license
and shall not order the secretary of state to issue a restricted license
to the person.
| ||
|
(b)
|
For a conviction under Section 5.15(3):
| ||
|
(i)
|
If the court finds that the convicted person has no prior conviction
within seven years for a violation of Section 625(1), (3), (4), or
(5) of the act (MCL 257.625(1), (3), (4) or (5), MSA 9.2325, (1),
(3), (4) or (5)), former Section 625(1) or (2) of the act (MCL 257.625(1)
or (2), MSA 9.2325, (1) or (2)), or former Section 625b of the act
(MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding
to Section 625(1) or (3) of the act (MCL 257.625(1) or (3), MSA 9.2325,
(1) or (3)), former Section 625(1) or (2) of the act, or former Section
625b of the act, or a law of another state substantially corresponding
to Section 625(1), (3), (4), or (5) of the act, former Section 625(1)
or (2) of the act, or former Section 625b of the act, the court shall
order the secretary of state to suspend the person's operator's or
chauffeur's license for not less than 90 days or more than one year.
However, if the person is convicted of a violation of Section 5.15(3)
for operating a vehicle when, due to the consumption of a controlled
substance or a combination of intoxicating liquor and a controlled
substance, the person's ability to operate the vehicle was visibly
impaired, the court shall order the secretary of state to suspend
the operator's or chauffeur's license of the person for not less than
six months or more than one year. If the court finds compelling circumstances
under Subsection (10) of this section sufficient to warrant the issuance
of a restricted license to a person, the court may order the secretary
of state to issue to the person a restricted license during all or
a specified portion of the suspension.
| ||
|
(ii)
|
If the court finds that the person has one prior conviction
within seven years for a violation of Section 625(1), (3), (4), or
(5) of the act (MCL 257.625(1), (3), (4), or (5), MSA 9.2325, (1),
(3), (4) or (5)), former Section 625(1) or (2) of the act (MCL 257.625(1)
or (2), MSA 9.2325, (1) or (2)) of the act or former Section 625b
of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially
corresponding to Section 625(1) or (3) of the act (MCL 257.625(1)
or (3), MSA 9.2325, (1) or (3)) of the act or former Section 625(1)
or (2) of the act, or former Section 625b of the act, or a law of
another state substantially corresponding to Section 625(1), (3),
(4), or (5) of the act, former Section 625(1) or (2) of the act, or
former Section 625b of the act, the court shall order the secretary
of state to suspend the person's operator's or chauffeur's license
for not less than six months or more than two years. If the court
finds compelling circumstances under Subsection (10) of this section
sufficient to warrant the issuance of a restricted license to a person,
the court may order the secretary of state to issue to the person
a restricted license during all or any portion of the suspension,
except that a restricted license shall not be issued during the first
60 days of the suspension.
| ||
|
(iii)
|
If the court finds that the person has two or more prior conviction
within 10 years for a violation of Section 625(1), (3), (4), or (5)
of the act (MCL 257.625(1), (3), (4) or (5), MSA 9.2325, (1), (3),
(4) or (5)), or former Section 625(1) or (2) of the act (MCL 257.625(1)
or (2), MSA 9.2325, (1) or (2)), or former Section 625b of the act
(MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially corresponding
to Section 625(1) or (3) of the act (MCL 257.625(1) or (3), MSA 9.2325,
(1) or (3)), or former Section 625(1) or (2) of the act, or former
Section 625b of the act, or a law of another state substantially corresponding
to Section 625(1), (3), (4), or (5) of the act, or former Section
625(1) or (2) of the act, or former Section 625b of the act, the court
shall order the secretary of state to revoke the person's operator's
or chauffeur's license and shall not order the secretary of state
to issue a restricted license to the person.
| ||
|
(c)
|
For a conviction under Section 5.15(4):
| ||
|
(i)
|
If the court finds that the convicted person has no prior conviction
within seven years for a violation of Section 625(1), (3), (4), (5),
or (6) of the act (MCL 257.625(1), (3), (4), (5), or (6), MSA 9.2325,
(1), (3), (4), (5) or (6)), former Section 625(1) or (2) of the act
(MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section
625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially
corresponding to Section 625(1), (3), or (6) of the act (MCL 257.625(1),
(3) or (6), MSA 9.2325, (1), (3) or (6)), former Section 625(1) or
(2), or former Section 625b, or a law of another state substantially
corresponding to Section 625(1), (3), (4), (5), or (6), former Section
625(1) or (2), or former Section 625b, the court shall order the secretary
of state to suspend the operator's or chauffeur's license of the person
for not less than 30 days or more than 90 days. The court may order
the secretary of state to issue to the person a restricted license
during all or a specified portion of the suspension.
| ||
|
(ii)
|
If the court finds that the person has one or more prior convictions
within seven years for a violation of Section 625(1), (3), (4), (5),
or (6) of the act (MCL 257.625(1), (3), (4), (5) or (6), MSA 9.2325,
(1), (3), (4), (5) or (6)), former Section 625(1) or (2) of the act
(MCL 257.625(1) or (2), MSA 9.2325, (1) or (2)), or former Section
625b of the act (MCL 257.625b, MSA 9.2325(2)), a local ordinance substantially
corresponding to Section 625(1), (3), or (6) of the act (MCL 257.625(1),
(3) or (6), MSA 9.2325, (1), (3) or (6)), former Section 625(1) or
(2), or former Section 625b, or a law of another state substantially
corresponding to Section 625(1), (3), (4), (5), or (6), former Section
625(1) or (2), or former Section 625b, the court shall order the secretary
of state to suspend the person's operator's or chauffeur's license
for not less than 90 days or more than one year. The court may order
the secretary of state to issue to the person a restricted license
during all or any portion of the suspension, except that a restricted
license shall not be issued during the first 90 days of the suspension.
| ||
|
(7)
|
Permitted uses under restricted license. A restricted license
issued pursuant to an order under Subsection (6) shall permit the
person to whom it is issued to drive under one or more of the following
circumstances:
| ||
|
(a)
|
To and from the person's residence and work location.
| ||
|
(b)
|
In the course of the person's employment or occupation.
| ||
|
(c)
|
To and from the person's residence and an alcohol or drug education
or treatment program as ordered by the court.
| ||
|
(d)
|
To and from the person's residence and the court probation department
or a court-ordered community service program, or both.
| ||
|
(e)
|
To and from the person's residence and an educational institution
at which the person is enrolled as a student.
| ||
|
(f)
|
To and from the person's residence or work location and a place
of regularly occurring medical treatment for a serious condition for
the person or a member of the person's household or immediate family.
| ||
|
(8)
|
Ignition interlock device requirement. The court may order that
the restricted license issued pursuant to Subsection (6) include the
requirement that the person shall not operate a motor vehicle unless
the vehicle is equipped with a functioning ignition interlock device.
