Driving While License Suspended in Michigan
Driving with a suspended license in Michigan is a serious misdemeanor charge. A first time offender for the charge of Driving While License Suspended faces a maximum jail term of up to 93 days and a maximum fine of up to $500 (plus court costs), and will put two points onto their driving record. In addition, there is $500 Driver Responsibility Fee for two consecutive years. According to the DWLS statute, MCL 257.904, a subsequent driving with a suspended license charge can result in up to a one year jail sentence.
(Related: Careless Driving)
There are a number of defenses to a driving while license suspended charge. The most common is that the Secretary of State did not provide you with notice that your license was suspended. Per MCL 257.212, notice of your driver license suspension shall be given either by personal delivery to the person to be notified or by first-class United States mail addressed to the person at the address shown by the record of the secretary of state.
(Related: Reckless Driving)
Proof of the notice being given in either manner may be made by the certificate of a person 18 years of age or older, naming the person to whom notice was given and specifying the time, place, and manner of the giving of notice.
In People v Patman, the Michigan Court of Appeals held that the prosecutor simply presenting a certified driving record was insufficient to prove notice of the suspension. As a result, the court’s now require that an employee from the secretary of state testify that the notice was given.
(Related: DUI First Offense)
We are driving with license suspended attorneys. If you have been charged with a civil infraction for driving with license suspended, contact us immediately. We help you take care of driving with license suspended tickets in addition to other traffic related violations.