Anyone know what the normal sentence is for driving on suspended license 2nd offense in michigan is?

Question

I recived my 2nd driving on suspended about a year ago and i'm going to court for it soon. I just wanted to know if anyone else has been thru this in michigan and if you have, what was your punishment? Jail time? I hope not...

Answer 1

Listen to that Daevian idiot, and you will go to jail for sure.  That guy is giving really bad advice to many, many people.

Answer 2

Ehh, I'm an idealist. So, you know what I do? I sue the state for depriving you of your constitutional right. The US Supreme Court (along with several other State Supreme Courts), have ruled that traveling upon public and highway roads is not just a mere privilege that the local government can just restrict at will but a natural born right available to any United States' citizen.

"The RIGHT of the Citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a COMMON RIGHT which he has under the RIGHT to life, liberty, and the pursuit of happiness. " (Emphasis added). See: Thompson v. Smith, supra.

And that excercising your constitutional right cannot be converted into a crime or have sanctions levered against it: The state cannot diminish rights of the people. [Hertado v. California, 100 US 516.]

Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. [Miranda v. Arizona, 384 US 436, 491.]

There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights. [Sherer v. Cullen, 481 F 946.]

You also got to remember that for the state to join the union it must be a Republican form of government: Article IV, Section 4. "The United States shall guarantee to every state in this union a republican form of government.."

Thus you have sovereign rights that state can not diminish nor have jurisdiction over. Thus, if a state does not have jurisdiction over it's People then it can't press charges against you: "Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action." Melo v. US, 505 F2d 1026.

"An action by Department of Motor Vehicles, whether directly or through a court sitting administratively as the hearing officer, must be clearly defined in the statute before it has subject matter jurisdiction, without such jurisdiction of the licensee, all acts of the agency, by its employees, agents, hearing officers, are null and void." Doolan v. Carr, 125 US 618; City v Pearson, 181 Cal. 640.

"Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of juris." Merritt v. Hunter, C.A. Kansas 170 F2d 739.

If you have any further questions to ask or clarification then feel free to e-mail me.

Happy Hunting!  

Answer 3

Typically, fine and community service.  Your license will be suspended even longer, if not revoked entirely.

They *can* send you to jail but rarely do, unless you did something else spectacularly stupid or dangerous in the process.

Actually, I'm kinda shocked it took a year for this to go to court.  Even for Michigan, that's astoundingly slow.