The device shall be set to render the motor vehicle inoperable if
the device detects an alcohol content of 0.02 grams or more per 210
liters of breath from the person who offers a breath sample. The court
may order installation of an ignition interlock device on any motor
vehicle that the person owns or operates, the costs of which the person
whose license is restricted shall bear.
| ||
|
(9)
|
Hauling of hazardous materials under restricted license prohibited.
The court shall not order the secretary of state under Subsection
(6) to issue a restricted license that would permit a person to operate
a commercial motor vehicle that hauls hazardous materials.
| ||
|
(10)
|
Transportation need requirement. The court shall not order the
secretary of state to issue a restricted license unless the person
states under oath, and the court finds pursuant to testimony taken
in open court or pursuant to statements contained in a sworn affidavit
on a form prescribed by the state court administrator, that both of
the following are true:
| ||
|
(a)
|
The person needs vehicular transportation to and from his work
location, place of alcohol or drug education treatment, court probation
department, court-ordered community service program, or educational
institution, or a place of regularly occurring medical treatment for
a serious condition, or in the course of the person's employment or
occupation.
| ||
|
(b)
|
The person is unable to take public transportation and does
not have any family members or other individuals able to provide transportation
to a destination or for a purpose described in subdivision (a).
| ||
|
(11)
|
Restricted license to indicate travel destination, route and
time. The court order issued under Subsection (6) and the restricted
license shall indicate the permitted destination of the person or
the permitted purposes for which the person may operate a vehicle,
the approved route if specified by the court, and permitted times
of travel.
| ||
|
(12)
|
Surrender of license on conviction; abstract forwarded to secretary;
suspension or revocation; issuance of restricted license; stay pending
appeal. Immediately upon acceptance by the court of a plea of guilty
or nolo contendere or upon entry of a verdict of guilty for a violation
of Section 5.15(1), (3) or (4), the person shall surrender to the
court his operator's or chauffeur's license or permit. The court shall
immediately destroy the license or permit and forward an abstract
of conviction with court-ordered license sanctions to the secretary
of state. Upon receipt of, and pursuant to, the abstract of conviction
with court-ordered license sanctions, the secretary of state shall
suspend or revoke the person's license and, if ordered by the court
and the person is otherwise eligible for a license, issue to the person
a restricted license stating the limited driving privileges indicated
on the abstract. If the judgment and sentence is appealed to the circuit
court, the court may, ex parte, order the secretary of state to stay
the suspension, revocation, or restricted license issued pursuant
to this section pending the outcome of the appeal.
| ||
|
(13)
|
Vehicle group designation suspension; restricted license permitting
commercial vehicle operation prohibited. In addition to any other
suspension or revocation ordered under this section and as part of
the sentence imposed upon a person who violates Section 5.15(1) or
(3), while operating a commercial motor vehicle, the court shall order
the secretary of state to suspend the vehicle group designations on
the person's operator's or chauffeur's license in accordance with
Section 319b(1)(c) of the act (MCL 257.319b(1)(c), MSA 9.2019(2),
(1)(c)), as amended. If the vehicle was transporting hazardous material
required to have a placard pursuant to 49 CFR 100 to 199, the court
shall order the secretary of state to suspend the vehicle group designations
on the person's operator's or chauffeur's license in accordance with
Section 319b(1)(d) of the act (MCL 257.319b(1)(d), MSA 9.2019(2),
(1)(d)), as amended. The court shall not order the secretary of state
to issue a restricted license that would permit the person to operate
a commercial motor vehicle.
| ||
|
(14)
|
Vehicle group designation revocation; restricted license permitting
commercial vehicle operation prohibited. In addition to any other
suspension or revocation ordered under this section and as part of
the sentence imposed upon a person who is convicted of a violation
of Section 5.15(1) or (3), while operating a commercial motor vehicle
within 10 years of a prior conviction, the court shall order the secretary
of state to revoke the vehicle group designations on the person's
operator's or chauffeur's license in accordance with Section 319b(1)(e)
of the act (MCL 257.319b(1)(e), MSA 9.2019(2), (1)(e)), as amended.
The court shall not order the secretary of state to issue a restricted
license that would permit the person to operate a commercial motor
vehicle. As used in this subsection, the term "prior conviction" means
a conviction under Section 625(1), (3), (4), or (5) of the act (MCL
257.625(1), (3), (4), or (5), MSA 9.2325, (1), (3), (4), or (5)),
former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA
9.2325, (1) or (2)), or former Section 625b of the act (MCL 257.625b,
MSA 9.2325(2)), a local ordinance substantially corresponding to Section
625(1) or (3) of the act (MCL 257.625(1) or (3), MSA 9.2325, (1) or
(3)), former Section 625(1) or (2), or former Section 625b, or a law
of another state substantially corresponding to Section 625(1), (3),
(4), or (5), former Section 625(1) or (2), or former Section 625b
involving the operation of a commercial motor vehicle, or a conviction
under Section 625m of the act (MCL 257.625m, MSA 9.2325(13)), a local
ordinance substantially corresponding to Section 625m, or a law of
another state substantially corresponding to Section 625m.
| ||
|
(15)
|
Work location. As used in this section, the term "work location"
means, as applicable, the specific place or places of employment or
the territory or territories regularly visited by the person in pursuance
of the person's occupation, or both.
| ||
|
Sec. 5.15c. Preliminary chemical breath analysis.
| |||
|
(1)
|
Consent to chemical test. A person who operates a vehicle upon
a public highway or other place open to the general public or generally
accessible to motor vehicles, including an area designated for the
parking of vehicles within the City, is considered to have given consent
to chemical tests of his blood, breath or urine for the purpose of
determining the amount of alcohol or presence of a controlled substance,
or both, in his blood or urine or the amount of alcohol in his breath,
in all of the following circumstances:
| ||
|
(a)
|
If the person is arrested for a violation of Section 5.15(1),
(3), (4), 5.15a or 5.15m.
| ||
|
(b)
|
If the person is arrested for felonious driving, negligent homicide,
manslaughter or murder resulting from the operation of a motor vehicle
and the peace officer had reasonable grounds to believe the person
was operating the vehicle while impaired by or under the influence
of intoxicating liquor or a controlled substance or a combination
of intoxicating liquor and a controlled substance or while having
an alcohol content of 0.10 grams or more per 100 milliliters of blood,
per 210 liters of breath, or per 67 milliliters of urine, or if the
person is less than 21 years of age while having any bodily alcohol
content. As used in this subdivision, the expression "any bodily alcohol
content" means either of the following:
| ||
|
(i)
|
An alcohol content of not less than 0.02 grams or more than
0.07 grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine.
| ||
|
(ii)
|
Any presence of alcohol within a person's body resulting from
the consumption of intoxicating liquor, other than consumption of
intoxicating liquor as a part of a generally recognized religious
service or ceremony.
| ||
|
(2)
|
Exceptions. A person who is afflicted with hemophilia, diabetes
or a condition requiring the use of an anticoagulant under the direction
of a physician is not considered to have given consent to the withdrawal
of blood.
| ||
|
(3)
|
Administration. The tests shall be administered as provided
in Section 5.15a(6).
