Practice in ALL Michigan
State and Federal Courts

P.O. Box 745 Grayling, Michigan 49738 Email: contactus@nyelaw.org
  Law Offices in
Bay City and Grayling

Toll Free: 1-877-4NYELAW
Phone: (989) 414-2724
Fax: (989) 414-2785

Is it Legal to Operate an ORV on a Restricted License?

Recently, I had a case where my client was charged with operating an ORV on a restricted Michigan’s driver’s license.  My research shows that it appears that there is no law prohibiting operating an ORV on a restricted license.

 

The Motor Vehicle Code at MCL 257.312  provides in part:

….

(4) A person who violates a restriction imposed in a restricted license issued to that person is guilty of a misdemeanor. This subsection does not apply to a person who is at least 14 years of age and under 16 years of age.

….

Off Road Vehicles have a distinct and separate statutory code section, with particular definitions which provide in part:

….

(m) “Operate” means to ride in or on, and be in actual physical control of, the operation of an ORV.

(n) “Operator” means a person who operates or is in actual physical control of the operation of an ORV.

(o) “ORV” or “vehicle” means a motor-driven off-road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. ORV or vehicle includes, but is not limited to, a multitrack or multiwheel drive vehicle, an ATV, a motorcycle or related 2-wheel, 3-wheel, 4-wheel, or 6-wheel vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than muscle or wind. ORV or vehicle does not include a registered snowmobile, a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an
easement, a construction or logging vehicle used in performance of its common function, or a registered aircraft.

….

(t) “Roadway” means that portion of a highway improved, designated, or ordinarily used for vehicular travel. If a highway includes 2 or more separate roadways, the term roadway refers to a roadway separately, but not to all roadways collectively.

….

MCL § 324.81101

 

An ORV shall not be operated on a public highway or street, except as under several statutory exceptions, none of which require a driver’s license at all. MCL §324.81122

 

In fact, the Legislature specifically prohibits ORV operation when there is a suspended or revoked license, but not for a restricted license:

(1) If the operator’s or chauffeur’s license of a person who is a resident of this state is suspended or revoked by the secretary of state under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or if the driver license of a person who is a nonresident is suspended or revoked under the law of the state in which he or she resides, that person shall not operate an ORV under this part for the same period.

(2) A person who violates this section is guilty of a misdemeanor punishable as follows:

(a) For a first conviction, imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(b) For a second or subsequent conviction, imprisonment for not more than 180 days or a fine of not more than $1,000.00, or both.

MCL § 324.81140a

 

Historically, prosecutors have relied upon a legal concept known as para materia to argue that the Motor Vehicle Code and the Off Road Vehicle Code should be read together as one statute.  For example, in People v O’Neal, 198 Mich App 118 (1993), the Court of Appeals held that an ORV as a “motor vehicle” for purposes of the Motor Vehicle Code for a charge of operating a vehicle under the influence of intoxicating liquors contrary to the Motor Vehicle Code at MCL 257.625.

 

The Motor Vehicle Code defines a “motor vehicle” as: “Motor vehicle” means every vehicle that is self-propelled, but for purposes of chapter 4 of this act motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act. Motor vehicle does not include an electric personal assistive mobility device. MCL §257.33

 

Therefore, it seems obvious that a ORV is a “motor vehicle” under the Motor Vehicle Code such that it cannot be operated on a restricted license.

 

However, the concept of para materia has its limits.  “When there is a conflict between statutes that are read in para materia, the more recent and more specific statute controls over the older and more general statute.” People v. Buehler, 477 Mich. 18, 26 (2007)

 

It turns out that the Michigan Legislature amended the Off Road Vehicle Code in 1998 and 1999 making it illegal to operate an ORV while intoxicated and illegal to operate an ORV on a  revoked or suspended license.  Since the Michigan Legislature specifically amended the Off Road Vehicle Code as to revoked or suspended licenses, and clearly did not regulate restricted licenses, then the concept of para materia should not control and the courts should apply the Off Road Vehicle Code exactly as written, that is, there is no prohibition to operate an ORV on a restricted license.

