Michigan

CASES
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  • Green v. Secretary of State, Not Reported in N.W.2d (2013)
    The Secretary of State appeals as of right the trial court's order restoring full driving privileges to Christopher Thomas Green. Affirmed.
  • People v. Hammoud, Not Reported in N.W.2d (2012)
    Defendant Kazem Hammoud appeals by leave granted the circuit court's order affirming his bench-trial conviction of operating a motor vehicle with a suspended license (DWLS) pursuant to a Dearborn City Ordinance that is substantively identical to MCL 257.904(1). The district court sentenced defendant to 24 months of probation with the first 30 days to be served in jail. Reversed and remanded for entry of an acquittal.
  • People v. Nunley, 491 Mich. 686 (2012)
    In prosecution for second-offense driving while license suspended (DWLS), the 15th District Court denied the prosecution's motion in limine to admit a certificate of mailing, as generated by Department of State (DOS), as proof that defendant received notice that his license was suspended. Interlocutory appeal was granted. The Circuit Court, Washtenaw County, affirmed district court's ruling that admission of certificate without testimony would violate Confrontation Clause. Prosecution's interlocutory application for leave to appeal was granted. The Court of Appeals affirmed. The Supreme Court granted leave to appeal. The Supreme Court held that certificate of mailing was not "testimonial" under Confrontation Clause, such that admission of certificate did not require accompanying witness testimony. Judgment of Court of Appeals reversed; case remanded to district court.
  • Taylor v. Secretary of State, 216 Mich.App. 333, 548 N.W.2d 710 (Mich. Ct. App. 1996)
    Statutes requiring applicants for group vehicle designations to have not suffered suspension or revocation of their driving privileges within 36 months preceding application and providing that circuit courts lacked jurisdiction to review denials of applications based on such ground constituted exercise of state's power to enhance safety, and concomitant life, health and welfare of public, in use of state's road system, and therefore retroactive application of such statutes did not violate constitutional prohibition against ex post facto laws.
  • MCL 257.732(21) Notwithstanding any other law of this state, a court shall not take under advisement an offense committed by a person while operating a commercial motor vehicle for which this act requires a conviction or civil infraction determination to be reported to the secretary of state. A conviction or civil infraction determination that is the subject of this subsection shall not be masked, delayed, diverted, suspended, or suppressed by a court.  Upon a conviction or civil infraction determination, the conviction or civil infraction determination shall immediately be reported to the secretary of state in accordance with this section.

     

    If the plea does not include a sentencing component, the court loses much discretion in not accepting the plea, see also:

    People v. Killebrew
    416 Mich. 189 (1982)
    330 N.W.2d 834

    **Note that the Killebrew decision predates the CMVSA Act of 1986, but is still good law.

 

STATUTES

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Other CDL Provisions