| ||
|
Sec. 5.15d. Refusal to submit to chemical test.
| |
|---|---|
|
(1)
|
Necessity of court order upon refusal of accused to submit to
chemical test. If a person refuses the request of a peace officer
to submit to a chemical test offered pursuant to Section 5.15a(6),
a test shall not be given without a court order, but the officer may
seek to obtain the court order.
|
|
(2)
|
Advisement of consequences of refusal; report to secretary of
state. A written report shall immediately be forwarded to the secretary
of state by the peace officer. The report shall state that the officer
had reasonable grounds to believe that the person had committed a
crime described in Section 5.15c(1), and that the person had refused
to submit to the test upon the request of the peace officer and had
been advised of the consequences of the refusal. The form of the report
shall be prescribed and furnished by the secretary of state.
|
|
Sec. 5.15e. Notice of receipt of report; request for hearing.
| |
|---|---|
|
(1)
|
Generally. If a person refuses to submit to a chemical test
pursuant to Section 5.15d, the peace officer shall immediately notify
the person in writing, that within 14 days of the date of the notice
the person may request a hearing as provided in Section 5.15f. The
form of the notice shall be prescribed and furnished by the secretary
of state.
|
|
(2)
|
Notice; contents; failure to request hearing, consequences;
counsel. The notice shall specifically state that failure to request
a hearing within 14 days will result in the suspension of the person's
license or permit to drive. The notice shall also state that there
is not a requirement that the person retain counsel for the hearing,
though counsel would be permitted to represent the person at the hearing.
|
|
Sec. 5.15f. Failure to request hearing; effect.
| ||
|
(1)
|
Generally. If the person who refuses to submit to a chemical
test pursuant to Section 5.15d does not request a hearing within 14
days after the date of notice pursuant to Section 5.15e, the secretary
of state shall impose the following license sanctions:
| |
|
(a)
|
If the person was operating a vehicle other than a commercial
motor vehicle, suspend or deny the person's operator's or chauffeur's
license or permit to drive, or nonresident operating privilege, for
six months, or for a second or subsequent refusal within seven years,
for one year. If the person is a resident without a license or permit
to operate a vehicle in the state, the secretary of state shall not
issue the person a license or permit for six months, or for a second
or subsequent refusal within seven years, for one year.
| |
|
(b)
|
If the person was operating a commercial motor vehicle, for
the first refusal, suspend all vehicle group designations on the person's
operator's or chauffeur's license or permit, or nonresident privilege
to operate a commercial motor vehicle, or if the person is a resident
without a license or permit to operate a commercial motor vehicle
in the state, not issue the person an operator's or chauffeur's license
with vehicle group designations, for one year.
| |
|
(c)
|
If the person was operating a commercial motor vehicle, for
a second or subsequent refusal that occurred in a separate incident
from, and within 10 years of, a prior refusal, revoke all vehicle
group designations on the person's operator's or chauffeur's license
or permit, or nonresident privilege to operate a commercial motor
vehicle, or if the person is a resident without a license or permit
to operate a commercial motor vehicle in the state, not issue the
person an operator's or chauffeur's license with vehicle group designations,
for not less than 10 years and until the person is approved for the
issuance of a vehicle group designation.
| |
|
(d)
|
If the person was operating a commercial motor vehicle and was
arrested for an offense enumerated in Section 5.15c other than a violation
of Section 5.15a(5) or 5.15m, impose the license sanction described
in Subdivision (a) and the license sanction described in Subdivision
(b) or (c), as applicable.
| |
|
(2)
|
Hearing; time for holding; scope of inquiry. If a hearing is
requested, the secretary of state shall hold the hearing in the same
manner and under the same conditions as provided in Section 322 of
the act (MCL 257.322, MSA 9.2022). Not less than five days' notice
of the hearing shall be mailed to the person requesting the hearing,
to the peace officer who filed the report under Section 5.15d and,
if the prosecuting attorney requests receipt of the notice, to the
prosecuting attorney of the county where the arrest was made. The
hearing officer may administer oaths, issue subpoenas for the attendance
of necessary witnesses, and grant a reasonable request for an adjournment.
Not more than one adjournment shall be granted to a party and the
length of an adjournment shall not exceed 14 days. A hearing under
this subsection shall be scheduled to be held within 45 days after
the date of arrest for the violation. The hearing officer shall not
impose any sanction for a failure to comply with these time limits.
| |
|
(3)
|
Adjudication. Except for delay attributable to the unavailability
of the defendant, a witness or material evidence or due to an interlocutory
appeal or exceptional circumstances, but not a delay caused by docket
congestion, a hearing shall be finally adjudicated within 77 days
after the date of arrest. The hearing officer shall not impose any
sanction for failure to comply with this time limit.
| |
|
(4)
|
Issues covered by hearing. The hearing shall cover only the
following issues:
| |
|
(a)
|
Whether the peace officer had reasonable grounds to believe
that the person had committed a crime described in Section 5.15c(1).
| |
|
(b)
|
Whether the person was placed under arrest for a crime described
in Section 5.15c(1).
| |
|
(c)
|
If the person refused to submit to the test upon the request
of the officer, whether the refusal was reasonable.
| |
|
(d)
|
Whether the person was advised of their rights under Section
5.15a(6).
| |
|
(5)
|
Particular findings. A person shall not order a hearing officer
to make a particular finding on any issue enumerated in Subsection
(4)(a) to (d).
| |
|
(6)
|
Record of proceedings, preparation, transcription; transmittal
to reviewing court; stipulation; corrections. The hearing officer
shall make a record of a hearing held pursuant to this section. The
record shall be prepared and transcribed in accordance with Section
86 of the administrative procedures act of 1969, Act No. 306 of the
Public Acts of Michigan of 1969 (MCL 24.201 et seq., MSA 3.560(101)
et seq.), as amended. Upon notification of the filing of a petition
for judicial review pursuant to Section 323 of the Michigan Motor
Vehicle Code (MCL 257.323, MSA 9.2023), and not less than 10 days
before the matter is set for review, the hearing officer shall transmit
to the court in which the petition was filed the original or a certified
copy of the official record of the proceedings. Proceedings at which
evidence was presented need not be transcribed and transmitted if
the sole reason for review is to determine whether the court will
order issuance of a restricted license. The parties to the proceedings
for judicial review may stipulate that the record be shortened. A
party unreasonably refusing to stipulate to a shortened record may
be taxed by the court in which the petition is filed for the additional
costs. The court may permit subsequent corrections to the record.
| |
|
(7)
|
Failure of defendant to prevail; imposition of licensing sanctions.
If the person who requested a hearing does not prevail, the secretary
of state shall impose the following license sanctions after the hearing:
| |
|
(a)
|
If the person was operating a vehicle other than a commercial
motor vehicle, suspend or deny issuance of a license or driving permit
or a nonresident operating privilege of the person for six months,
or for a second or subsequent refusal within seven years, for one
year. If the person is a resident without a license or permit to operate
a vehicle in the state, the secretary of state shall not issue the
person a license or permit for six months, or for a second or subsequent
refusal within seven years, for one year. The person may file a petition
in the circuit court of the county in which the arrest was made to
review the suspension or denial as provided in Section 323 of the
act (MCL 257.323, MSA 9.2023), as amended.
| |
|
(b)
|
If the person was operating a commercial motor vehicle, impose
the sanction prescribed under Subsection (1)(b) or (1)(c), as applicable.
