(A) A person who fails to answer a citation, or a notice to appear in court for a violation reportable to the Secretary of State under M.C.L.A. § 257.732 or an ordinance of the city substantially corresponding to a violation of state law reportable to the Secretary of State under M.C.L.A. § 257.732, or for any matter pending, or who fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both. A violation of this section or failure to answer a citation or notice to appear for a violation of section 33b(1) of former 1933 (Ex Sess) PA section 703(1) of the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, M.C.L.A. § 436.1703, or an ordinance of the city substantially corresponding to either of those sections shall not be considered a violation for any purpose under M.C.L.A. § 320a.
(B) Except as provided in division (C), 28 days or more after a person fails to answer a citation, or a notice to appear in court for a violation reportable to the Secretary of State under M.C.L.A. § 257.732 or an ordinance of the city substantially corresponding to a violation of a law of this state reportable to the Secretary of State under M.C.L.A. § 257.732, or for any matter pending, or fails to comply with an order or judgment of the court, including, but not limited to paying all fines, costs, fees and assessments, the court shall give notice by mail at the last known address of the person that if the person fails to appear or fails to comply with the order or judgment within 14 days after the notice is issued, the Secretary of State shall suspend the person's operator's or chauffeur's license. If the person fails to appear or fails to comply with the order or judgment within the 14-day period, the court shall, within 14 days, inform the Secretary of State, who shall immediately suspend the license of the person. The Secretary of State shall immediately notify the person of the suspension by regular mail at the person's last known address.
(C) If the person is charged with, or convicted of, a violation of M.C.L.A. § 257.625, or § 70.04 or a local ordinance substantially corresponding to the provisions of M.C.L.A. § 257.625 and the person fails to answer a citation or a notice to appear in court, or for any matter pending, or fails to comply with an order or judgment of the court, including but not limited to the paying of all fines, costs, fees and crime victim rights assessments, the court shall immediately give notice by first-class mail sent to the person's last known address that if the person fails to appear within seven days after the notice is issued, or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, within 14 days after the notice is issued, the Secretary of State shall suspend the person's operator's or chauffeur's license. If the person fails to appear within the seven-day period, or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, within the 14-day period, the court shall immediately inform the Secretary of State who shall immediately suspend the person's operator's or chauffeur's license and notify the person of the suspension by first-class mail sent to the person's last known address.
(D) If the person is charged with, or convicted of, a violation of section 33b(1) of former 1933 (Ex Sess) PA 8, section 703(1) of the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, M.C.L.A. §§ 436.1703, 624a, 624b, or an ordinance of the city substantially corresponding to those state law sections or fails comply with an order or judgment of the court issued pursuant to section 33b of former 1933 (Ex Sess) PA 8, section 703 of the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, M.C.L.A. §§ 436.1703, 624a, 624b, or an ordinance of the city substantially corresponding to those state law sections including, but not limited to, paying all fines and costs, within 14 days after the notice is issued, the Secretary of State shall suspend the person's operator's or chauffeur's license. If the order or judgment of the court, including, but not limited to, paying all fines and costs, within the 14-day period, the court shall immediately suspend the person's operator's or chauffeur's license and notify the person of the suspension by first-class mail sent to the person's last known address.
(E) A suspension imposed under division (B) or (C) remains in effect until both of the following occur:
(1) The Secretary of State is notified by each court in which the person failed to answer a citation or notice to appear or failed to pay a fine or cost that the person has answered that citation or notice to appear or paid that fine or cost.
(2) The person has paid to the court a $25 driver license clearance fee for each failure to answer a citation or failure to pay a fine or cost.
(F) The court shall not notify the Secretary of State, and the Secretary of State shall not suspend the person's license, if the person's fails to appear in response to a citation issued for, or fails to comply with an order or judgment involving one or more of the following infractions:
(1) The parking or standing of a vehicle.
(2) A pedestrian, passenger, or bicycle violation, other than a violation of section 33b (1) or (2) of former 1933 (Ex Sess) PA 8, section 703(1) or (2) of the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, M.C.L.A. §§ 436.1703, 624a or 624b, or a local ordinance substantially corresponding to section 33b(1) or (2) of former 1933 (Ex Sess) PA 8, section 703(1) or (2) of the Michigan Liquor Control Code of 1998, Public Act 58 of 1998, M.C.L.A. § 436.1703, or M.C.L.A. §§ 624a or 624b.
(G) The court may notify a person who has done either of the following, that if the person does not appear within ten days after the notice is issued, the court will inform the Secretary of State of the person's failure to appear:
(1) Failed to answer two or more parking violation notices or citations for violating this section substantially corresponding to the provisions of Public Act 73 of 1999, M.C.L.A. § 257.321a pertaining to parking for persons with disabilities.
(2) Failed to answer six or more parking violation notices or citations regarding illegal parking.
(H) The Secretary of State, upon being informed of the failure of a person to appear or comply as provided in division (G), shall not issue a license to the person or renew a license for the person until both of the following occur:
(1) The court informs the Secretary of State that the person has resolved all outstanding matters regarding the notices or citations.
(2) The person has paid to the court a $25 driver license clearance fee. If the court determines that the person is responsible for only one parking violation under division (G)(1) or less than six parking violations under division (G)(2) for which the person's license was not issued or renewed under this subsection, the court may waive payment of the fee.
(I) Not less than 28 days after a person fails to appear in response to a citation issued for, or fails to comply with an order or judgment involving, a state civil infraction described in chapter 88 of the
Revised Judicature Act of 1961, Public Act 236 of 1961, M.C.L.A. § 600.8801 through 600.8835, the court shall give notice by ordinary mail, addressed to the person's last known address, that if the person fails to appear or fails to comply with the order or judgment described in this division within 14 days after the notice is issued, the court will give to the Secretary of State notice of the failure. Upon receiving notice of that failure, the Secretary of State shall not issue or renew an operator's or chauffeur's license for the person until both of the following occur:
(1) The court informs the Secretary of State that the person has resolved all outstanding matters regarding each notice or citation.
(2) The person has paid to the court a $25 driver license clearance fee. If the court determines that the person is not responsible for any violation for which the person's license was not issued or renewed under this subsection, the court shall waive the fee.
(J) For purposes of divisions (E)(1), (H)(1), and (I)(1), the court shall give to the person a copy of the information being transmitted to the Secretary of State. Upon showing that copy, the person shall not be arrested or issued a citation for driving on a suspended license, on an expired license, or without a license on the basis of any matter resolved under divisions (E)(1), (H)(1), or (I)(1), even if the information being sent to the Secretary of State has not yet been received or recorded by the Department.
(K) Six dollars of each fee received under divisions (E)(2), (H)(2), or (I)(2) shall be transmitted by the court to the Secretary of State on a monthly basis. The funds received by the Secretary of State under this division shall be deposited in the state general fund and shall be used to defray the expenses of the Secretary of State in processing the suspension and reinstatement of driver licenses under this section.
(L) M.C.L.A. § 257.819 does not apply to a reinstatement fee collected for an operator's or chauffeur's license that is not issued or renewed under section 8827 of the Revised Judicature Act of 1961, Public Act 236 of 1961, M.C.L.A. § 600.8827.
(Ord. 99-021, passed 2-28-00) Penalty, see § 130.99