Full-Service Lawyers In Monroe, Serving Clients Throughout Michigan
Call Us Today

How Can Your Operator’s License Get Revoked In Michigan?

by | Feb 11, 2021 | Traffic Offenses |

 

The Michigan Secretary of State can suspend your driver’s license for a statutory period of time for convictions of certain crimes, failing to pay fines and costs in traffic matters or even failing to pay child support.  After the suspension period ends, the driver only needs to pay the reinstatement fee to get back on the road.  However, if the driver committed multiple violations of traffic law or serious crimes, then the state can fully revoke your license for many years.  It could be a long time before you can operate a vehicle on Michigan’s public roadways again.

“Upon receiving the appropriate records of conviction, the Michigan Secretary of State shall revoke the operator’s or chauffeur’s license of a person and deny issuance of an operator’s or chauffeur’s license to a person having any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of another state substantially corresponding to a law of this state, or, beginning October 31, 2010, a law of the United States substantially corresponding to a law of this state:

  • Two or more convictions of reckless driving (MCL 257.625) within 7 years. MCL 257.303(3)(a).
  • Two or more convictions of a felony in which a motor vehicle was used within 7 years. MCL 257.303(3)(b)(i).  “Felony in which a motor vehicle was used” means a felony during the commission of which the person operated a motor vehicle and while operating the vehicle presented real or potential harm to persons or property and 1 or more of the following circumstances existed:
    • The vehicle was used as an instrument of the felony. MCL 257.303(8)(a).
    • The vehicle was used to transport a victim of the felony. MCL 257.303(8)(b).
    • The vehicle was used to flee the scene of the felony. MCL 257.303(8)(c).
    • The vehicle was necessary for the commission of the felony. MCL 257.303(8)(d).
  • Two or more violations or attempted violations of moving violation in a work zone or school zone causing injury (MCL 257.601b(2)), moving violation in a work zone or school zone causing death (MCL 257.601b(3)), moving violation causing injury to person operating implement of husbandry on highway (MCL 257.601c(2)), moving violation causing death to person operating implement of husbandry on highway (MCL 257.601c(3)), second degree fleeing and eluding (MCL 257.602a(4)), first degree fleeing and eluding (MCL 257.602a(5)), leaving the scene of an accident causing serious impairment of a body function or death (MCL 257.617), fail to yield to emergency vehicle causing injury (MCL 257.653a(3)), fail to yield to emergency vehicle causing death (MCL 257.653a(4)), driving while license suspended or revoked causing death (MCL 257.904(4)) and driving while license suspended or revoked causing serious impairment of body function (MCL 257.904(5)). MCL 257.303(3)(b)(ii).
  • Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes. MCL 257.303(3)(b)(iii).
  • Two or more violations or attempted violations of second degree fleeing and eluding (MCL 750.479a(4)) and first degree fleeing and eluding (MCL 750.479a(5)) of the Michigan Penal Code. MCL 257.303(3)(b)(iv).
  • Any combination of 2 convictions within 7 years for any of the following or a combination of 1 conviction for a violation or attempted violation of minor under 21 operating with any bodily alcohol content (MCL 257.625(6)) and 1 conviction for any of the following within 7 years:
    • A violation or attempted violation of MCL 257.625 in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content. MCL 257.303(3)(c)(i).
    • Operating a commercial vehicle with blood alcohol content of 0.04 grams or more (MCL 257.625m). MCL 257.303(3)(c)(ii).
  • One or more convictions for a violation or attempted violation of failure to report change of address to secretary of state-second offense (MCL 257.315(5)), moving violation in a work zone or school zone causing death (MCL 257.601c(2)), second degree fleeing and eluding (MCL 257.602a(4)), first degree fleeing and eluding (MCL 257.602a(5)), leaving the scene of an accident causing serious impairment of a body function or death (MCL 257.617), operating while intoxicated causing death (MCL 257.625(4)), operating while intoxicated causing serious injury (MCL 257.625(5)), failure to give due care to stationary emergency vehicle causing death (MCL 257.653a(4)), driving while license suspended or revoked causing death (MCL 257.904(4)) and driving while license suspended or revoked causing serious impairment of body function (MCL 257.904(5)), reckless driving causing serious impairment of body function (MCL 257.626(3)) and reckless driving causing death (MCL 257.626(4)). MCL 257.303(3)(d).
  • One conviction of negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes. MCL 257.303(3)(e).
  • One conviction for a violation or attempted violation of second degree fleeing and eluding (MCL 750.479a(4)) and first degree fleeing and eluding (MCL 750.479a(5)) of the Michigan Penal Code. MCL 257.303(3)(f).
  • Any combination of 3 convictions within 10 years for any of the following or 1 conviction for a violation or attempted violation of minor under 21 operating with any bodily alcohol content (MCL 257.625(6)) and any combination of 2 convictions of any of the following within 10 years, if any of the convictions resulted from an arrest on or after January 1, 1992:
    • A violation or attempted violation of MCL 257.625 in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content. MCL 257.303(3)(g)(i).
    • Operating a commercial vehicle with blood alcohol content of 0.04 grams or more (MCL 257.625m). MCL 257.303(3)(g)(ii).