The person may file a petition in the circuit court of the county
in which the arrest was made to review the suspension or denial as
provided in Section 323 of the act (MCL 257.323, MSA 9.2023), as amended.
| |
|
(c)
|
If the person was operating a commercial motor vehicle and was
arrested for an offense enumerated in Section 5.15c, other than a
violation of Section 5.15a(5) or 5.15m, impose the license sanctions
described in Subdivisions (a) and (b).
| |
|
(8)
|
Petition to review determination. If the person who requested
the hearing prevails, the peace officer who filed the report under
Section 5.15d may, with the consent of the prosecuting attorney, file
a petition in the circuit court of the county in which the arrest
was made to review the determination of the hearing officer as provided
in Section 323 of the act (MCL 257.323, MSA 9.2023), as amended.
| |
|
(9)
|
Suspension or revocation of nonresident's license; procedure.
When it has been finally determined that a nonresident's privilege
to operate a vehicle in the state has been suspended or denied, the
department shall give notice in writing of the action taken to the
motor vehicle administrator of the state of the person's residence
and of each state in which he has a license to operate a motor vehicle.
| |
|
Sec. 5.15g. Duty of officer upon refusal.
| |||
|
(1)
|
Confiscation by peace officer of accused's license upon refusal
to take test or if test reveals impermissible blood alcohol content;
issuance of temporary license; report to secretary of state; destruction
of accused's license. If a person refuses a chemical test offered
pursuant to Section 5.15a(6) or submits to the chemical test or a
chemical test is performed pursuant to a court order and the test
reveals an unlawful alcohol content, the peace officer who requested
the person to submit to the test shall do all of the following:
| ||
|
(a)
|
On behalf of the secretary of state, immediately confiscate
the person's license or permit to operate a motor vehicle and, if
the person is otherwise eligible for a license or permit, issue a
temporary license or permit to the person. The temporary license or
permit shall be on a form provided by the secretary of state.
| ||
|
(b)
|
Except as provided in Subsection (2), immediately do all of
the following:
| ||
|
(i)
|
Forward a copy of the written report of the person's refusal
to submit to a chemical test required under Section 625d to the secretary
of state.
| ||
|
(ii)
|
Notify the secretary of state by means of the law enforcement
information network that a temporary license or permit was issued
to the person.
| ||
|
(iii)
|
Destroy the person's driver's license or permit.
| ||
|
(2)
|
Duty of peace officer when report of test results are not immediately
available. If a person submits to a chemical test offered pursuant
to Section 5.15a(6) that requires an analysis of blood or urine and
a report of the results of that chemical test is not immediately available,
the peace officer who requested the person to submit to the test shall
comply with Subsection (1)(a) pending receipt of the test report.
If the report reveals an unlawful alcohol content, the peace officer
who requested the person to submit to the test shall immediately comply
with Subsection (1)(b). If the report does not reveal an unlawful
alcohol content, the peace officer who requested the person to submit
to the test shall immediately notify the person of the test results
and immediately return the person's license or permit by first class
mail to the address given at the time of arrest.
| ||
|
(3)
|
Temporary license or permit; period of validity. A temporary
license or permit issued under this section is valid for one of the
following time periods:
| ||
|
(a)
|
If the case is not prosecuted, for 90 days after issuance or
until the person's license or permit is suspended pursuant to Section
5.15f, whichever occurs earlier. The prosecuting attorney shall notify
the secretary of state if a case referred to the prosecuting attorney
is not prosecuted. The arresting law enforcement agency shall notify
the secretary of state if a case is not referred to the prosecuting
attorney for prosecution.
| ||
|
(b)
|
If the case is prosecuted, until the criminal charges against
the person are dismissed, the person pleads guilty or nolo contendere
to or is found guilty of or acquitted of those charges, or the person's
license or permit is suspended pursuant to Section 5.15f, whichever
occurs earlier.
| ||
|
(4)
|
Unlawful blood content; defined. As used in this section, "unlawful
alcohol content" means any of the following, as applicable:
| ||
|
(a)
|
If the person tested is less than 21 years of age, 0.02 grams
or more of alcohol per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine.
| ||
|
(b)
|
If the person tested was operating a commercial motor vehicle
within this state, 0.04 grams or more of alcohol per 100 milliliters
of blood, per 210 liters of breath, or per 67 milliliters of urine.
| ||
|
(c)
|
If the person tested is not a person described in subdivision
(a) or (b), 0.10 grams or more of alcohol per 100 milliliters of blood,
per 210 liters of breath, or per 67 milliliters of urine.
| ||
|
Sec. 5.15m. Prohibition of operation of commercial motor
vehicle with certain percentage of alcohol in blood.
| |
|
(1)
|
Operator restrictions. A person, whether licensed or not, who
has an alcohol content of 0.04 grams or more but not more than 0.07
grams per 100 milliliters of blood, per 210 liters of breath, or per
67 milliliters of urine shall not operate a commercial motor vehicle
within this state.
|
|
(2)
|
Arrest for violation. A peace officer may arrest a person without
a warrant if the peace officer has reasonable cause to believe that
the person was, at the time of an accident, the driver of a commercial
motor vehicle involved in the accident and was operating the vehicle
in violation of this section or of a local ordinance substantially
corresponding to this section.
|
|
(3)
|
Violation as misdemeanor; penalty for conviction; suspension
of vehicle group designations on license or hazardous material placard;
prohibition against issuance of restricted license. A person who is
convicted of a violation of this section is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of
not more than $300, or both, together with costs of the prosecution.
As part of the sentence, the court shall order the secretary of state
to suspend the vehicle group designations on the person's operator's
or chauffeur's license pursuant to Section 319b(1)(c) of the act (MCL
257.319b(1)(c), MSA 9.2019(2), (1)(c)), as amended, or, if the vehicle
was carrying hazardous material required to have a placard pursuant
to 49 CFR 100 to 199, in accordance with Section 319b(1)(d) of the
act (MCL 257.319b(1)(d), MSA 9.2019(2), (1)(d)), as amended. The court
shall not order the secretary of state to issue a restricted license
that would permit the person to operate a commercial motor vehicle.