 

 

 

Veteran’s Peddler’s License

As I noted in my monthly newletter, Michigan has a statute which allows a veteran to obtain a free license to sell goods for self support.  The text of the statute is below.  A lawsuit by a Michigan veteran to enforce his rights against the City of Mackinaw Island can be found here: http://www.michiganemploymentrights.com/tp-110213135136/post-111112133931/filedsummonsandcomplaint.pdf

The statute at MCL 35.411 et seq.:

Sec. 1. Every honorably discharged member of the armed forces of the United
States who served at least 180 days of active duty service in the armed forces
or has a service connected disability as a result of that service and is a
resident of this state has the right to sell his or her own goods within this
state if the proceeds from the sale of the goods are to be used for the direct
personal benefit or gain of that former member, by procuring a license for that purpose issued as provided in this
act, which shall be valid for a period of 1 year.

Sec. 2. (1) Upon the presentation to the clerk of
any county, in which any former member of the armed forces resides, of a
certificate of honorable discharge from the armed forces of the United States,
showing that the person presenting it served at least 180 days of active duty
service or upon the presentation to the clerk of a certificate from the United
States department of veterans affairs certifying that the person has a service
connected disability, the county clerk shall issue without cost to the former
member a veteran’s license certifying him or her to be entitled to the benefits
of this act. The county clerk shall provide proper forms and books and shall
keep a record of all licenses issued under this act. A license issued under this
act is personal to the licensee. An assignment or transfer of the license is
void.
(2) The licensee while engaged in selling goods under this act shall conspicuously display a sign
at the place of sale that contains the following information in not less than 18-point boldfaced type:
(a) The name of the licensee.
(b) The license number.
(c) A statement in substantially the following form:
“The profit from the sale of this product is for
my personal benefit”.
(3) At the time of sale of goods under this act, a written statement of not less than 12-point
boldfaced type shall be printed on or attached to the goods, in substantially
the following form:
“The profit from the sale of this product is for my personal benefit”.
(4) A person shall not knowingly make a false representation that the proceeds from goods sold
under this act benefit a veterans’ organization. As used in this subsection “veterans’ organization” means any of the following:
(a) A veterans’ organization chartered under federal law.
(b) An organization composed of veterans as defined in Act No. 190 of the Public Acts
of 1965, being sections 35.61 to 35.62 of the Michigan Compiled Laws, that is organized for a bona fide fraternal,
benevolent, educational, philanthropic, humane, patriotic, or charitable purpose.
(5) A person who violates subsection (2), (3), or (4) is responsible for a state civil infraction
and may be ordered to pay a civil fine of not more than $1,000.00.
Sec. 3. Nothing in this act shall be construed as contravening the provisions of
Act No. 51 of the Public Acts of 1925, being sections
445.371 to 445.378
of the Michigan Compiled Laws.

IRS Tips Regarding Mortgage Debt

Mortgage
Debt Forgiveness: 10 Key Points

First, if you have filed bankruptcy then forgiven debt is not taxable income and simply filing IRS Form 982 with your federal taxes will cancel that debt.

For non-bankruptcy filers, the following may be applicable to your situation:

Canceled debt is normally taxable to you, but there are exceptions. One of
those exceptions is available to homeowners whose mortgage debt is partly or
entirely forgiven during tax years 2007 through 2012.

The IRS would like you to know these 10 facts about Mortgage Debt
Forgiveness:

1. Normally, debt forgiveness results in taxable income. However, under the
Mortgage Forgiveness Debt Relief Act of 2007, you may be able to exclude up to
$2 million of debt forgiven on your principal residence.

