Vehicle immobilization means the vehicle must use technology approved by the court that locks the ignition, wheels or steering wheel or otherwise prevents any person from operating the vehicle. The court may also order the vehicle to be stored at a particular location it considers appropriate during the period of immobilization.
When someone is convicted of an offense that mandates immobilization, it only applies if the vehicle being driven is owned or leased by the person convicted unless the person who owns or leases the vehicle knew that the vehicle was being driven in violation of the law for which the driver was convicted.
A defendant who is prohibited from operating a vehicle by an immobilization order shall not purchase or lease another vehicle or otherwise obtain a vehicle during the period of immobilization. Doing so is a misdemeanor offense and may result in a probation violation. For instance, if a person was convicted of drunk driving second offense and his vehicle was ordered immobilized for six months he may sell his car but he may not buy or otherwise obtain another to drive. Doing so is a misdemeanor that may land him in jail for a probation violation.
A court may order immobilization under Michigan vehicle immobilization laws for up to six months for the following offenses with zero prior convictions
If the defendant has a prior conviction for any of the above offenses within the past seven years, the court mustorder immobilization for a period between 90 and 180 days.
A person who’s only permitted to drive a motor vehicle equipped with an ignition interlock device and is convicted of any offense related to driving a vehicle that’s not so equipped that vehicle must be immobilized for a period between 90 and 180 days. There doesn’t have to be a conviction for driving in violation of a restricted license to immobilize when driving without the ignition interlock.
Immobilization of vehicles used when the operator’s license is suspended is ordered as follows:
If a person receives a ticket that’s reported to their driving record during a period of suspension, they’ll receive an additional period of suspension and if this has happened two to three times within seven years prior, the court must immobilize the vehicle for a period between 90 and 180 days. If it happened four or more times within the prior seven years the court must immobilize the vehicle for a period between one and three years.
Lastly, when a vehicle has been immobilized the vehicle’s registration discloses the order, therefore a police officer will know a vehicle is subject to immobilization if he checks the vehicle registration; which will happen every time he pulls a vehicle over and can form the legal basis of a stop if the officer discovers the vehicle is being driven in violation of an immobilization order.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.
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