DWLS 2nd Offense.

[Helpmepleas]

What is the name of your state: Michigan.

I live in Michigan and I've been having issues with keeping my license ever since Michigan instituted the Drivers Responsibility laws, which makes a driver found guilty of certain traffic offenses pay money to the state treasury, along with any fines the court hands out. Anyways my question is about the 7 year statutory limit in order for a second DWLS violation to be ruled a subsequent offense. . My first DWLS occurred on January 30, 2004, and my second occurred on October 17, 2011. The officer that wrote the ticket said that was 7 years between the two violations but it is actually 7 years and 9 months between the violations. I'm going to court to try to clear this old warrant, and I wanted to know if I had a chance of being charged with DWLS 1st offense instead by pointing out that the second offense was 9 months past the 7 years?

 

[FlyingRon]

You've lost me. What "old warrant?"

What makes you think the DWLS lookback is limited to seven years? The DUI statute specifically limites the lookback to seven years. The DWLS statute places no limit on it.

 

[Zigner]

Some folks would simply obey the law...just sayin'

 

[Helpmepleas]

You've lost me. What "old warrant?"

What makes you think the DWLS lookback is limited to seven years? The DUI statute specifically limites the lookback to seven years. The DWLS statute places no limit on it.

I have an old warrant for that 2011 DWLS and this is what I see about the 7 year limit online.

What are the penalties for driving on a suspended, revoked, or denied license?

First Offense:

93 days in jail
$500 in fines
Registration plates canceled
One year probation
Additional license suspension
$1,000 driver’s responsibility fees ($500/year for two consecutive years)
Second Offense:

One-year in jail
$1,000 in fines
Registration plates canceled
Two years probation
Additional license suspension
$1,000 driver’s responsibility fees ($500/year for two consecutive years)
A second offense is one that occurs within seven years of your first offense.

All subsequent offenses have the same penalty as the second offense except the vehicle immobilization period becomes longer.

 

[FlyingRon]

You're still losing me. You have an outstanding warrant or do you have a prior conviction. Generally, in order for previous offenses to count against you, you have to be CONVICTED before committing the new offense.

The big difference primarily is that the fine goes up on the second offense ($1000 rather than $500). However, both the first offense and the second offense are CRIMES and carry the possibililty of jail time. I'd recommend an attorney.

Again, I don't know where you copied that snippet from, but that's NOT how the statute reads. Ask your lawyer.

 

[Just Blue]

Px Hx.


This OP rude to the volunteers.