Could I get a hardship license to operate my business?
Full Question:
I have not had a drivers license in Michigan since 1984. Yes, I have been driving. My license have been revoked so I need a hardship license if at all possible. I have never been able to get a restricted license to go to and from work. I have had employees drive but most did not show up so I have driven and gotten caught. I need a license to operate my sales business. I am self employed. I have had driving while license suspended tickets and driving while license suspended II offense tickets just a few days ago. Again, an employee to drive was a no show so I had to drive. A lady hit my truck. Since I do not have a license, I got the ticket for driving while license suspended and not yielding to traffic. She actually hit me; but without a license, I could not argue. My vehicle was impounded and I received jail tickets; which is a problem. My license were revoked till 2015 or 2021 or longer. Could I get a hardship license to operate my business?
04/04/2009 |
Category: Drivers Lice... ยป Drivers Hard... |
State: Michigan |
#15879
Answer:
Please see the Michigan statute below to determine applicability:
Sec. 319.
(1) The secretary of state shall immediately suspend a person's license
as provided in this section upon receiving a record of the person's
conviction for a crime described in this section, whether the conviction
is under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state.
(2) The secretary of state shall suspend the person's license for
1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to motor
vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code, 1931 PA 328,
MCL 750.413.
(c) A violation of section 1 of former 1931 PA 214, MCL 752.191,
or section 626c.
(d) A felony in which a motor vehicle was used. As used in this
section, "felony in which a motor vehicle was used" means a felony during
the commission of which the person convicted operated a motor vehicle and
while operating the vehicle presented real or potential harm to persons
or property and 1 or more of the following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328,
MCL 750.479a.
(3) The secretary of state shall suspend the person's license for
90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an accident
resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section 626,
or section 653a(3).te>(c) Malicious destruction resulting from the operation of a vehicle
under section 382(1)(b), (c), or (d) of the Michigan penal code,
1931 PA 328, MCL 750.382.(d) A violation of section 703(2) of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license for 30
days for malicious destruction resulting from the operation of a vehicle
under section 382(1)(a) of the Michigan penal code, 1931 PA 328, MCL
750.382.(5) For perjury or making a false certification to the secretary of
state under any law requiring the registration of a motor vehicle or
regulating the operation of a vehicle on a highway, or for conduct
prohibited under section 324(1) or a local ordinance substantially
corresponding to section 324(1), the secretary shall suspend the person's
license as follows:
(a) If the person has no prior conviction for an offense described
in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an offense
described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense within
7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that offense
within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1703, the secretary of state shall suspend the person's license as
follows:
(a) If the person has 1 prior conviction for an offense described in
this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, for 90
days. The secretary of state may issue the person a restricted license
after the first 30 days of suspension.(b) If the person has 2 or more prior convictions for an offense
described in this subsection or section 33b(1) of former 1933 (Ex Sess)
PA 8, for 1 year. The secretary of state may issue the person a
restricted license after the first 60 days of suspension.
(8) The secretary of state shall suspend the person's license for
a violation of section 625 or 625m as follows:
(a) For 180 days for a violation of section 625(1) or (8) if the person
has no prior convictions within 7 years. The secretary of state may issue
the person a restricted license during a specified portion of the
suspension, except that the secretary of state shall not issue a
restricted license during the first 30 days of suspension.
(b) For 90 days for a violation of section 625(3) if the person has no
prior convictions within 7 years. However, if the person is convicted of a
violation of section 625(3), for operating a vehicle when, due to the
consumption of a controlled substance or a combination of alcoholic
liquor and a controlled substance, the person's ability to operate the
vehicle was visibly impaired, the secretary of state shall suspend the
person's license under this subdivision for 180 days. The secretary of
state may issue the person a restricted license during all or a specified
portion of the suspension.
(c) For 30 days for a violation of section 625(6) if the person has no
prior convictions within 7 years. The secretary of state may issue the
person a restricted license during all or a specified portion of the
suspension.
(d) For 90 days for a violation of section 625(6) if the person
has 1 or more prior convictions for that offense within 7 years.
(e) For 180 days for a violation of section 625(7) if the person has no
prior convictions within 7 years. The secretary of state may issue the
person a restricted license after the first 90 days of suspension.(f) For 90 days for a violation of section 625m if the person has no
prior convictions within 7 years. The secretary of state may issue the
person a restricted license during all or a specified portion of the
suspension.(9) For a violation of section 367c of the Michigan penal code,
1931 PA 328, MCL 750.367c, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for an offense described
in this subsection within 7 years, for 6 months.(b) If the person has 1 or more convictions for an offense described in
this subsection within 7 years, for 1 year.(10) For a violation of section 315(4), the secretary of state may
suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2) of the
Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school, the
secretary of state shall suspend the license of a person 14 years of age
or over but less than 21 years of age until 3 years after the date of the
conviction or juvenile disposition for the violation. The secretary of
state may issue the person a restricted license after the first 365 days
of suspension.