The Michigan Secretary of State shall not issue a license to a person whose license has been revoked until all of the following occur:

  • At least 1 year has passed since the license was revoked (or 5 years after the date of a subsequent revocation occurring within 7 years after the date of any prior revocation). MCL 257.303(4)(a).
  • For a revocation under MCL 257.303(2)(a), MCL 257.303(2)(b), MCL 257.303(2)(c) and MCL 257.303(g), the person rebuts by clear and convincing evidence the presumption resulting from the prima facie evidence that he or she is a habitual offender. The convictions that resulted in the revocation and denial constitute prima facie evidence that he or she is a habitual offender. MCL 257.303(4)(b).
  • The person meets the requirements of the department. MCL 257.303(4)(c).

If the revocation was NOT related to alcohol or drug use and the revocation period has ended, you can apply for and attend a Driver Assessment reexamination where you have to provide proof to the Michigan Secretary of State that the condition that caused your revocation is no longer present.  Depending on the reason for revocation, you may be required to submit evidence of sobriety, a physician’s statement of examination or even take a written, vision or on-the-road performance test.  If approved, you will be required to pay license and reinstatement fees.

If the revocation was related to alcohol or drug use or you were considered a habitual offender and the revocation period has ended, you must request a hearing with the Secretary of State administrative division to prove that you have obtained sobriety for a long period of time to drive.  You will have to provide a laboratory report, 12-panel urinalysis drug screen, at least three to six notarized letters from witnesses that can attest to your sobriety, other supporting evidence such as AA and NA meeting attendance sheets, and ignition interlock report if requesting removal of the device.  The hearing officer may issue a restricted license following a hearing, but must “require a properly installed and functioning ignition interlock device on each motor vehicle the person owns or intends to operate, the costs of which shall be borne by the person whose license is restricted.”  MCL 257.322(6).

A person who was denied the restoration of a revoked license by the Michigan Secretary of State can appeal to the circuit court within 63 days of the denial (or 182 days for good cause shown).  MCL 257.323(1).  In determining whether a petitioner is eligible for full or restricted driving privileges, the circuit court must determine the following:

  • That the petitioner’s substantial rights have been prejudiced by the Secretary of State because of one or more of these factors:
    • “In violation of the Constitution of the United States, the state constitution of 1963, or a statute.” MCL 257.323(4)(a)(i).
    • “In excess of the secretary of state’s statutory authority or jurisdiction.” MCL 257.323(4)(a)(ii).
    • “Made upon unlawful procedure resulting in material prejudice to the petitioner.” MCL 257.323(4)(a)(iii).
    • “Not supported by competent, material, and substantial evidence on the whole record.” MCL 257.323(4)(a)(iv).
    • “Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion.” MCL 257.323(4)(a)(v).
    • “Affected by other substantial and material error of law.” MCL 257.323(4)(a)(vi).
  • The revocation or denial occurred at least 1 year after the petitioner’s license was revoked or denied, or, if the petitioner’s license was previously revoked or denied within the 7 years preceding the most recent revocation or denial, at least 5 years after the most recent revocation or denial, whichever is later. MCL 257.323(4)(b)(ii)(A).
  • The court finds that the petitioner meets the department’s requirements under their rules. MCL 257.323(4)(b)(ii)(B).
  • If the revocation or denial was due to alcohol and drug use, the petitioner rebuts by clear and convincing evidence the presumption that he or she is a habitual offender, and establishes to the court’s satisfaction that he or she is likely to adhere to any requirements imposed by the court. MCL 257.323(4)(b)(ii)(C).

If the court finds that the petitioner is eligible for restricted driving privileges, the judge will issue an order requiring the installation of an ignition interlock device for at least 1 year and no-fault insurance is maintained on the vehicle.  MCL 257.323(5).  However, the Michigan Secretary of State can revoke the license again if the terms of the restricted license are violated, the ignition interlock device is tampered with or removed, or the driver commits another major violation such as a new drunk driving charge.

If your license is revoked in Michigan and you are seeking restoration, you can benefit from the assistance of an experienced attorney in your corner to guide you through the process.  If you attempt to obtain restoration on your own with an administrative hearing and are unsuccessful, then you will have to wait 12 months before you can try again.  A good lawyer in your corner can increase your chances of success on the first time and get you back on the road faster.

If you have any further questions or need legal representation, then do not hesitate to contact the experienced attorneys at Kershaw, Vititoe & Jedinak PLC for assistance today.

 

FindLaw Network

office