Octogenarian Denied Driving Privilege Goes Federal

Carl Hainer sans license.

By: Timothy P. Flynn

At age 85, Carl Hainer has not had a traffic citation in 70-years, i.e. his entire driving life.  That did not stop the Secretary of State from denying his recent renewal application on the mysterious grounds that Mr. Hainer was an unfit driver due to unspecified health reasons.

Well, apparently they messed with the wrong retired engineer.   The octogenarian from Grand Rapids is representing himself in a federal law suit he filed against the Secretary of State, presumably raising constitutional claims.

The Secretary of State has the authority to restrict or deny a driver's license based on the applicant's ability to safely operate their vehicle.  The SOS gets referrals for a driver's examination from many sources: police, family, guardians, medical care providers, concerned neighbors and even, as apparently in Hainer's case, SOS workers.

Michigan's motor vehicle code provides for a driver's re-examination whenever information comes to the SOS about that driver's ability to safely operate their vehicle.  The process balance the important liberty interest associated with the freedom to drive, and the public safety interest that all licensed drivers are capable of handling the multitude of conditions and situations that arise on a moment-by-moment basis on the road.

In Hainer's case, he claims he has been singled-out and discriminated against due to his age.  He asserts that it was all-bad from the moment he stepped into the SOS office to renew his license, and that he was treated rudely at the counter.  As for his overall health, he is puzzled as to why his license was pulled because the man is apparently in good health.

Unfortunately for Hainer, his law suit is misplaced to the extent that the State of Michigan has immunity in such matters.  It would have been better had Hainer hired a lawyer to appeal this administrative decision.

If you or a family member have experienced an adverse administrative decision affecting your driver's license, give our law firm a call for a free consultation.  We may be able to assist.

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Posted in: Carl Hainer,lawyer,Michigan Motor Vehicle Code,restricted driver's license,Secretary of State

Driving Under the Influence of Medical Marijuana

The Medical Marijuana Act provides medical pot users with certain immunities relative to their use of marijuana.  Even a medical marijuana patient, however, cannot "medicate" while driving a vehicle, raising the question: just how much pot legally can be in the patient-driver's system?

Earlier this week, the Michigan Supreme Court released a much-anticipated decision resolving a conflict in the Motor Vehicle Code and the Medical Marijuana Act here in Michigan.  In a unanimous per curiam opinion, issued without oral arguments, the Supreme Court held in People v Koon that a medical marijuana patient is legal to drive a vehicle, even with some THC in his blood.

Rodney Koon was charged under the "zero tolerance" provision of the Motor Vehicle Code which proscribes driving with any amount of a Schedule 1 drug in the driver's system.  Koon, a properly registered medical marijuana patient, was initially stopped for speeding in Grand Traverse County.

Both the district court and the Grand Traverse County Circuit Court agreed with Mr. Koon's lawyers that the MMA provided Koon with immunity from prosecution under the motor vehicle code's "zero tolerance" provision -case dismissed.  The Michigan Court of Appeals reversed that dismissal, reasoning that even under the MMA, driving under the influence of marijuana remains illegal, and concluding that any amount of marijuana found in a driver's system constitutes "under the influence".

The Supreme Court disagreed, holding that some proof that a driver is operating a vehicle while under the influence of marijuana is necessary; evidence of a miniscule amount of THC in that driver's blood-stream, without more, is not enough to strip that driver of the immunity from prosecution available under the MMA.

This decision essentially amounts to a "sliding-scale" for pot-card carrying drivers.  You had better be sure sufficient time has elapsed between toking-down, and getting behind the wheel. 

We here at the Law Blogger suggest that 15 or 20 minutes clearly is not sufficient to keep the rest of us safe from a pot patient's stoned driving.  But what about an hour or two? 