|
|
(4)
|
Enhancement of punishment for violation within 10 years of prior
conviction; revocation of vehicle group designations on license; issuance
of restricted license. A person who violates this section within 10
years of a prior conviction may be sentenced to imprisonment for not
more than 90 days or a fine of not more than $500, or both. As part
of the sentence, the court shall order the secretary of state to revoke
the vehicle group designations on the person's operator's or chauffeur's
license pursuant to Section 319b(1)(e) of the act (MCL 257.319b(1)(e),
MSA 9.2019(2), (1)(e)), as amended. The court shall not order the
secretary of state to issue a restricted license that would permit
the person to operate a commercial motor vehicle. As used in this
subsection, "prior conviction" means a conviction for a violation
of this section, Section 625(1), (3), (4), or (5) of the act (MCL
257.625(1), (3), (4), or (5), MSA 9.2325, (1), (3), (4), or (5)),
former Section 625(1) or (2) of the act (MCL 257.625(1) or (2), MSA
9.2325, (1) or (2)), or former Section 625b of the act (MCL 257.625b,
MSA 9.2325(2)); a local ordinance substantially corresponding to this
section, Section 625(1) or (3) of the act (MCL 257.625(1) or (3),
MSA 9.2325, (1) or (3)), former Section 625(1) or (2), or former Section
625b; or a law of another state substantially corresponding to this
section, Section 625(1), (3), (4), or (5), former Section 625(1) or
(2), or former Section 625b, while operating a commercial motor vehicle.
|
|
(5)
|
Points of conviction. When assessing points and taking license
actions under the act, the secretary of state and the court shall
treat a conviction for an attempted violation of Subsection (1) of
this section the same as if the offense had been completed.
|
|
Sec. 5.15n. Motor vehicle forfeiture; hearing, priority,
penalties.
| ||
|
(1)
|
Except as otherwise provided in this section and in addition
to any other penalty provided for in this ordinance, the judgment
of sentence for a conviction for a violation of Section 5.15(1), or
a violation of Section 5.15(3) describe in Section 5.15(7)(b)(c) may
require one of the following with regard to the vehicle used in the
offense if the defendant owns the vehicle in whole or in part or leases
the vehicle:
| |
|
(a)
|
Forfeiture of the vehicle if the defendant owns the vehicle
in whole or in part.
| |
|
(b)
|
Return of the vehicle to the lessor if the defendant leases
the vehicle.
| |
|
(2)
|
The vehicle may be seized pursuant to an order of seizure by
the court having jurisdiction upon a showing of probable cause that
the vehicle is subject to forfeiture or return to the lessor.
| |
|
(3)
|
The forfeiture of a vehicle is subject to the interest of the
holder of a security interest who did not have prior knowledge of
or consent to the violation.
| |
|
(4)
|
Within three days after the defendant's conviction for a violation
described in Subsection (1), the court shall notify the defendant,
his or her attorney, and the prosecuting attorney if the court intends
to consider imposing a sanction under this section. Within three days
after this notice, the prosecuting attorney shall give notice to all
owners of the vehicle and any person holding a security interest in
the vehicle that the court may require forfeiture or return of the
vehicle.
| |
|
(5)
|
If a vehicle is seized before disposition of the criminal proceedings,
a defendant who is an owner or lessee of the vehicle may move the
court having jurisdiction over the proceeding to require the seizing
agency to file a lien against the vehicle and to return the vehicle
to the owner or lessee pending disposition of the criminal proceedings.
The court shall hear the motion within seven days after the motion
is filed. If the defendant establishes at the hearing that he or she
holds the legal title of the vehicle or that he or she has a leasehold
interest and that it is necessary for him or her or a member of his
or her family to use the vehicle pending the outcome of the forfeiture
action, the court may order the seizing agency to return the vehicle
to the owner or lessee. If the court orders the return of the vehicle
to the owner or lessee, the court shall order the seizing agency to
file a lien against the vehicle.
| |
|
(6)
|
Within 14 days after notice by the prosecuting attorney is given
under Subsection (4), an owner, lessee, or holder of a security interest
may file a claim of interest in the vehicle. Within 21 days after
the expiration of the period for filing claims, but before sentencing,
the court shall hold a hearing to determine the legitimacy of any
claim, the extent of any co-owner's equity interest, and the liability
of the defendant to any co-lessee.
| |
|
(7)
|
If a vehicle is forfeited under this section, the unit of government
that seized the vehicle shall sell vehicle and dispose of the proceeds
in the following order of priority:
| |
|
(a)
|
Pay any outstanding security interest of a secured party who
did not have prior knowledge of or consent to the commission of the
violation.
| |
|
(b)
|
Pay the equity interest of a co-owner who did not have prior
knowledge of or consent to the commission of the violation.
| |
|
(c)
|
Satisfy any order of restitution entered in the prosecution
for the violation.
| |
|
(d)
|
Pay the claim of each person who shows that he or she is a victim
of the violation to the extent that the claim is not covered by an
order of restitution.
| |
|
(e)
|
Pay any outstanding lien against the property that has been
imposed by a governmental unit.
| |
|
(f)
|
Pay the proper expenses of the proceedings for forfeiture and
sale, including, but not limited to, expenses incurred during the
seizure process and expenses for maintaining custody of the property,
advertising, and court costs.
| |
|
(g)
|
The balance remaining after the payment of items (a) through
(f) shall be distributed by the court having jurisdiction over the
forfeiture proceedings to the unit or units of government substantially
involved in effecting the forfeiture. 75% of the money received by
a unit of government under this subdivision shall be used to enhance
enforcement of the criminal laws and 25% of the money shall be used
to implement the Crime Victim's Rights Act, Act No. 87 of the Public
Acts of 1985, being Sections 780.751 to 780.834 of the Michigan Complied
Laws. A unit of government receiving money under this subdivision
shall report annually to the department of management and budget the
amount of money received under the subdivision that was used to enhance
enforcement of the criminal laws and the amount that was used to implement
the Crime Victim's Rights Act.
| |
|
(8)
|
The court may order the defendant to pay to a co-lessee any
liability determined under Subsection (6). The order may be enforced
in the same manner as a civil judgment.
| |
|
(9)
|
The return of a vehicle to the lessor under this section does
not affect or impair the lessor's rights or the defendant's obligations
under the lease.
| |
|
(10)
|
A person who knowingly conceals, sells, gives away, or otherwise
transfers or disposes of a vehicle with the intent to avoid forfeiture
or return of the vehicle to the lessor under this section is guilty
of a felony punishable by imprisonment for not more than four years
or a fine of not more than $2,000, or both.
| |
|
Sec. 5.16b. Transporting or possessing liquor within passenger
compartment.
| |
|
(1)
|
Possession of alcoholic liquor in passenger compartment. Except
as provided in Subsection (2), a person shall not transport or possess
alcoholic liquor in a container that is open or uncapped or upon which
the seal is broken within the passenger compartment of a vehicle upon
a highway or within the passenger compartment of a moving vehicle
in any place open to the general public or generally accessible to
motor vehicles, including an area designated for the parking of vehicles,
in this state.
|
|
(2)
|
Exception. A person may transport or possess alcoholic liquor
in a container that is open or uncapped or upon which the seal is
broken within the passenger compartment of a vehicle upon a highway
or other place open to the general public or generally accessible
to motor vehicles, including an area designated for the parking of
vehicles, in this state, if the vehicle does not have a trunk or compartment
separate from the passenger compartment, the container is enclosed
or encased and the container is not readily accessible to the occupants
of the vehicle.