2. The limit is $1 million for a married person filing a separate return.

3. You may exclude debt reduced through mortgage restructuring, as well as
mortgage debt forgiven in a foreclosure.

4. To qualify, the debt must have been used to buy, build or substantially
improve your principal residence and be secured by that residence.

5. Refinanced debt proceeds used for the purpose of substantially improving
your principal residence also qualify for the exclusion.

6. Proceeds of refinanced debt used for other purposes – for example, to pay
off credit card debt – do not qualify for the exclusion.

7. If you qualify, claim the special exclusion by filling out Form 982,
Reduction of Tax Attributes Due to Discharge of Indebtedness, and attach it to
your federal income tax return for the tax year in which the qualified debt was
forgiven.

8. Debt forgiven on second homes, rental property, business property, credit
cards or car loans does not qualify for the tax relief provision. In some
cases, however, other tax relief provisions – such as insolvency – may be applicable.
IRS Form 982 provides more details about these provisions.

9. If your debt is reduced or eliminated you normally will receive a
year-end statement, Form 1099-C, Cancellation of Debt, from your lender. By
law, this form must show the amount of debt forgiven and the fair market value
of any property foreclosed.

10. Examine the Form 1099-C carefully. Notify the lender immediately if any
of the information shown is incorrect. You should pay particular attention to
the amount of debt forgiven in Box 2 as well as the value listed for your home
in Box 7.

For more information about the Mortgage Forgiveness Debt Relief Act of 2007,
visit www.irs.gov.
IRS Publication 4681, Canceled Debts, Foreclosures, Repossessions and
Abandonments, is also an excellent resource.

You can also use the Interactive Tax Assistant available on the IRS website
to determine if your cancelled debt is taxable. The ITA takes you through a
series of questions and provides you with responses to tax law questions.

Finally, you may obtain copies of IRS publications and forms either by
downloading them from www.irs.gov
or by calling 800-TAX-FORM (800-829-3676).

Links:

Videos:

Mortgage Debt Forgiveness: English
| Spanish
| ASL

Nye Approved for Access to Bankruptcy Courts Program

Nye & Associates, PLLC was approved by a special committee affiliated with the United States Bankruptcy Court for the Eastern District of Michigan as an approved law firm for the Access to Bankruptcy Courts Program.  This program is a privately funded legal aid program to assist low income persons with paying for attorneys to prepare and file bankruptcies.   Recently, Attorney Nye attended a meeting in Detroit led by the Hon. Marci McIvor regarding the administration of the program.  Generally, persons whose income is less than 150 percent of the federal poverty guidelines are eligible for consideration by the program.  If approved by the committee, the applicant is then referred to an approved attorney who prepares and files the bankruptcy with the assistance of the client and is then paid a nominal fee for providing the legal services.  Nye & Associates, PLLC is honored to have been approved by this prestigious panel for providing top-notch bankruptcy legal services to the less fortunate in the community.  To apply, you can contact the program directly at this link: http://www.accesstobankruptcycourt.com/

Social Security Ruling 11-1p and its Effect on Disability Claimants

 

I stated in an earlier post that if denied at the ALJ Hearing level, you can appeal to the Appeals Council, file a new application, or do both. This information is now outdated.

 

Recently, Social Security handed down a new ruling that says when appealing an ALJ decision to the Appeals Council, claimants cannot file a new application, which changes what has been the rule since 1999. The now “old” rule allowed claimants to file a new application while their Appeal was pending at the Appeals Council (as the Appeals Council can take 18-30 months to make a decision).

 

What this means for claimants is that you must now choose between appealing the ALJ decision or filing a new application.  

 

This ruling is part of a series of changes that are meant to help Social Security to decrease their heavy workload (and as some suggest, to tighten their purse strings).

 

You may still file a new application if there has been a critical or disabling change in your condition. Discretion is left to the field office where you apply – if the particular worker finds that there has been a critical or disabling change, they will allow you to file that new application.