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Posted in: criminal defense lawyer,medical marijuana,Michigan Medical Marijuana Act,Michigan Motor Vehicle Code,Michigan Supreme Court,People v Koon,Rodney Koon

Urban Legends of the Michigan Motor Vehicle Code

The other day, our law partner, Peter Keenan, who prosecutes ordinances for Independence and Brandon Townships, was discussing Michigan's Motor Vehicle Code with the judges of the 52/2nd District Court here in Clarkston.  A question came-up among the judges that they wanted ordinance-prosecutor Keenan to answer: is it illegal to drive barefoot?

This led Mr. Keenan to unearth the following "urban legends" of our Motor Vehicle Code:

• Barefoot Driving.  There is nothing in Michigan's driving laws that prohibits driving without footwear.  In fact, a good argument could be made that a driver has even better control of the vehicle while driving barefoot.  I know that, from time-to-time, I have the occasion to drive barefoot.  It does feel like I have better control in moving between the brake and the gas pedal.  

• Riding in a Trailer.  Again, nothing in the Motor Vehicle Code proscribes someone from riding in a trailer being towed by a vehicle, regardless of the type of hitch.  Nor is two-way communication required between driver and rider, which is also part of this urban legend.  One issue that could arise, however, is if a child is in the trailer, a child seat would be required.

• Driving with Headphones.  The Motor Vehicle Code does not specifically prohibit the use of headphones or earbuds; even Dr. Dre's "Beats".  However, to the extent that it interferes with the driver's ability to process available auditory clues of certain situations, it could lead to a citation for careless, or even reckless driving, depending on the circumstances.

• "Suicide Knobs".  You know, those goofy attachments to your steering wheel, that supposedly help individuals with certain handicaps steer the vehicle.  When used at high speeds, these devices promote "drifting".  Nevertheless, they are not illegal.  In some instances, however, if the vehicle is used in construction or for hauling material, it may be an OSHA violation.

So some of the things that many folks believe are prohibited by law are, in fact, not covered by the specific provisions of the Motor Vehicle Code.  It bears keeping in mind, however, that in the case of a collision, the police investigators will always assess the circumstances [i.e. barefoot, earbuds, trailer] to make a base-line determination about whether the driver was in sufficient control of the vehicle.  

If not, then the driver can expect a ticket for careless driving, reckless driving, or other applicable code infractions.  So be sure to drive carefully out there...

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Posted in: barefoot driving,Brandon Township,Clarkston,Independence Township,Michigan Motor Vehicle Code,Peter Keenan,suicide knobs,urban legends

"First and Ten": New Teen Driving Law

The new driving law that takes effect Wednesday is known as "First and Ten".  Teens must stop adding (non-family) passengers under age-21 after the first one; and back in the driveway by ten o'clock pm.

The present curfew is midnight, without any passenger restrictions.  The Michigan State Police website has an excellent summary of the new restrictions.

The new law applies to all level 2, or "intermediate" drivers in Michigan's Graduated Driver Licensing (GDL) program.  These are drivers who are at least 16-years of age who have also completed their coursework and road test.

Statistics published by the Insurance Institute for Highway Safety provided the impetus for the new law.  These stats show that in 2008, more than 60% of all teen age passenger fatalities involve a teen age driver.  Also, teens are disproportionately responsible for all traffic fatalities: nearly 20% even though they make-up only 14% of America's driving population.

Driving is indeed a priviledge and central to our way of life.  Modern distractions such as cell phones, GPS devices, and sound systems all contribute toward shifting a drivers' focus from the road to the interior of the vehicle.  Add a few teen age friends and a teen driver and it's an accident waiting to happen.

The new teen driving law has been splashed on bill boards around Metro-Detroit to increase awareness among drivers; parents and teens alike.  

Violators of the new law will receive 2-points on their master driving record and will have their probationary driving period extended for up to a year.

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Posted in: First and Ten law,Graduated Driver Licensing,Institute for Highway Safety,lawyer,Michigan Motor Vehicle Code,Michigan State Police,teenage driver