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

Elimination of Some Driver Responsibility Fees

Secretary of State
Ruth Johnson

October 1st, a new law, supported by the Michigan Secretary of State Ruth Johnson, took effect to eliminate some of the more "pesky" of the series of drivers' responsibility fees.

The new law eliminates drivers responsibility fees for the following tickets:

• Operating a vehicle with an expired license;
• Operating without a valid license;
• Having more than one license;
• Failure to surrender license from another state;
• Failure to maintain mandatory vehicle insurance;
• Failure to produce proof of insurance;
• Providing false evidence of insurance.

Some of these fees were required to be paid for two consecutive years at the rate of $150, while some of the transgressions on the above list cost $200 for two years.  If your ticket was issued after October 1st, there is no fee; if the ticket was pending prior to that date, the drivers' responsibility fees are still owed.

The more significant drivers' responsibility fees for the alcohol-related driving offenses are, of course, still in place.  These fees range from $500 to $1000 for two years.

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Posted in: driver responsibility,drunk driving,Ruth Johnson,Secretary of State

Michigan Court of Appeals Rules State Clerk Must Testify in DWLS Cases

In a 2-1 decision, the Michigan Court of Appeals recently ruled that a certificate mailed to a state driver, notifying him of his suspended license, is "testimonial" as that term is used in the constitution thus, the Secretary of State must produce it's clerk at a trial for driving on a suspended license.

The case, People v Nunley, arose in a district court in Washtenaw County.  The prosecutor attempted to introduce notice of the defendant's suspension, without calling a clerk from the Secretary of State's office to lay the proper foundation for the entry of that key document.

Both the district court and the circuit court denied the prosecutor's request to admit the document of suspension; a key element in any DWLS case.

The Court of Appeals panel reasoned that because the prosecutor must establish that the motorist received notice as an element of the crime, it held that introduction of the actual notice document, without producing the necessary foundational witness, violated the accused's right under the Sixth Amendment to the U.S. Constitution to confront and cross examine all witnesses.

In a well-reasoned 7-page dissent, Presiding Judge Henry Saad concluded that the notice was not "testimonial" under the analysis of seminal U.S. Supreme Court caselaw.  Judge Saad characterized the notice as merely "administrative" and emphasized that, when the notice was sent to Mr. Nunley, no crime had yet been committed [i.e. Nunley had yet to drive on his newly suspended license].  As such, the notice could not be testimonial in nature.

The result of this decision is that the prosecutor must now secure the appearance of the state clerk from Lansing in order to obtain a DWLS conviction.  Should the administrative costs of securing a conviction alter the analysis of the accused's constitutional right to confrontation of witnesses?  We think not.

The Washtenaw County Prosecutor has promised further appeal to the Michigan Supreme Court.

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Posted in: 6th Amendment,confrontation clause,driving while license suspended,DWLS,Henry Saad,Michigan Court of Appeals,People v Nunley,Secretary of State,Terry Nunley

Texting While Driving Soon Illegal in Michigan

Distracted driving takes lives.  Many adults have experienced that sick feeling of guilt and relief when you realize you've crossed over the center-line because you were checking your cell phone.

For most of us, we swerve back to our lane, hoping for the best and, statistically, you're fine; you continue to your meeting or appointment.  Others, however, are not so lucky.  Many injuries and deaths result as the incidents of distracted driving sweep over our state's roadways.

The cause is the now-ubiquitous cell phone and our seemingly insatiable need to "stay-in-touch" with everyone and everything at all times.  The electronic criminal lawyer posted on this subject last spring, speculating that it would not be long before the law catches up with our irresponsible habits.

The Michigan Senate has already passed the main legislation and Governor Granholm has indicated she plans to sign the legislation immediately into law.

The proposed fines are $100 for a first offense and $200 for a second offense.  The House of Representatives are now working-out how violations will be recorded by the Secretary of State on a driver's master driving record.

Stay tuned and put your cell phones down when you are driving.

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Posted in: cell phone,distracted driving,Governor Granholm,master driving record,Michigan House of Representative,Michigan Senate,Secretary of State