DISTRICT COURT UPDATE
Summons Article, February 2004
written by
Hon. M. Randall Jurrens 

The last session of the state legislature resulted in several changes to District Court practice:  (A) amendments of drinking / driving statutes, (B) mandatory assessment of a new “minimum state cost” upon conviction of any crime or civil infraction, (C) creation of new “driver responsibility fees” (as much as $2,000, to be assessed by the secretary of state upon conviction of specified offenses or upon accumulation of 7 points), and (D) changes in filing / motion fees.

Highlights of the new drunk driving legislation, effective 9-30-03, include,   

n                  OUIL, “operating under the influence of liquor”, becomes OWI, “operating while intoxicated” (which is not to be confused with the old OWI, operating while impaired) (MCL 257.625(1))

n                  the threshold for bodily alcohol content (BAC) (defining when a person in “under the influence”) has been reduced from .10 to .08

n                  a person with a BAC below .08 (or as a lesser included offense to OWI) may be guilty of “operating while visibly impaired” (OWVI), but without any BAC parameters defining it (MCL 257.625(3))

n                  statutory presumptions the trier of fact was previously permitted to draw (based on BAC) have been deleted, but “relation back” language has been added (MCL 257.625a(6)(a))

n                  license suspension resulting from violation of the “implied consent” provisions (i.e. refusal to take a chemical test, typically by Datamaster breathalyzer) was increased from 6 months to 1 year (suspension for a second refusal is increased from 1 to 2 years) (MCL 257.625f)

n                  there is now essentially “zero tolerance” for operating with the presence of drugs (OWPD), particularly schedule one drugs and cocaine (MCL 257.625(8))

 A matrix of the consequences of conviction of the various alcohol / drug driving is available on request.

Pursuant to MCL 257.732a, effective 10-01-03, the Secretary of State is assessing “driver responsibility fees” against drivers who accumulate 7 or more points and/or are convicted of certain crimes.  The affected crimes range from serious offenses (including OWI, manslaughter, negligent homicide, UDAA, fleeing and eluding) that result in assessment of $1,000 for two consecutive years, to moderate offenses (including OWVI, OWPD, DWLS and reckless driving) that mandate assessment of $500 x 2, to modest offenses (including no proof of insurance) that bring an assessment of $150 x 2, offending drivers can anticipate a letter from the Secretary of State requiring payment within 60 days (and their license is suspended until paid, together with a $125 reinstatement fee).  An entire list of the affected offenses and assessments is available on request.

Also, a new “state minimum cost” is being assessed on conviction of every misdemeanor and/or civil infraction (while the prior $9 judgment fee has been repealed).  Specifically, “serious” misdemeanors garner a $45 assessment (MCL 600.8381; 769.1j(1)(b)), unspecified misdemeanors carry a $40 assessment (MCL 600.8381; 769.1j(1)(c)), traffic civil infractions bring a $40 assessment (MCL 257.907(14)), and municipal civil infractions result in a $10 assessment.

Finally, the cost of doing business in District Court has been further increased by new filing fees ($25 - $150, based on amount of claim) and motion fees ($20 on all civil matters, including small claims and landlord-tenant) (MCL 600.8371, 600.5756, and 600.8420; MCR 2.119).

Happy New Year!