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Michigan Legislature
Michigan Compiled Laws Complete Through PA 178 of 2019

Senate: Adjourned until Wednesday, January 22, 2020 10:00:00 AM


Michigan Legislature

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Section 257.320a

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949


257.320a Recording date of conviction, civil infraction determination, or probate court disposition and number of points; interview; violation committed in another state.

Sec. 320a.

  (1) Within 5 days after receipt of a properly prepared abstract from a court of this state or another state, the secretary of state shall record the date of conviction, civil infraction determination, or probate court disposition, and the number of points for each, based on the following formula, except as otherwise provided in this section and section 629c:
  
  (2) Points shall not be entered for a violation of section 310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or 723.
  (3) Points shall not be entered for bond forfeitures.
  (4) Points shall not be entered for overweight loads or for defective equipment.
  (5) If more than 1 conviction, civil infraction determination, or probate court disposition results from the same incident, points shall be entered only for the violation that receives the highest number of points under this section.
  (6) If a person has accumulated 9 points as provided in this section, the secretary of state may call the person in for an interview as to the person's driving ability and record after due notice as to time and place of the interview. If the person fails to appear as provided in this subsection, the secretary of state shall add 3 points to the person's record.
  (7) If a person violates a speed restriction established by an executive order issued during a state of energy emergency as provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state shall enter points for the violation under subsection (1).
  (8) The secretary of state shall enter 6 points upon the record of a person whose license is suspended or denied under section 625f. However, if a conviction, civil infraction determination, or probate court disposition results from the same incident, additional points for that offense shall not be entered.
  (9) If a Michigan driver commits a violation in another state that would be a civil infraction if committed in Michigan, and a conviction results solely because of the failure of the Michigan driver to appear in that state to contest the violation, upon receipt of the abstract of conviction by the secretary of state, the violation shall be noted on the driver's record, but no points shall be assessed against his or her driver's license.


History: Add. 1958, Act 180, Eff. Sept. 13, 1958 ;-- Am. 1960, Act 82, Eff. Aug. 17, 1960 ;-- Am. 1963, Act 34, Eff. Sept. 6, 1963 ;-- Am. 1965, Act 41, Imd. Eff. May 25, 1965 ;-- Am. 1965, Act 351, Imd. Eff. July 23, 1965 ;-- Am. 1968, Act 332, Eff. Jan. 1, 1969 ;-- Am. 1974, Act 28, Imd. Eff. Mar. 2, 1974 ;-- Am. 1975, Act 24, Imd. Eff. Apr. 15, 1975 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979 ;-- Am. 1980, Act 25, Eff. Mar. 31, 1981 ;-- Am. 1980, Act 518, Eff. Mar. 31, 1981 ;-- Am. 1981, Act 72, Imd. Eff. June 30, 1981 ;-- Am. 1981, Act 159, Eff. Mar. 31, 1981 ;-- Am. 1982, Act 310, Eff. Mar. 30, 1983 ;-- Am. 1982, Act 533, Eff. Mar. 30, 1983 ;-- Am. 1987, Act 154, Eff. Dec. 1, 1987 ;-- Am. 1991, Act 93, Eff. Jan. 1, 1992 ;-- Am. 1991, Act 94, Eff. Jan. 1, 1993 ;-- Am. 1994, Act 211, Eff. Nov. 1, 1994 ;-- Am. 1996, Act 387, Eff. Apr. 1, 1997 ;-- Am. 1996, Act 471, Eff. Apr. 1, 1997 ;-- Am. 1996, Act 493, Eff. Apr. 1, 1997 ;-- Am. 1998, Act 350, Eff. Oct. 1, 1999 ;-- Am. 1999, Act 21, Eff. Oct. 1, 2000 ;-- Am. 1999, Act 40, Imd. Eff. June 9, 1999 ;-- Am. 2000, Act 460, Eff. Mar. 28, 2001 ;-- Am. 2001, Act 103, Eff. Oct. 1, 2001 ;-- Am. 2002, Act 149, Eff. July 1, 2002 ;-- Am. 2003, Act 61, Eff. Sept. 30, 2003 ;-- Am. 2003, Act 315, Eff. Apr. 8, 2004 ;-- Am. 2004, Act 62, Imd. Eff. Apr. 13, 2004 ;-- Am. 2004, Act 362, Imd. Eff. Oct. 4, 2004 ;-- Am. 2004, Act 495, Imd. Eff. Dec. 29, 2004 ;-- Am. 2008, Act 463, Eff. Oct. 31, 2010 ;-- Am. 2010, Act 58, Eff. July 1, 2010 ;-- Am. 2011, Act 159, Imd. Eff. Sept. 30, 2011 ;-- Am. 2012, Act 592, Eff. Mar. 28, 2013 ;-- Am. 2016, Act 448, Eff. Jan. 5, 2018 ;-- Am. 2018, Act 349, Eff. Feb. 13, 2019
Compiler's Notes: Section 2 of Act 310 of 1982 provides: “All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or initiated before the effective date of this amendatory act, or initiated after the effective date of this amendatory act for an offense committed before that effective date.”In OAG 6480, issued November 23, 1987, the Attorney General stated: “It is my opinion, therefore, that 1987 PA 154, which fixes maximum speed limit on certain state highways, becomes effective November 29, 1987.”


© 2017 Legislative Council, State of Michigan

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