|
|
(3)
|
Violation as misdemeanor. A person who violates this section
is guilty of a misdemeanor. A court shall not accept a plea of guilty
or nolo contendere for a violation of this section from a person charged
solely with a violation of Section 5.15(4).
|
|
(4)
|
Chartered vehicle exception. This section does not apply to
a passenger in a chartered vehicle authorized to operate by the state
department of transportation.
|
|
Sec. 5.16c. Consumption of liquor on highways or property
open to public; violation as a misdemeanor.
| |
|---|---|
|
(1)
|
Alcoholic liquor shall not be consumed on a highway, street,
or alley, or on any public or private property which is open to the
general public and which is not licensed to sell alcoholic liquor
for consumption on the premises.
|
|
(2)
|
A person who violates this section is guilty of a misdemeanor.
|
|
Sec. 5.62a. Driving while license suspended or revoked.
| ||
|
(1)
|
Generally. A person whose operator's or chauffeur's license
or registration certificate has been suspended or revoked and who
has been notified as provided in Section MCL 257.212 of the suspension
or revocation, whose application for license has been denied or who
has never applied for a license, shall not operate a motor vehicle
upon a highway or other place open to the general public or generally
accessible to motor vehicles, including an area designated for the
parking of motor vehicles, within the City.
| |
|
(2)
|
A person shall not knowingly permit a motor vehicle owned by
the person to be operated upon a highway or other place open to the
general public or generally accessible to motor vehicles, including
an area designated for the parking of vehicles, within this State
by a person whose license or registration certificate is suspended
or revoked, whose application for license had been denied, or who
has never applied for a license, except as permitted under this act.
| |
|
(3)
|
Except as otherwise provided in this section, a person who violates
Subsection (1) or (2) is guilty of a misdemeanor punishable as follows:
For the first violation, by imprisonment for not more than 93 days
or a fine of not more than $500, or both. Unless the vehicle was stolen
or used with the permission of a person who did not knowingly permit
an unlicensed driver to operate the vehicle, the registration plates
of the vehicle shall be canceled by the Secretary of State upon notification
by a peace officer.
| |
|
(4)
|
Before a person is arraigned before a district court magistrate
or judge on a charge of violating this section, the arresting officer
shall obtain the person's driving record from the Secretary of State
and shall furnish the record to the court the driving record of the
person may be obtained from the Secretary of State's computer information
network.
| |
|
(5)
|
This section does not apply to a person who operates a vehicle
solely for the purpose of protecting human life or property if the
life or property is endangered and summoning prompt aid is essential.
| |
|
(6)
|
A person whose vehicle group designation is suspended or revoked
and who has been notified as provided in Section MCL 257.212 of that
suspension or revocation, or whose application for a vehicle group
designation has been denied as provided in this act, or who has never
applied for a vehicle group designation and who operates a commercial
motor vehicle within this State, except as permitted under this act,
while any of those conditions exist, is guilty of a misdemeanor punishable,
except as otherwise provided in this section, by imprisonment for
not less than three days or more than 93 days or a fine of not more
than $100, or both.
| |
|
(7)
|
For purpose of this section, a person who never applied for
a license includes a person who applied for a license, was denied,
and never applied again.
| |
|
(8)
|
When a police officer detains the driver of a motor vehicle
for a violation of a law of this State or local ordinance for which
vehicle immobilization is required, the peace officer shall do all
of the following:
| |
|
(a)
|
Immediately confiscate the vehicle's registration plate and
destroy it.
| |
|
(b)
|
Issue a temporary vehicle registration plate for the vehicle
in the same form prescribed by the Secretary of State for temporary
registration plates issued under Section MCL 257.226(a) or (b).
| |
|
(c)
|
Place the temporary vehicle registration plate on the vehicle
in the manner required by the Secretary of State.
| |
|
(d)
|
Notify the Secretary of State through the law enforcement network
in a form prescribed by the Secretary of State that the registration
plate was confiscated and destroyed, and a temporary plate was issued.
| |
|
(9)
|
A temporary vehicle registration plate, issued under Section
(8), is valid until the charges against the person are dismissed,
the person pleads guilty or nolo contendere to those charges, or the
person is found guilty of or is acquitted of those charges.
| |
|
(10)
|
A court shall order a vehicle immobilized under Section MCL
257.904(d) by the use of any available technology approved by the
court that locks the ignition, wheels, or steering of the vehicle
or otherwise prevents any person from operating the vehicle or that
prevents the defendant from operating the vehicle. If a vehicle is
immobilized under this section, the court may order the vehicle stored
at a location and in a manner considered appropriate by the court.
The court may order the person convicted of violating Section MCL
257.625 or a suspension, revocation, or denial under Section MCL 257,904
to pay the cost of immobilizing and storing the vehicle.
| |
|
(11)
|
A vehicle subject to immobilization under this section may be
sold during the period of immobilization, but shall not be sold to
a person who is exempt from paying a use tax under Section 3(3)(a)
of the Use Tax Act, 1937 PA 94, MCL 205.93 without a court order.
| |
|
(12)
|
A defendant, who is prohibited from operating a motor vehicle
by vehicle immobilization, shall not purchase, lease, or otherwise
obtain a motor vehicle during this immobilization period.
| |
|
(13)
|
A person shall not remove, tamper with, or bypass or attempt
to remove, tamper with, or bypass a device that he or she knows or
has reason to know has been installed on a vehicle by court order
by vehicle immobilization or operate or attempt to operate a vehicle
that he or she knows or has reason to know has been ordered immobilized.
| |
|
(14)
|
A person who violates any of Section (11), (12), or (13) is
guilty of a misdemeanor punishable by imprisonment for not more than
93 days or a fine of not more than $100, or both.
| |
|
(15)
|
To the extent that a local ordinance regarding the storage or
removal of vehicles conflicts with an order of immobilization issued
by the court, the local ordinance is preempted.
| |
|
(16)
|
If a peace officer stops a vehicle that is being operated in
violation of an immobilization order, the vehicle shall be impounded
pending an order of a court of competent jurisdiction.
| |
|
(17)
|
The court shall require the defendant or a person, who provides
immobilization services to the court under this section, to certify
that a vehicle ordered immobilized by the court is immobilized as
required.
| |
|
Sec. 5.63b. Production of evidence of insurance.
| |
|
(1)
|
The owner or operator of a motor vehicle who operates or permits
its operation upon a street or other area open for travel to the public
shall produce, upon request of a police officer, evidence that the
vehicle is insured.
|
|
(2)
|
Every owner or operator of a motor vehicle who fails to produce
evidence when requested to do so or within 72 hours thereafter is
guilty of a civil infraction.
|
|
(3)
|
Every owner or operator of a motor vehicle who knowingly produces
false evidence of automobile insurance under this section is guilty
of a misdemeanor.
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Sec. 5.82. Mandatory child restraints.
