Ticket for expired license

[soldierathome2]

What is the name of your state (only U.S. law)? Michigan

After leaving a large party late at night the police had a checkpoint set up. I had not been drinking, but one of my passengers (the owner of the truck) had been drinking too much. He asked for license, registration, and insurance. I gave him my license (expired), discharge papers (2 weeks old), and CPL (current) which I had together in my wallet, told them that I was not carrying, and said that we could look for the registration and insurance papers since it was my friends vehicle. He immediately returned the discharge papers and carried my license and CPL to a police car. When he came back, he gave back my license and CPL and asked where I was driving to and I told him two blocks away. He asked if that was where I lived and I told him no, it was just where I was staying until I moved into my apartment in two days. He walked away, then came back a couple minutes later and told me he wasn't going to give me a ticket for having 4 in the front seat (true) or for having the wrong address (false - my residence was still my parents), but that he was giving me a ticket for having an expired license. I told him that I had just come back into the state and had been told that I was allowed to drive with the expired license since I was recently discharged and that I showed my papers. He said to be glad he wasn't giving me more tickets and was letting me go.

How do I fight this? I am now moved into the next county and have renewed my license.

 

[justalayman]

I don't have the statute offhand but this is from www.michigan.gov/documents/SOS_WEDMK_1_Michigan_Drivers_License_Information_158263_7.pdf

Military Personnel and Dependents: If your Michigan
driver’s license expires while you are on active duty in the U.S.
military, it remains valid until 30 days from the date of your next
leave, or until 30 days after your discharge, whichever comes
first. Military personnel driving on an expired license should
carry their active duty identification card, leave, or discharge
papers.
If you are on duty out of state, you may renew your driver’s
license using out-of-state renewal by mail procedures.
Michigan residents in the military who are stationed in
Michigan must renew their driver’s license using the same
procedures in-state drivers follow. The driver’s license of a
military dependent is not granted the extension allowed for
military personnel. However, a dependent’s license may be
renewed by mail if it was not renewed by mail the last time.
A late fee is not collected when military personnel stationed
out of state on active duty renew their Michigan operator’s
license. The expired operator’s licenses of civilians and military
dependents are subject to a late fee upon renewal.
A late fee is not collected when military personnel stationed
out of state on active duty renew their Michigan operator’s
license. The expired operator’s licenses of civilians and military
dependents are subject to a late fee upon renewal.

If you have not had leave since it expired, you should be good to go. I'll see if I can find the statute supporting that statement.

 

[justalayman]

got it:



MCL 257.302(f)

The following persons are exempt from obtaining a license under this chapter:

(f) A person who is a discharged member of the armed forces of the United States, who on the date of his or her discharge possesses an operator's or chauffeur's license, valid except for the expiration date, for a period not to exceed 30 days from date of discharge.

and thanks for your service.

 

[HighwayMan]

How do I fight this? I am now moved into the next county and have renewed my license.

Maybe he needed a number and knew you could easily get the charge dismissed.

I do not support doing that, since according to statute the charge is invalid to begin with, but that may be why he wrote you. Either that or he didn't know, which happens more than you think.

 

[justalayman]

Either that or he didn't know, which happens more than you think.

I suspect it was this one. This is kind of an obscure exception in the law and unless he ran across it before, he probably just wasn't aware of it.

Seems like he might have asked the folks on the other end of the radio but if he thought the OP was simply full of BS, me may have feared looking like a dummy if he asked and just wrote the ticket.

 

[LdiJ]

I suspect it was this one. This is kind of an obscure exception in the law and unless he ran across it before, he probably just wasn't aware of it.

Seems like he might have asked the folks on the other end of the radio but if he thought the OP was simply full of BS, me may have feared looking like a dummy if he asked and just wrote the ticket.

He most likely should take a copy of the law to court with him however, as well as his discharge papers and his renewed license... since there is always a chance that the judge won't know either.

 

[HighwayMan]

He most likely should take a copy of the law to court with him...there is always a chance that the judge won't know either.

Absolutely.

Don't take it for granted the any judge will know every law. The same with the police.