 

However, this will be the exception rather than the rule – it is likely that Social Security field offices will use this ruling as yet another reason to turn applicants down. Further, “critical and disabling” is not well-defined, so it is hard to tell what evidence you would need to show the field office in order for them to allow your new application.

 

There is some movement among attorneys that this ruling violates your Constitutional  Due Process rights, and it may well be stricken down in time, but for now, this is the new rule.

 

This rule does not apply if you are filing for a different title or for a different benefit. For example, if your current pending claim is for SSD (Title 16) benefits, and you have NOT filed for SSI (Title 2) benefits, you MAY file a new claim for SSI benefits if your SSD claim is pending at the Appeals Council.  

 

You may still submit new evidence of your disabling condition as long as it is before the date that you appealed to the Appeals Council – anything after that date will not be considered.  In that case, if you have evidence after you have appealed to the Appeals Council of your condition becoming critical or disabling, you may wish to dismiss your Appeals Council claim and file a new application.

 

Remember, you only have 60 days from the date of your denial letter to appeal.

 

If you have recently been denied by the ALJ and are trying to decide whether to appeal or to file a new application, please contact us for a free consultation.

 

 

Will Alternatives

 

Many people seek to avoid using a will at all – to avoid the cost and time of probate, to avoid attorney costs, or maybe they just don’t like the legal system. Whatever the reason, there are alternatives to using a will. The following are a few alternative planning strategies:

 

1. Deeds

 

This is one of the most over-looked planning tools. My favorite type of deed is what is called a “Ladybird” Deed or “enhanced life estate” deed. These types of deeds allow the present owner of a property to reserve a life estate in their property – that is, they keep the property until they pass away. The owner of that property can do whatever they want to do with the property. Upon their death, the property immediately passes to whoever the owner named in the deed. This completely avoids the probate process. A person may make a Ladybird Deed during their lifetime and record it at the Register of Deeds. Then, once they pass away, even if it is 15 years later, the property will automatically pass to the person on the deed, without any court involvement whatsoever. The person who inherits the property takes the stepped-up basis in the property rather than the original basis, and there is no uncapping of property tax. Therefore, this is an excellent, but often overlooked, planning tool.

 

2. Trusts

 

Trusts allow you to provide for other people as you want them to be provided for even after you have passed away. An attorney can draft one that suits your needs. Please see my previous article for more information about trusts.

 

3. Beneficiary Designations

 

More and more banks and insurance companies are allowing their clientele to designate a person to inherit any remaining money upon a person’s death. This is one of the absolute easiest ways to pass your property without using a will, going to probate, or involving the legal process at all.  Some insurance companies or banks have rules about who or what (i.e. a trust or LLC) that you can designate as your beneficiary, so check with them before making your beneficiary designations. 

 

4. Create an LLC

 

Do you have a cottage up North? Want to see it pass down in your family for generations? Create a limited liability company (LLC). These companies can be created for any purpose.  Transfer the cottage to the LLC. Upon your passing, the membership interest in the LLC will be transferred to your children.

 

LLCs require an Operating Agreement. In your Operating Agreement, you can prevent others outside the family from being able to have a membership interest in the LLC. This keeps the cottage from being exposed to creditors’ claims or your children’s spouses. The Operating Agreement can also provide for the management, use, and  maintenance of the cottage.

 

If you or someone you know needs any of the above planning tools, then please Nye & Associates for a consultation.  

 

Drunk Driving in Michigan

DUI, OWI, OWVI, OUID, OUIL Superdrunk what does this all mean and what are the differences?

There are a multitude of drinking and driving charges.

The main first offense charges are:

1) Operating While Visibly Impaired MCL 257.625(3),

2) Operating While Intoxicated MCL 257.625(1),

3) Operating with a High BAC MCL 257.625(1)(c), and

4) Operating With Any Presence of a Schedule 1 Drug MCL 257.625(8).

Operating while visibly impaired is when your blood alcohol content is below .08 but there is enough to noticeably impair your driving.