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(1)
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Except as provided in this section, or as otherwise provided
by law, a rule promulgated pursuant to the administrative procedures
act of 1969, Act No. 306 of the Public Acts of Michigan of 1969 (MCL
24.201 et seq., MSA 3.560(101) et seq.), as amended, or federal regulation,
each driver transporting a child in a motor vehicle shall properly
secure each child in a child restraint system as follows:
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(a)
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Any child less than one year of age in a child restraint system
which meets the standards prescribed in 49 CFR 571.213, except as
provided in Subsection (6).
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(b)
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Any child one year of age or more but less than four years of
age, when transported in the front seat, in a child restraint system
which meets the standards prescribed in 49 CFR 571.213, except as
provided in Subsection (6).
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(c)
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Any child one year of age or more but less than four years of
age, when transported in the rear seat, in a child restraint system
which meets the standards prescribed in 49 CFR 571.213, unless the
child is secured by a safety belt provided in the motor vehicle, except
as provided in Subsection (6).
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(2)
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This section does not apply to any child being nursed.
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(3)
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This section does not apply if the motor vehicle being driven
is a bus, school bus, taxicab, moped, motorcycle, or other motor vehicle
not required to be equipped with safety belts under federal law or
regulations.
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(4)
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A person who violates this section is responsible for a civil
infraction.
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(5)
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Points shall not be assessed under Section 320a of the act (MCL
257.320a, MSA 9.2020(1)), as amended, for a violation of this section.
An abstract required under Section 732 of the act (MCL 257.732, MSA
9.2432), as amended, shall not be submitted to the secretary of state
regarding a violation of this section.
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(6)
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The secretary of state may exempt by rules promulgated pursuant
to Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201
et seq., MSA 3.560(101) et seq.), as amended, a class of children
from the requirements of this section, if the secretary of state determines
that the use of the child restraint system required under Subsection
(1) is impractical because of physical unfitness, a medical problem,
or body size. The secretary of state may specify alternate means of
protection for children exempted under this subsection.
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Sec. 5.83. Safety belt required; enforcement.
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(1)
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This section shall not apply to a driver or passenger of:
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(a)
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A motor vehicle manufactured before January 1, 1965.
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(b)
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A bus.
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(c)
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A motorcycle.
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(d)
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A moped.
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(e)
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A motor vehicle if the driver or passenger possesses a written
verification from a physician that the driver or passenger is unable
to wear a safety belt for physical or medical reasons.
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(f)
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A motor vehicle which is not required to be equipped with safety
belts under federal law.
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(g)
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A commercial or United States Postal Service vehicle which makes
frequent stops for the purpose of pickup or delivery of goods or services.
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(h)
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A motor vehicle operated by a rural carrier of the United States
Postal Service while serving his rural postal route.
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(2)
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This section shall not apply to a passenger of a school bus.
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(3)
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Each driver and front seat passenger of a motor vehicle operated
on a street or highway within the City shall wear a properly adjusted
and fastened safety belt, except that a child less than four years
of age shall be protected as required in Section 5.82.
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(4)
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Each driver of a motor vehicle transporting a child four years
of age or more but less than 16 years of age in a motor vehicle shall
secure the child in a properly adjusted and fastened safety belt.
If the motor vehicle is transporting more children than there are
safety belts available for use, all safety belts available in the
motor vehicle are being utilized in compliance with this section,
and the driver and all front seat passengers comply with Subsection
(3) of this section, then the driver of a motor vehicle transporting
a child four years of age or more but less than 16 years of age for
which there is not an available seat belt is in compliance with this
subsection if that child is seated in other than the front seat of
the motor vehicle. However, if that motor vehicle is a pickup truck
without an extended cab or jump seats, and all safety belts in the
front seat are being used, the driver may transport such a child in
the front seat without a safety belt.
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(5)
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Enforcement of this section by state or local law enforcement
agencies shall be accomplished only as a secondary action when a driver
of a motor vehicle has been detained for a suspected violation of
another section of this act.
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(6)
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Failure to wear a safety belt in violation of this section may
be considered evidence of negligence and may reduce the recovery for
damages arising out of the ownership, maintenance or operation of
a motor vehicle. However, such negligence shall not reduce the recovery
for damages by more than 5%.
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(7)
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A person who violates this section is responsible for a civil
infraction punishable by a civil fine of not more than $25.
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(8)
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Points shall not be assessed under Section 320a of the act (MCL
257.320a, MSA 9.2020(1)), as amended, for a violation of this section.
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Sec. 5.96. Unnecessary noise.
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No person shall, upon any of the public streets or alleys of
the City, or any other place open to the general traffic of the public
in the City including any areas designated for parking a motor vehicle,
start, turn, swerve or stop a motor vehicle in a manner tending to
cause the motor vehicle to skid, slide or spin its wheels, or make
unnecessary screeching noises or other unnecessary noises with a motor
vehicle.
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Sec. 5.97. School bus; signs; overtaking, meeting and
passing; mirror; evidence of violation; violation as civil infraction.
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(1)
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The driver of a vehicle overtaking or meeting a school bus which
has stopped and is displaying two alternately flashing red lights
located at the same level shall bring the vehicle to a full stop not
less than 20 feet from the school bus and shall not proceed until
the school bus resumes motion or the visual signals are no longer
actuated. At an intersection where traffic is controlled by an officer
or a traffic stop-and-go signal, a vehicle need not be brought to
a full stop before passing a stopped school bus, but may proceed past
the school bus at a speed not greater than is reasonable and proper
but not greater than 10 miles an hour and with due caution for the
safety of passengers being received or discharged from the school
bus. The driver of a vehicle who fails to stop for a school bus, as
required by this subsection, who passes a school bus in violation
of this subsection, is responsible for a civil infraction.
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(2)
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The driver of a vehicle upon a highway which has been divided
into two roadways by leaving an intervening space, or by a physical
barrier, or clearly indicated dividing sections, so constructed as
to impede vehicular traffic, need not stop upon meeting a school bus
which has stopped across the dividing space, barrier or section.
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(3)
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In a proceeding for a violation of Subsection (1), proof that
the particular vehicle described in the citation was in violation
of Subsection (1), together with proof that the defendant named in
the citation was, at the time of the violation, the registered owner
of the vehicle shall constitute in evidence a presumption that the
registered owner of the vehicle was the driver of the vehicle at the
time of the violation.
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(4)
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In addition to the civil fine and costs provided for a civil
infraction under section 907, the judge, district court referee or
district court magistrate may order a person who violates this section
to perform not to exceed 100 hours of community service at a school.
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Sec. 5.97a. Driving on closed street.
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No person shall drive or operate a motor vehicle upon, over
or across any public street which has been closed to public travel
by a barricade and no person shall take down, remove or set aside
any barricade, or drive around, over or through any barricade which
may be placed upon the street by the public officers or employees
of the City.
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Sec. 5.98. Exhibition driving.
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It shall be unlawful for any person to engage in exhibition
driving of a motor vehicle on any street, alley or road, or in any
park or public place, or on any private grounds without the written
permission of the owner thereof, within the City.
