Drunk Driving:
Resources for Victims and their Families
Law enforcement and community crime prevention
Ingham County Prosecutor
Ingham County's drivers and pedestrians have a right to be free of the threat of drunk drivers. Drunk driving kills, and we must work to eradicate this problem. This web site offers information for the victims of drunk driving and their families, as well as tools for the prevention of drunk driving.
There are many laws on the books to penalize drunk drivers: Offenders can and do spend time in jail, lose their driving priveleges, pay restitution to their victims, and lose possession of their vehicles. In order to prevent today's alcohol abusers from creating tomorrow's victims, we must have the means to identify and treat substance abusers before their addictions cause death and dismemberment.
While there is much that governments can do to prevent drunk driving, and punish those who break the law, the responsibility to follow the law falls to each individual. By working for the appropriate development of our youth, our community can reduce the crime rate for years to come.
Overview of Drunk Driving Legislation
(HB 4827, HB 4828, SB 315, SB 314, 1991 P.A. 99, P.A. 98, P.A. 93, P.A. 94)
Acknowledgmenets to the Michigan Department of State for providing this information.
Swift and Sure Licensing Sanctions:
The new law requires courts to adjudicate drunk driving cases within set timelines and to impose a licensing sanction at the time a plea of nolo contendere (no contest) or guilty is accepted, or a verdict of guilty is rendered.
This is a requirement for receipt of 408 alcohol incentive funds from the federal government.
The Department of State must also conduct implied consent hearings within similar timelines.
Thirty-Day suspension for first offense convictions:
Requires a minimum mandatory 30-day suspension for even a first conviction of operating under the influence of liquor (OUIL), unlawful blood alcohol level (UBAL), or operating under the influence of drugs (OUID).
An average 30-day suspension is also a requirement for receipt of 408 alcohol incentive funds from the federal government.
Minimum sanctions for second offense convictions:
Requires 48 hours of consecutive jail or 10 days of community service for a second conviction.
This is a requirement for receipt of 408 alcohol incentive funds from the federal government.
Failure to appear in court and comply with judgment for drunk driving convictions:
Currently courts must wait 28 days before issuing notice of failure to appear in court on a drunk driving charge. This time period is eliminated to ensure swifter completion of these cases.
Courts may order license suspensions for persons who fail to comply with a judgment for drunk driving offenses.
OUIL and death felony:
Creates a new 15-year felony requiring limited proofs for a conviction for persons who are driving under the influence of liquor and/or drugs or have a blood-alcohol content of .10% by weight, and cause the death of another.
Long-term incapacitating injury and OUIL felony:
Creates a new five-year felony for persons who are operating under the influence of liquor and/or drugs or have a blood-alcohol content of .10% by weight, and cause the death of another.
Refusal to provide preliminary breath test:
A suspect who refuses to provide a preliminary breath test to a police officer will have his driver's license destroyed at the scene, suspended immediately, and will have six points added to his or her driving record.
Zero tolerance for underage drinkers:
Suspects who are under the age of 21 may be tested for alcohol without a search warrant. Drivers under 21 who test at .02 or above will be charged with drunk driving; non-drivers who test at .02 or above will be charged with being a minor in possession of alcohol (Exceptions are provided for recognized religous ceremonies).
Vehicle Seizure:
Drunk drivers may have their vehicles seized upon conviction. When a vehicle is seized, it may be sold by a local law enforcement agency. The proceeds of this sale will;
1. Cover any outstanding finance payments,
2. Pay restitution to a victim or his or her family,
3. Compensate local and state law enforcement and victims' rights services.
Consistent licensing sanctions:
Requires courts and the Department of State to impose licensing sanctions based upon the driving record. This will take into account an offender's prior convictions.
Eliminates hardship appeals for habitual alcohol offenders:
Abolishes hardship or equity license appeals to circuit court for habitual alcohol offenders.
Eliminates hardship ex parte licenses:
Courts may no longer order temporary driving priveleges based upon hardship for persons waiting to appear in circuit court on a restoration appeal.
Statute of limitations for filing restoration appeal:
Sets an appeal deadline of 63 days, with a 182 day exception for good cause.
Officers' appeal of implied consent decision:
Law enforcement officers may appeal in an implied consent decision not to suspend an offender's license.
Open intoxicants on an offender's driving record:
Liquor law provisions have been moved to the vehicle code, with, among other penalties, an addition of two points to an offender's driving record.
Admissibility of chemical test refusal:
Allows juries to be informed of a refusal of a chemical test.
Driving while license suspended sanctions increased:
Increases the fine for a conviction of driving while a license is suspended or revoked; from $100 to $500 for a first offense and from $500 to $1,000 for a subsequent offense.
