(A) Motor Vehicle Code violations. Any violation of § 70.01 shall be punishable as prescribed by the Motor Vehicle Code as promulgated by the Director of the Department of State Police.
(Ord. 154A, passed 3-16-81)
(B) Driving under the influence.
(1) Generally. If a person is convicted of violating § 70.26, the following shall apply:
(a) If a person is convicted for violating § 70.26(A)(1), the person is guilty of a misdemeanor punishable by one or more of the following:
1. Community service for not more than 45 days.
2. Imprisonment for not more than 93 days.
3. A fine of not less than $100 or more than $500.
(b) A person who is convicted of violating § 70.26(A)(2) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100 or more than $500, or both.
(c) A person who is convicted of violating § 70.26(A)(3) is guilty of a misdemeanor punishable by one or more of the following:
1. Community service for not more than 45 days.
2. Imprisonment of not more than 93 days.
3. A fine of not more than $300.
(d) If a person is convicted of violating § 70.26(A)(4), all of the following apply:
1. Except as otherwise provided in division (B)(1)(d)2., the person is guilty of a misdemeanor punishable by one or more of the following:
a. Community service for not more than 45 days.
b. A fine of not more than $250.
2. If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or more of the following:
a. Community service for not more than 60 days.
b. A fine of not more than $500.
c. Imprisonment of not more than 93 days.
(e) 1. A person who violates § 70.26(A)(5) is guilty of a misdemeanor, punishable as follows:
a. Community service for mot more than 60 days.
b. A fine of not more than $500.
c. Imprisonment for not more than 93 days.
2. In the judgment of sentence under this division, the court may, unless the vehicle is ordered forfeited under M.C.L.A. § 257.625b or its equivalent ordinance provision, order vehicle immobilization as provided in M.C.L.A. § 257.904d or its equivalent ordinance section.
(f) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the Code of Criminal Procedure, Public Act 175 of 1927, being M.C.L.A. §§ 760.1 to 776.22.
(g) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.
(h) If a person is charged with a violation of § 70.26 (A)(1), (3), or (5), or M.C.L.A. § 257.625 or its equivalent ordinance provision, the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating § 70.26(A)(4) in exchange for dismissal of the original charge. This division does not prohibit the court from dismissing the charge upon the prosecuting attorney's motion.
(i) Except as otherwise provided in division (A)(1)(k), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of § 70.26(A)(1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person with a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(j) Except as otherwise provided in division (A)(1)(k), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance in violation of § 70.26(A)(3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.
(k) A special verdict described in divisions (A)(1)(i) and (A)(1)(j) is not required if a jury is instructed to make a finding solely as to either of the following:
1. Whether the defendant was under the influence of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
2. Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance at the time of the violation.
(l) If a jury or court finds under division (A)(1)(i), (A)(1)(j), or (A)(1)(k) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance or a combination of a controlled substance and intoxicating liquor, the court shall do both of the following:
1. Report the finding to the Secretary of State.
2. On a form or forms prescribed by the State Court Administrator, forward to the Department of State Police a record that specifies the penalties imposed by the court, including any term of imprisonment, and any sanction imposed under M.C.L.A. § 257.625n or M.C.L.A. § 257.904d or their equivalent ordinance provisions.
(m) Except as otherwise provided by law, a record described in division (A)(1)(l)2. is a public record and the Department of State Police shall retain the information contained on that record for not less than seven years.
(n) In a prosecution for a violation of § 70.26(A)(4)(b), the defendant bears the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.
(2) Liability of owner. A person who is convicted of violating § 70.27 is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not less than $100 or more than $500, or both.
(3) Driving while impaired. If a person is convicted of violating § 70.28, the following shall apply:
(a) The person shall be subject to general penalty provision § 10.99.
(b) In addition to imposing the sanctions prescribed in division (B)(3)(a), the court may, pursuant to the code of criminal procedure, Public Act 175 of 1927, being M.S.A. §§ 28.841 through 28.1274, order the person to pay the costs of the prosecution.
(4) The court shall impose license sanctions pursuant to law.
(C) Driving while license suspended.
(1) A person who violates § 70.12(A)(1) or (2) is guilty of a misdemeanor punishable as follows: for a first violation, by imprisonment for not more than 93 days or a fine of not more than $500, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the Secretary of State upon notification by a peace officer.
(2) A person whose vehicle group designation is suspended or revoked and who has been notified as provided in M.C.L.A. § 257.212 or its equivalent ordinance provision of that suspension or revocation, or whose application for a vehicle group designation has been denied as provided in this act, or who has never applied for a vehicle group designation and who operates a commercial motor vehicle within this state, except as permitted under this act, while any of these conditions exist, is guilty of a misdemeanor punishable, except as otherwise provided in this section, by imprisonment for not less than 3 days or more than 93 days or a fine of not more than $100, or both.
(3) A person who violates § 70.12(C) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100, or both.
(Ord. 183, passed 1-20-92; Am. Ord. 247, passed 8-16-99)