Operating while Intoxicated is driving with an blood alcohol content greater than .08. It makes no difference if your driving is not impaired.

Operating with a High BAC is also known as “Superdrunk” and occurs when you are driving with a blood alcohol content that us .17 or higher.

Operating With Any Presence of a Schedule 1 Drug can be illegal or legal drugs. If the drug is illegal also known as a Schedule One drug (which includes marijuana) then any amount in your blood will be enough for a conviction. If you are using a legal drug such as a prescribed pain pill, then it will have to be proven that the prescription pills are a controlled substance and impaired your driving and would be charged under OWI (Operating While Intoxicated MCL 257.625(1)(a))

 

These offenses have both criminal penalties as well as Secretary of the State driving penalties. The fallout for a first offense drinking charge is:

Charge

Maximum Jail Time

Community Service

Maximum Fines

Minimum Fines

Suspension

(No Driving)

Suspension

(Restricted)

Driving Points

Driver’s Responsibility Fees

OWVI 93 Days Up to 360 Hours $300.00 $0.00 0 Days 90 Days 4 Pts $500.00 for two years
OWI 93 Days Up to 360 Hours $500.00 $100.00 30 Days 150 Days 6 pts $1000.00 for two years
High BAC 180 Days Up to 360 Hours $700.00 $200.00 45 Days 325 Days 6 pts $1000.00 for two years
OWPD 93 Days Up to 360 Hours $500.00 $100.00 30 Days 150 Days 6 pts $500.00 for two years

 

This table does not include the penalties for aggravated drinking charges such as Operating While Intoxicated resulting in a Death or Injury and Child Endangerment Operating While Intoxicated which occurs when the person charged with a drinking related driving offense also has a child under 16 in the car.

For Second offenses, the penalties steeply increase.

Charge

Maximum Jail Time

Minimum Jail Time

Community Service

Maximum Fines

Minimum Fines

License Revocation

Driver’s Responsibility Fees

OWVI 1 Year 5 Days

30 Day Min.

90 Day Max.

$1,000.00 $200.00 365 Days $500.00 for two years
OWI 1 Year 5 Days

30 Day Min.

90 Day Max.

$1,000.00 $200.00 365 Days $1000.00 for two years
OWPD 1 Year 5 Days

30 Days Min.

90 Days Max.

$1,000.00 $200.00 365 Days $500.00 for two years

 

For second offenses there is not a suspension period on your license because your license is revoked for a year. In addition, High BAC only applies to a first offense charge.

 

Any third or subsequent offense is a felony in Michigan.

If you need help with any of these charges, Nye Law & Associates is more than capable of helping you.

Implied Consent, What is it and how does it hurt you?

If you are pulled over for suspected drunk driving, you are generally put through some field sobriety tests, concluding in a preliminary breath test (PBT) where you blow into a device and it checks your breath for blood alcohol levels. Then if the levels are above a certain amount, the officer will arrest you and take you to do a more formal blood alcohol test. This is either done though a breathalyzer called a Datamaster, or they draw  blood and send it in for testing.

If you do not wish to take the PBT or blow into the Datamaster, or allow blood to be drawn you have every legal right not to. The officer will then attempt to get a search warrant from the judge to allow him to have your blood drawn and checked. The potential criminal situation continues down that path.

What you might not be aware of is that there are driving penalties associated with refusing to take the PBT, Datamaster or allow your blood to be drawn. The Secretary of State has its own penalties associated refusing these procedures. In Michigan there is an Implied Consent law. Which means that as a driver, in order to drive, you are consenting to these tests should an officer reasonable ask for them.

The officer has at his discretion the decision to go forward with alerting Secretary of State of your implied consent refusal. Secretary of State will then suspend your license for a full year, with no restricted license available, in addition to 6 points being added to your license. This is mainly independent from the criminal charges, if your blood alcohol level was above a .08.