Attempted drunk driving:
Provides that persons convicted of an attempt to commit a drunk driving offense shall receive licensing sanctions and punishment as if the attempt had been completed.
Audit reporting requirements:
An annual audit of jail, fine and community service served in lieu of jail sanctions will be compiled by the courts for inclusion in the drunk driving audit report. If you would like to order a copy of the audit, call the Secretary of State's office at (517) 373-2510.
Drunk driving in trailer parks and parking lots:
The term 'generally accessible to motor vehicles' will be added to the definition of areas in which drunk driving is enforcable. The purpose of this is to include trailer parks, parking lots and other areas which are generally accessible to motor vehicles, but are not public roads.
Funding:
The driver license reinstatement fee is now set at $125. The purpose of this fee is to fund the program, as well as to purchase and maintain new infrared breathalyzer testing instruments.
Information for victims of drunk driving:
Our Victim/Witness Unit is here to help you as your case moves through the criminal justice system. Call our office if you have questions about your case, victim rights, or restitution. In addition, you may call if you would like someone to go to court with you.
Ingham County Prosecutor
Victim/Witness Unit
Trixie Brown, Victim-Witness Coordinator: 483-6254
Martha Mitchell, Felony Crimes: 483-6257
Sally Despins, Felony Crimes: 483-6257
Carey Keller, Felony Crimes: 483-6258
Angela Olson, Misdemeanor Crimes: 483-6256
Maria Valayil, Domestic Violence Crimes: 483-6259
Elizabeth Savage, Juvenile Crimes: 483-6258
OUR BASIC SERVICES:
Orientation to the criminal justice system: Explaining subpoenas and court procedures; giving specific information about individual cases.
Court support services: Escorting witnesses to court; notifying witnesses of changes in court appearances.
Case status and disposition: Informing witnesses of the ongoing status of a case, as well as its final results.
Employment intervention: Assisting in solving difficulties with employers.
Referrals: Directing victims to community resources and organizations when they require further assistance.
Crime Victim Services Commission (CVSC): Helping qualified victims apply for financial assistance from the Michigan Crime Victims Compensation Fund. This fund is established under our state's constitution, and allows certain victims to gain restitution payments.
Information on receiving restitution payments.
Assistance in the return of your personal property.
Please notify the Victim/Witness Unit of any change of address or phone number.
CRIME VICTIMS' RIGHTS
You have these rights under the Michigan Constitution. This is your chance for help to balance the scales of justice
Right concerning immediate needs:
You will be notified within 24 hours:
By the police agency regarding emergency and medical services.
About victims' compensation benefits and the address of the Victims' Compensation Board.
Of the eligibility requirements for compensation, as well as the receipt of funds if eligible.
Of the telephone number of the police agency to call to determine if the defendant has been released from custody.
Of court procedures.
Of the procedures to follow if you are threatened or intimidated by the defendant.
Rights during prosecution:
To be present during the entire trial, unless you are scheduled to testify.
To be free of threats and acts of discharge by your employer because you are a subpoenaed witness.
To be free of threats and acts of discharge by your employer because you are a subpoenaed witness.
To be provided with a waiting area, separate from the defendant, their families and witnesses, if possible.
To consult with a prosecuting attorney to give your views about the disposition of your case.
To receive the name of the person to contact within the Prosecutor's Office for information on your case.
Rights during prosecution provided only upon your request:
To receive notice of any scheduled court proceedings and changes of schedule.
To confer with the prosecuting attorney prior to jury selection and trial.
To receive notice of the defendant's escape if he or she is awaiting trial.
To receive written notice of conviction.
To receive notice of address and phone number or the probation department which is preparing the presentence report.
To have your Impact Statement included in the presentence report.
To make an oral impact statement to the pre-sentence investigator and court at the time of sentencing.
To be notified of the time and place of sentencing.
Post-sentence rights provided only upon your written request:
To take advantage of these post-sentence rights, you must inform the Sheriff (if defendant was jailed) or the Department of Corrections (if the defendant was sent to prison) that you want to be notified. It is your responsibility to keep them informed of your current address.
To be notified of the location where the defendant is to be confined.
To receive within 30 days of your request a notice of your request, as well as a notice of the defendant's earliest possible release date.
To be notified of release, or pending release, of the defendant to a community residential program, extended furlough or transfer to community status.
To be promptly notified of a defendant's escape.
To submit a written statement to the parole board or member of the panel having authority over defendant's release on parole.
To be notified 90 days prior to defendant's release, if practical.
To be notified of hearing on reprieve, commutation or pardon of sentence.
