2023 Michigan Compiled Laws › Chapter 257 - Motor Vehicles › Act 300 of 1949 - Michigan Vehicle Code (257.1 - 257.923) › 300-1949-III - Chapter III Operator's and Chauffeur's License (257.301...257.329) › Section 257.310d - Designation of License as Probationary for 3 Years; Suspension of License or Imposition of Probationary Terms and Conditions; Duration; Reexamination; Extension of Probationary Period; Failure to Appear for Reexamination; Notice; Additional Provisions.

257.310d Designation of license as probationary for 3 years; suspension of license or imposition of probationary terms and conditions; duration; reexamination; extension of probationary period; failure to appear for reexamination; notice; additional provisions.
Sec. 310d.
(1) A license issued under this act to a person not previously licensed in this or in another state shall be designated as probationary for 3 years after the date of issuance. During the first 12 months of probation, the license may be suspended or probationary terms and conditions may be imposed upon failure of the licensee to appear before a magistrate, as provided in this chapter, or upon conviction of the licensee or determination of the licensee's responsibility for a moving violation in this state. The period of suspension or the probationary terms and conditions shall not be for more than 12 months and shall be determined by the secretary of state.
(2) Upon completion of the first 12 months of probation, the secretary of state may require a licensee to be reexamined by the secretary of state if the licensee's driving record contains any of the following:
(a) A conviction or civil infraction determination for a moving violation that was assessed 4 or more points as provided in section 320a.
(b) Three convictions or 3 civil infraction determinations, or a combination of convictions and civil infraction determinations that equals 3, for moving violations.
(c) A total of 6 or more points as provided in section 320a.
(d) A conviction or civil infraction determination for a moving violation and an accident for which the official police report indicates the licensee had been drinking alcoholic liquor.
(e) A conviction or civil infraction determination for a moving violation and an accident for which the official police report indicates a moving violation on the part of the licensee.
(f) Three accidents for which the official police report indicates a moving violation on the part of the licensee.
(g) A suspension under section 625f.
(3) The probationary period shall be extended beyond 3 years and the secretary of state may reexamine a licensee as provided in subsection (2) if any of the following occur and are recorded on the licensee's driving record during the last 10 months of the probationary period:
(a) A moving violation resulting in a conviction or civil infraction determination.
(b) An accident for which the official police report indicates a moving violation on the part of the licensee.
(c) An accident for which the official police report indicates the licensee had been drinking alcoholic liquor.
(d) A license suspension for a reason other than a mental or physical disability.
(4) The probationary period shall be extended under subsection (3) until the licensee completes 10 consecutive months without a moving violation, accident, or suspension enumerated in subsection (3).
(5) Upon completion of a reexamination, the secretary of state may suspend or impose probationary terms and conditions on the license of a probationary licensee, except that a reexamination for subsection (2)(d), (e), or (f) shall not result in a license suspension or the imposition of probationary terms or conditions.
(6) For 24 months immediately after a licensee's probationary period, the secretary of state may require the licensee to be reexamined by the secretary of state if the licensee's driver record has a total of 9 or more points, as provided in section 320a, imposed in a period of 2 years and if the licensee's record contains 1 or more of the following:
(a) A conviction for 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) A violation or attempted violation of section 625m.
(iii) Former section 625b.
(iv) A local ordinance substantially corresponding to a conviction described in this subdivision.
(v) A law of another state substantially corresponding to a conviction described in this subdivision.
(b) A suspension of the licensee's license under section 625f.
(c) An accident for which the official police report indicates a moving violation on the part of the licensee.
(d) An accident for which the official police report indicates the licensee had been drinking alcoholic liquor.
(7) Upon completion of a reexamination under subsection (6), the secretary of state may suspend the license of the licensee, except that a reexamination for subsection (6)(c) or (d) shall not result in a license suspension or restriction.
(8) If a licensee fails to appear for a reexamination scheduled by the secretary of state under this section, the licensee's license may be suspended immediately and remain suspended until the licensee appears for a reexamination by the secretary of state. The secretary of state may restrict, suspend, or revoke a licensee's license based solely on his or her driving record.
(9) Notice of suspension, the imposition of probationary terms or conditions, or a reexamination required under this section shall be given by first-class mail to the last known address of the licensee. The notice shall provide that the suspension or imposition of probationary terms or conditions will be effective 14 days from the date of the notice, unless the probationary licensee requests a reexamination.
(10) For purposes of this section:
(a) Upon conviction for a moving violation, the date of the violation shall be used in determining whether the conviction occurred within the probationary period.
(b) Upon entry of a civil infraction determination for a moving violation, the date of the violation shall be used in determining whether the civil infraction determination occurred within the probationary period.
(c) Information of a reexamination shall not be placed on a driver's record unless the secretary of state suspends a license or imposes probationary terms and conditions.
(d) A suspension shall be considered part of a driving record from the date the suspension is imposed until the suspension is terminated.
(e) The date of the official police report shall be used in determining whether a licensee was driving a motor vehicle involved in an accident for which the official police report indicates a moving violation on the part of the licensee or indicates the licensee had been drinking alcoholic liquor.
History:
Add. 1978, Act 545, Eff. Oct. 1, 1979 ;-- Am. 1979, Act 66, Eff. Aug. 1, 1979 ;-- Am. 1982, Act 310, Eff. Mar. 30, 1983 ;-- Am. 1991, Act 99, Eff. Jan. 1, 1992 ;-- Am. 1998, Act 343, Eff. Oct. 1, 1999 ;-- Am. 1999, Act 73, Eff. Oct. 1, 1999 ;-- Am. 2003, Act 61, Eff. Sept. 30, 2003 ;-- Am. 2004, Act 62, Eff. May 3, 2004 ;-- Am. 2015, Act 11, Eff. July 8, 2015
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.”