The End is in Sight for Michigan Driver Responsibility Fees

Matt Worley, Esq.

In Michigan, many drivers feel the weight of Driver Responsibility Fees on their shoulders.

These fees are assessed by the State of Michigan to drivers who are found guilty of certain traffic misdemeanors.  These fees are assessed in addition to any fines and costs that were assessed in the district court.  The responsibility fees were created in 2003 at a time when the state was in dire financial straits as a way to generate cash flow.

Part of what makes the responsibility fees unique is the sheer size of the fee assessed.  For example, if a person pleads guilty or is found guilty of driving on a suspended license, that person is assessed $1,000 in responsibility fees – paid out over two years.  Similarly, if a person is convicted of operating while intoxicated, they are assessed a total fee of $2,000.  Other common offenses that have responsibility fees include reckless driving, leaving the scene of an accident, and various drunk/drugged driving offenses.

The problem with these responsibility fees is that they are so large they often send the state’s poorest people in a downward financial spiral that, for many, is nearly impossible to escape from.  The responsibility fees have been called a “tax on the poorest people in the state.”

House Bill 5414, introduced by Representative Joe Haveman, aims to phase out the responsibility fees.  Under the plan, the fees will be virtually eliminated by 2018.  The bill has passed the House and Senate and is expected to be signed by Gov. Rick Snyder in the near future.

The question remains, however, what will replace the nearly $100 million in annual revenue generated from the responsibility fees?

If you would like to know more about Michigan’s driver responsibility fees, or have other questions, contact the legal experts at Fausone Bohn, LLP.  Our team of lawyers consists of current and former prosecutors knowledgeable in both civil and criminal law.  You can reach Matthew Worley at (248) 380-0000 or online at www.fb-firm.com.  

Lower BAC for drunk driving on the way?

Mark Mandell, Esq

 

According to the release of the Michigan Annual Drunk Driving Audit, the number of drunk driving arrests in Michigan increased in 2012, as did the number of fatalities and injuries. 

 

Last year, the state made 37,182 alcohol- and drug-related driving arrests.  Deaths resulting from drug and alcohol induced crashes increased 7.2%, from 319 in 2011 to 342 in 2012.  Non-fatal injuries also increased.

While there was an increase last year, the overall trend in Michigan is positive – over the past 5 years, the number of traffic deaths involving alcohol has decreased 11.4%.

However, many believe Michigan’s drunk driving numbers are still too high and more needs to be done to deter this conduct.  For instance, the National Transportation Safety Board (NTSB) released its May 2013 Safety Report and advocates for decreasing the per se Blood Alcohol Content (BAC) limit from 0.08 to 0.05.

According to the report, studies have shown that a decrease in the BAC limit down to 0.05 reduces traffic fatalities by 8-12% for people ages 18-49.  In fact, more than 100 countries have established maximum per se BAC limits at or below 0.05 – including 25 of the 27 EU member countries.  Many traffic safety and public health organizations view BAC levels higher than 0.05 as posing an unacceptable risk for driving.

Opponents to the lower BAC limit point out that the majority of alcohol-impaired drivers in fatal crashes have BAC levels significantly higher than 0.08.  However, according to the NTSB, lowering the per se BAC limit changes the drunk-driving behavior of drivers at all BAC levels.  As a consequence, reducing the limit could reasonably be expected to have a broad deterrent effect on all drivers. 

Whether the per se BAC limit gets lowered is in the hands of the legislature; however, despite NTSB’s recommendation, there are no pending bills taking such action.  If you are facing drunk driving charges, or have questions regarding the law, contact experienced criminal defense attorney Mark Mandell at 888-674-1189 or online at www.MichiganFraudLawyer.com.