You do have an opportunity to fight this by appealing and having a hearing on the matter in front of (or most likely by video) a Secretary of State hearing administrator. There are four things that will be looked at

  1. If the officer had reasonable grounds to believe that you had committed a crime of operating a vehicle while intoxicated,
  2. Whether you were placed under arrest for this crime,
  3. If your refusal was reasonable, and
  4. Whether you were advised of your implied consent rights.

The burden is on the Government, in most cases the arresting officer, to prove that you violated the implied consent rule. The level of proof is by a preponderance of the evidence, which means anything over 50% sure that the implied consent rule was violated.

If you get an adverse ruling from the Secretary of State official you still have the opportunity to appeal to the Circuit Court where the offense took place. However, no new evidence can be presented, that judge will look at the evidence presented and transcript from the previous hearing and decide your case on either a hardship request or look at it for legal error.

Implied consent violations sneak up on you because people usually are not focused on possible Secretary of State action when looking a criminal charge in the face. However, we at Nye & Associates can help you.

Automatic Social Security Disability Benefits

 

There are a few ways adults may be found entitled to benefits automatically.

 

1. You meet a Listing. This is also called “meeting a Listing-level impairment.” This means that your condition meets or exceeds the listed severity of an impairment, which automatically entitles you to benefits.

 

2. You meet a Medical-Vocational Guideline (aka a “Grid Rule”). Social Security has outlined situations in which a person may be found automatically disabled if they are of certain age, education, work level, and of certain work restrictions. For example, if a person is age 55, has an 11th grade education, had past work that was “unskilled” under Social Security’s rules, and was limited to sedentary work, they are automatically entitled to benefits.

 

3. You meet a Medical-Vocational profile. There are three profiles:

 

The first profile is a claimant who meets step 2 with a severe, medically determinable impairment, who is age 55 or older, who has an 11th grade education or less, and who has no past relevant work experience.

 

The second profile, or “worn-out worker” profile, is a claimant who has a 6th grade education or less, who has worked 35 years at arduous, unskilled labor, and who is unable to continue to do that past arduous work.

 

The third profile is called the “lifetime commitment” profile. This describes a claimant who is not earning over $1,000 per month, who has a lifetime commitment (30 years or more) to work that is unskilled or that is skilled or semi-skilled with no transferable skills, who cannot perform this work due to their severe impairment (s), who is age 60 or older, and who has no more than an 11th grade education.

 

If you believe that you are entitled to automatic Social Security Benefits and have been denied, please call Nye & Associates for a free consultation.

 

Antrim County 86th District Court

86th District Court for Antrim County Michigan

205 East Cayuga Street

Bellaire, MI 49615

Hon. Judges Michael S. Stepka,  Thomas J. Phillips & Michael J. Haley

Magistrate Shirley Dewitt

Criminal Sentencings, June 2011;