For the purpose of this section, any one or more of the following
shall constitute exhibition driving:
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(a)
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Drag racing, i.e., operating one or two or more motor vehicles
by fast acceleration thereof, in an attempt to compete with the other
vehicle.
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(b)
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Racing, i.e., operating a motor vehicle alone or in company
with other motor vehicle or vehicles in an attempt to compete with
other motor vehicles over a given course or an allotted time limit.
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(c)
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Sudden rapid acceleration for the purpose of test, contest or
exhibition other than necessary to avoid other traffic which is not
in contest with the driver.
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(d)
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Squalling, peeling or burning tires, i.e., racing the motor
and spinning the wheels on pavement, thereby causing a noise from
the tires so spinning.
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(e)
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Fish tailing, i.e., spinning the tires, causing the back of
the car to sway from side to side.
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(f)
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Playing chicken, i.e., two motor vehicles racing towards each
other in an attempt to see which driver chickens out first and turns
his motor vehicle to avoid a head-on collision.
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(g)
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Engaging in a game, i.e., using a motor vehicle in a dangerous
manner in the course of any other game or contest.
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(h)
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Show-off driving, i.e., any other dangerous intentional operation
of a motor vehicle which would tend to attract the attention of the
public, whether there were people present or not and whether or not
there was other traffic, either pedestrian or motor traffic, or any
other kind of traffic present.
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Sec. 5.99. Prohibited parking on City streets, rights-of-way
and other public areas at specified times; exceptions.
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(1)
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On curbed City streets. There shall be no parking of motor vehicles
on any curbed streets within the City between the hours of 2:00 a.m.
until 6:00 a.m. of any day of the week.
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(2)
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On city-maintained City street right-of-way areas of noncurbed
streets. There shall be no parking of motor vehicles on any city-maintained
City street right-of-way areas adjacent to noncurbed streets within
the City between the hours of 2:00 a.m. until 6:00 a.m. of any day
of the week.
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(3)
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Permitted parking exceptions. Notwithstanding the prohibitions
set forth in Subsections (1) and (2) hereof, motor vehicle parking,
subject to specific posted regulations regulating specific parking
areas and spaces, is permitted at any time of any day, as follows:
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(a)
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In the downtown business/commercial areas in the City in front
of and adjacent to business establishments which function for and
are open to all-night business activities and operations.
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(b)
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In downtown public parking lots and areas.
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(4)
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Prohibition against parking during a snow emergency. To facilitate
snow removal procedures, there shall be no parking of motor vehicles
on any City street, alley, City right-of-way or public parking lots
and areas during that period of time declared by the superintendent
of public works of the City as a snow emergency.
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(5)
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Penalties. Violation of any of the provisions of this section
shall be construed as a civil infraction and upon adjudication of
responsibility, shall subject the violator to a monetary fine not
to exceed $100.
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Sec. 8.10. Parking prohibited in specified places.
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(1)
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A vehicle shall not be parked, except if necessary to avoid
conflict with other traffic or in compliance with the law or the directions
of a police officer or traffic control device, in any of the following
places:
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(a)
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On a sidewalk.
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(b)
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In front of a public or private driveway.
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(c)
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Within an intersection.
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(d)
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Within 15 feet of fire hydrant, unless the fire hydrant is located
in front of residential property and the road frontage of the property
does not allow for space of 15 feet between the fire hydrant and a
vehicle parking as near as possible to a property line. In such a
case the owner of the residential property, and those authorized by
the owner, shall be permitted to park within 15 feet of the fire hydrant,
provided the vehicle is parked as near as possible to a property line.
In no event shall any person park his vehicle in such a way that any
portion of the vehicle is directly in front of the fire hydrant.
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(e)
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On a crosswalk.
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(f)
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Within 20 feet of a crosswalk or if there is not a crosswalk,
then within 15 feet of the intersection of property lines at an intersection
of highways.
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(g)
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Within 30 feet of the approach to a flashing beacon, stop sign
or traffic control signal located at the side of a highway.
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(h)
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Between a safety zone and the adjacent curb or within 30 feet
of a point on the curb immediately opposite the end of a safety zone,
unless a different length is indicated by an official sign or marking.
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(i)
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Within 50 feet of the nearest rail of a railroad crossing.
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(j)
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Within 20 feet of the driveway entrance to a fire station and
on the side of a street opposite the entrance to a fire station within
75 feet of the entrance, if properly marked by an official sign.
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(k)
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Alongside or opposite a street excavation or obstruction, if
the stopping, standing or parking would obstruct traffic.
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(l)
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On the roadway side of a vehicle stopped or parked at the edge
or curb of a street.
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(m)
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Upon a bridge or other elevated highway structure or within
a highway tunnel.
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(n)
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At a place where an official sign prohibits stopping or parking.
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(o)
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Within 200 feet of an accident at which a police officer is
in attendance.
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(p)
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In front of a theater.
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(q)
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In a place or in a manner which blocks immediate egress from
an emergency exit conspicuously marked as an emergency exit of a building.
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(r)
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In a place or in a manner which blocks or hampers the immediate
use of an immediate egress from a fire escape, conspicuously marked
as a fire escape, providing an emergency means of egress from a building.
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(s)
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In a parking space clearly identified by an official sign as
being reserved for use by handicappers which is on public property
or private property available for public use, unless the person is
a handicapper as described in Section 1.012b of this code or unless
the person is parking the vehicle for the benefit of a handicapper.
In order for the vehicle to be parked in the parking space the vehicle
shall display one of the following:
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(i)
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A certificate of identification or windshield placard issued
under Section 675 of the act (MCL 257.675, MSA 9.2375) to a handicapper.
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(ii)
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A special registration plate issued under Section 803d of the
act (MCL 257.803d) to a handicapper.
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(iii)
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A similar certificate of identification or windshield placard
issued by another state to a handicapper.
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(iv)
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A similar special registration plate issued by another state
to a handicapper.
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(v)
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A special registration plate to which a handicapper tab is attached
issued under the act.
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(t)
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Within 500 feet of a fire at which fire apparatus is in attendance
when the scene of the fire lies outside a City or village. However,
volunteer firefighters responding to the fire may park within 500
feet in a manner that does not interfere with fire apparatus at the
scene. Vehicles legally parked before the fire shall be exempt from
this subdivision.
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(u)
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In violation of an official sign restricting the period of time
for or manner of parking.
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(v)
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In a space controlled or regulated by a meter on a public highway
or in a publicly owned parking area or structure, if the allowable
time for parking indicated on the meter has expired.
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(w)
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On a street in such a way as to obstruct the delivery of mail
to a rural mailbox by a carrier of the United States Postal Service.
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(x)
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In a place or manner which blocks the use of an alley.
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(y)
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In the space or area between a public sidewalk and the curb
of a public street.
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(2)
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A person who violates this section is responsible for a civil
infraction.
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[Amended 4-7-2003 by Ord.
No. 03-01]
The penalties provided by the Uniform Traffic Code for Cities,
Townships, and Villages are adopted by reference.