YOUR OBLIGATIONS AND RESPONSIBILITIES TO OUR COMMUNITY AS A VICTIM OF A CRIME
- Report the crime immediately
- Cooperate fully with law enforcement officials
- Cooperate fully with the Prosecutor's Office
- Testify honestly and immediately
- Immediately notify the Victim-Witness Unit in the event of a change of address or telephone number.
THE CRIMINAL JUSTICE SYSTEM
As the victim of a crime, your help is very important to our system of criminal justice. When victims report a crime and testify, they help to make our community a safer place to live. The following information will explain, step by step, what may happen in your case:
1. At the scene of an accident, the drunk driver is arrested. Potential witnesses and victims are identified.
2. A victim information packet is sent. Crime Victim Compensation services are arranged.
3. A district court preliminary examination is held (Victims and witnesses may testify). A victim advocate is available upon request.
4. If the defendant is bound over to Circuit Court, an arraignment and pre-trial are held prior to the trial date.
5. A courtroom trial is held (the victim or witness will testify). A victim advocate is available upon request.
6. Defendant is found guilty or not guilty.
7. The defendant is sentenced or released based upon the verdict.
DEFINITION OF LEGAL TERMS
Adjournment: A delay in the processing of a case at the request of the defendant, the People or the Court.
Arraignment: A court hearing where the defendant is informed of the charges against him or her and the bail is set by the Judge.
Bail/Bond: The amount of financial security which the defendant has to post with the court to insure his or her appearance at later proceedings.
Bindover: A finding at preliminary examination that sufficient evidence exists to require a trial at the Circuit Court level on the charges made against the defendant.
Circuit Court: The highest trial court in Michigan. All felony trials are held in this court.
Crime: An act in violation of state criminal law. In Michigan, a criminal act can be a misdemeanor or a felony.
Defendant: A person who is charged with a crime.
Deliberate: As applies to a jury, the weighing of evidence at trial's end, for the purpose of determining a defendant's guilt or innocence.
Dismissal: The dropping of a case by decision of the court.
District Court: Jurisdiction of all misdemeanors for which punishment does not exceed one year, as well as the arraignment, setting and acceptance of bail and conducting preliminary examinations in felony cases.
Felony: A crime punishable by one year or more in state prison.
Jury: A group of men and women sworn at each trial to consider the evidence presented and deliver a verdict or decision in that proceeding.
Misdemeanor: Less serious offenses, punishable by a fine or up to one year in the county jail.
Motion: A hearing held before the court requesting a certain ruling or decision on various issues related to a case.
Parole: Conditional release of a defendant from prison by parole board prior to completion of the sentence.
Perjury: A deliberate lie or untruth made under oath, which is a felony.
Preliminary Examination: A hearing in a felony case before a District Judge who decides whether there is enough evidence to believe that a crime has been committed, in order that the case can be bound over to Circuit Court for trial.
Pre-Sentence Investigative Report: An investigation done by the probation department regarding the victim's feelings on sentencing, as well as relevant information about the defendant. The written report is designed to act as a sentencing guide for the judge.
Restitution: An amount of money determined by the court to be paid to the victim of a crime for property loss or injuries caused by the defendant's criminal act.
Subpoena: A court order directing you to be present at the time and place stated.
Victim: An individual who suffers direct physical, financial and/or emotional harm, or is threatened as a result of the commission of a crime.
TESTIFYING
Being a witness will take some time. Bringing a defendant to trial is often a lengthy process. Cooperation and involvement in the criminal justice system is the first step to successful prosecution.
Suggestions:
- The most important thing is to tell the truth.
- Speak clearly and loudly enough so that all can hear.
- Be serious in your approach.
- Be courteous in your response.
- Do not lose your temper.
- Do not argue on cross-examination.
- Don't try to memorize your testimony.
- Dress properly and have a neat appearance.
- Listen carefully to the questions that are asked and give thoughtful, considered answers.
- Answer directly and simply.
- Don't give your opinions or feeling unless you are asked.
- Stop instantly when a judge interrupts or an attorney objects to a question.
HELPFUL PHONE NUMBERS
Ingham County Prosecutor's Victim-Witness Program
(517) 483-6254
Ingham County Sheriff's Department
(517) 676-2431
Lansing Police Department
(517) 483-4600
Mothers Against Drunk Driving
(517) 394-6477
Lawyer Referral Service
(517) 482-8816
Legal Aid
(517) 485-5411
Crime Victim Services Commission
(517) 373-7373
National Council on Alcoholism: Lansing Chapter
(517) 887-0226
Alcoholics Anonymous
321-8781
Al-Anon (for family and loved ones):
484-1977
Community Mental Health (CMH) of Ingham, Eaton and Clinton Counties:
887-2126
CMH: Older Adult Substance Abuse Prevention and Treatment
372-8460
Listening Ear
(517) 337-1717
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