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Thomas J. Tomko and Associates, P.C.
Serving Michigan's Macomb, Oakland, St. Clair, and Wayne Counties For Over 15 Years

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Tickets That Cause Mandatory Suspensions

Your ticket may cause a mandatory license suspension. The Law Offices of THOMAS J. TOMKO and Associates, P.C., can often help. Call for your appointment at 586-795-8822 (Macomb or St. Clair), or 248-656-7722 (Oakland or Wayne), or request a Free E-Mail Case Analysis. Know the license action you face before you go to Court. Mandatory license suspensions which you may face can include many of the following:

Mandatory Secretary of State Suspensions - see the table below
Mandatory Drunk Driving Suspensions - see the table below

Mandatory Secretary of State Suspensions

Certain traffic offenses have mandatory driver license actions which take effect upon conviction and abstract to your record. Such action can be taken automatically by the Secretary of State. The Court has no discretion in these types of cases. The resulting suspension/revocation may include no hardship appeal, or you may be allowed to Petition the Circuit Court for a restricted license. Examples of various offenses which have mandatory Secretary of State Suspensions include the following:

Offense	Points	Mandatory License Action	Hardship Appeal
Reckless Driving	6	90 day suspension (For 1st Offense)	N
Reckless Driving	6	Admin Denied/Revoked (for 2nd w/7 yrs)	N
Flee & Elude 1st / 2nd	6	Revocation	N
Flee & Elude 1st / 2nd	6	(If 2nd w/7yrs - impose @ sentencing)	N
Flee & Elude 3rd / 4th	6	One Year Suspension	N
Flee & Elude 3rd / 4th	6	(If 2nd w/7yrs - impose @ sentencing)	N
Flee & Elude (prior to 6/1/97)	6	One yr suspension or revoke if 2nd w/7yrs	Y
Unlawfully Drive Away Auto (UDAA)	6	One Year Suspension	N
Unlawfully Drive Away Auto (UDAA)	6	(If 2nd w/7yrs - Revoke)	N
Fail To Stop & ID / PI Acc	6	90 day suspension	N
(Death/Serious Injury)		(One Year Suspension)	N
(Death/Serious Injury)		(If 2nd w/7yrs - Revoke)	N
Open Intoxicants in Vehicle	2	1st Offense - None	N
		2nd Offense w/7yrs - 30 susp/60 rest	N
		3rd Offense 60 susp/305 rest	N
Drive W/Lic Suspended (Financial Resp or other)	2	MCL 257.904(8)(9) (E.g. like term suspension)	Y
Drive w/Lic Suspended	2	30 days as appropriate	Y
Refuse To Take Breathalyzer	0	1st Offense - 6 months	Y
Refuse To Take Breathalyzer	0	2nd w/7yrs - 1 yr	N

Mandatory Drunk Driving Suspensions

Suspensions for Drinking and Driving Offenses are also mandatory. Your Court will have no discretion in imposing these sanctions, and there is no hardship appeal. A summary of the more common and some other drinking offenses, they are:

Offense	Points	License Suspension
OWI - Operating While Impaired	4	90 days restricted license
OUIL/UBAL/OUID	6	30 days NO LICENSE followed by 150 days restricted license
OWI Second Offense	4	1-year revoked
OUIL/UBAC/OUID Second Offense	6	1-year revoked
OWI Third Offense	4	5-year revoked
OUIL/UBAC/OUID Third Offense	6	5-year revoked
Zero Tolerance	4	30 days restricted
Zero Tolerance Second Offense	4	90 days or 1-year
Child Endangerment	6	90 days revoked; 90 days restricted
Child Endangerment Second Offense	6	1-year revocation
CDL .04 or higher	0	CDL Susp 1-year; oper 90 day restricted; Hazard 3-year suspended
CDL .04 or higher Second Offense	0	CDL Revoked 10 years, oper revoked 1-year
CDL .04 or higher Third Offense	0	CDL Revoked for life; oper revoked 1-year

Don't let a mandatory suspension be a surprise to you! Call your attorney at The Law Offices of THOMAS J. TOMKO and Associates, P.C. at 586-795-8822 (Macomb or St. Clair), or 248-656-7722 (Oakland or Wayne), to make your in-office appointment, or request a Free E-Mail Case Analysis. Knowing the penalties you face and having an experienced attorney is your BEST DEFENSE to mandatory license sanctions.