(12) Except as provided in subsection (14), a suspension under
this section shall be imposed notwithstanding a court order unless
the court order complies with section 323.
(13) If the secretary of state receives records of more than 1
conviction of a person resulting from the same incident, a suspension
shall be imposed only for the violation to which the longest period of
suspension applies under this section.
(14) The secretary of state may waive a restriction, suspension, or
revocation of a person's license imposed under this act if the person
submits proof that a court in another state revoked, suspended, or
restricted his or her license for a period equal to or greater than the
period of a restriction, suspension, or revocation prescribed under this
act for the violation and that the revocation, suspension, or restriction
was served for the violation, or may grant a restricted license.
(15) The secretary of state shall not issue a restricted license
to a person whose license is suspended under this section unless a
restricted license is authorized under this section and the person
is otherwise eligible for a license.
(16) The secretary of state shall not issue a restricted license
to a person under subsection (8) that would permit the person to
operate a commercial motor vehicle.(17) A restricted license issued under this section shall permit the
person to whom it is issued to take any driving skills test required by
the secretary of state and to drive under 1 or more of the following
circumstances:(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as ordered
by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is enrolled as
a student.
(vii) A place of regularly occurring medical treatment for a serious
condition for the person or a member of the person's household or
immediate family.
(18) While driving with a restricted license, the person shall carry
proof of his or her destination and the hours of any employment, class, or
other reason for traveling and shall display that proof upon a peace
officer's request.
(19) Subject to subsection (21), as used in subsection (8), "prior
conviction" means a conviction for any of the following, whether under a
law of this state, a local ordinance substantially corresponding to a law
of this state, or a law of another state substantially corresponding to a
law of this state:
(a) Except as provided in subsection (20), a violation or attempted
violation of any of the following:(i) Section 625, except a violation of section 625(2), or a violation
of any prior enactment of section 625 in which the defendant operated a
vehicle while under the influence of intoxicating or alcoholic liquor or
a controlled substance, or a combination of intoxicating or alcoholic
liquor and a controlled substance, or while visibly impaired, or with an
unlawful bodily alcohol content.
(ii) Section 625m.(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from the
operation of a vehicle or an attempt to commit any of those crimes.
(20) Except for purposes of the suspensions described in
subsection (8)(c) and (d), only 1 violation or attempted violation of
section 625(6), a local ordinance substantially corresponding to
section 625(6), or a law of another state substantially corresponding to
section 625(6) may be used as a prior conviction.
(21) If 2 or more convictions described in subsection (19) are
convictions for violations arising out of the same transaction, only 1
conviction shall be used to determine whether the person has a prior
conviction.257.317 Suspension or revocation of right of nonresident to operate
vehicle in state; driving while privilege suspended, revoked, or denied;
forwarding certified copy of record; notification to other states.Sec. 317.
(1) The secretary of state may suspend, deny, or revoke the right of a
nonresident to operate a motor vehicle in this state for a cause for
which the license of a resident driver may be suspended, denied, or
revoked. A nonresident who drives a motor vehicle upon a highway when the
privilege to drive has been suspended, revoked, or denied by the secretary
of state is guilty of a misdemeanor punishable as provided in
section 904.
(2) The secretary of state, upon receiving a record of the conviction,
civil infraction determination, suspension, revocation, or forfeiture of
bail in this state of a nonresident of a violation the record of which is
required to be maintained under section 204a, shall forward a certified
copy of the record to the motor vehicle administrator or other
appropriate officer in the state in which the person is a resident.
(3) Beginning October 1, 2005, within 30 days after an appeal is
completed or the appeal period has expired if an appeal is not made in a
conviction, civil infraction determination, or bond forfeiture entered
against a nonresident in this state for a violation committed while
operating a commercial motor vehicle or any violation for a commercial
driver license holder regardless of vehicle type, except a parking
violation, the secretary of state shall notify the motor vehicle
administration or other appropriate officer of the state where the
nonresident is licensed of that conviction, determination, or
forfeiture. Beginning October 1, 2008, the secretary of state must give
notice under this subsection within 10 days after an appeal is completed
or the appeal period has expired if an appeal is not made.
(4) If the secretary of state suspends, revokes, cancels, or denies the
driving privileges of a nonresident for 60 days or more and that
nonresident is licensed by another state to operate a commercial motor
vehicle, the secretary of state shall, within 10 days after the effective
date of the suspension, revocation, cancellation, or denial, forward a
notification about that suspension, revocation, cancellation, or denial
to the motor vehicle administrator or other appropriate officer of the
state where the nonresident is licensed to operate a motor vehicle. A
notice given under this subsection must include both the denial, if any,
and the violation that caused the suspension, revocation, cancellation,
or denial of the nonresident's driving privileges.For further discussion, please see:
http://www.michigan.gov/sos/0,1607,7-127-1627_8665_9074-29754--,00.html