  • operating while impaired; 22 year old Alden man sentenced to 365 days probation, $928.00 in fines and costs, $125.00 in restitution.
  • operating with out a license on person; 26 year old Grand Rapids man ordered to pay $208.00 in fines and costs.
  • operating with out a license on person; 25 year old Central Lake woman ordered to pay $308.00 in fines and costs.
  • assault/assault-and-battery; 20 year old Mancelona man was sentenced to 93 days in jail, $328.00 in fines and costs.
  • operating with out a license on person; 23 year old Kewadin woman ordered to pay $198.00 in fines and costs.
  • operating while intoxicated; 46 year old Mancelona man sentenced to 365 days probation, $678.00 in fines and costs.
  • operating with out a license on person; 44 year old Ponca Springs woman ordered to pay $248.00 in fines and costs.
  • operating with out a license on person; 40 year old East Jordan man ordered to pay $98.00 in fines and costs.
  • DNR hunt/shoot from safety zone; 22 year old East Jordan man ordered to pay $478.00 in fines and costs.
  • non-sufficient funds less than $100.00; 22 year old Lansing man sentenced to 366 days probation, $848.00 in fines and costs, $489.00 restitution.
  • operating  with suspended license; 22 year old Lake City man ordered to pay $583.00 in fines and costs.
  • possession of controlled substance/marijuana, operating while impaired; 24 year old Kalkaska man ordered to pay $1,631.00 in fines and costs, $125.00 restitution.
  • domestic violence 2nd offense/malicious destruction of personal property $200.00 2nd offense; 30 year old Mancelona man sentenced to 365 days in jail less 43 days served, $1,136.00 in fines and costs.
  • operating with out a license on person; 44 year old Detroit woman ordered to pay $208.00 in fines and costs.
  • operating while impaired; 29 year old Central Lake man sentenced to 15 days in jail less 15 days served, 365 days probation, $1,378.00 in fines and costs, $125.00 in restitution.
  • breaking and entering without owner’s permission; 29 year old Bellaire man sentenced to 2 days in jail, less 2 days served, 365 days probation, $1,083.00 in fines and costs.
  • alcohol/purchase/consume/poss-minor 3rd offense; 20 year old Warren man was sentenced to 183 days probation, $348.00 in fines and costs.
  • operating while impaired; 29 year old Western Springs, Illinois man sentenced to 360 days probation, 24 hours community service, $1,028.00 in fines and costs.

Criminal Sentencings, July 2011;

 

  • operating with suspended license; 32 year old Kalkaska man ordered to pay $483.00 in fines and costs.
  • operating with out license in possession; 31 year old Rapid City man ordered to pay $208.00 in fines and costs.
  • operating with out license in possession; 18 year old East Jordan man ordered to pay $208.00 in fines and costs.
  • operating while intoxicated/impaired, second offence; 24 year old Germfask woman ordered to pay $1,078.00 fines and costs, serve 120 days in jail.
  • domestic violence; 31 year old Charlevoix man sentenced to pay $628.00 in fines and costs, 21 days in jail, 550 days probation.
  • operating while impaired; 22 year old Washington man ordered to pay $1,028.00 in fines and costs, $125.00 restitution, serve 2 days in jail with 2 days credit, 360 days probation.
  • domestic violence, 2nd offense/attempted P/O, assault/resist/obstruction;  42 year old East Jordan man ordered to pay $1,736.00 fines and costs, 365 days in fail with 37 days credit.
  • license plate/reg/title – unlawful use; 19 year old Central Lake man oredered to pay $248.00 in fines and costs.
  • malicious destruction of personal property less than $200.00; 27 year old Elk Rapids man ordered to pay $528.00 in fines and costs, 365 days probation 2 days in jail with 2 days credit.
  • operating while intoxicated/impaired – 2nd offence; 29 year old Central Lake man ordered to pay $1,283.00 in fines and costs, $125.00 in restitution, 180 days in jail with credit for 133 days.
  • operating while impaired; 38 year old Mancelona man ordered to pay $1,278.00 in fines and costs, $125.00 in restitution,  24 hours community service, 366 days probation.
  • use of contained substance-narcotic/cocaine; 31 year old Mancelona man ordered to pay $1,583.00 in fines and costs, 90 days in jail with 6 days credit, 550 days probation.
  • driving while intoxicated; 49 year old Mancelona man ordered to pay $928.00 in fines and costs, $125.00 in restitution, 366 days probation.
  • operating while impaired; 23 year old Williamsburg man ordered to pay $1,028.00 fines and costs, $120.55 restitution, 24 hours community service, 366 days probation.
  • OUIL; 21 year old Clarkston woman ordered to pay $1,028.00 in fines and costs, $125.00 restitution, 24 hours community service, 366 days probation.
  • no proof of insurance; 25 year old Ellsworth man ordered to pay $165.00.
  • alcohol purchase-consume-possession, minor; 18 year old Walton man ordered to pay $273.00 fines and costs.