Friday, July 20, 2012

Firefighter Gerald Paul Thoma Jr - Fruitport FD

JULY 20, 2012:  While intoxicated, Firefighter Thoma attempted a stunt on while driving his motorcycle and without his helmet on. Thoma was seriously injured. Thoma was charged with a felony: operating while intoxicated, third offense, which was punishable up to 5 years in prison. In January 2013, Thoma pled nolo contendere to MCL 257.6256D [operating intoxicated / impaired /controlled substance, third offense. Thoma was sentenced to 3 years probation.

     

1985: Firefighter Gerald Thoma Jr. was chared with operating a motor vehicle while impaired.
http://michiganoidv.blogspot.com/1985/01/firefighter-gerald-paul-thoma-jr.html




2003: Firefighter Gerald Thoma Jr. was charged again for opertaing a motor vehicle while impaired. It was his second DUI offense. During this incident, Thoma rammed his truck into an acquaintance's house and vehicle in Muskegon Township while attending a party there. He eventually pleaded no contest to two misdemeanors and was sentenced to 45 days in the Muskegon County Jail and 24 months of probation.
http://michiganoidv.blogspot.com/2003/06/fire-captain-gerald-paul-thoma-jr.html




2007: Firefighter Thoma pleaded pleaded guilty to misdemeanor domestic violence for punching his then-16-year-old son in the nose three times. Thoma was sentenced to probation, fines, court costs and anger-management class for that offense.
http://michiganoidv.blogspot.com/2007/06/firefighter-gerald-thoma-jr-fruitport.html

         





January 30, 2013: Former Firefighter Gerald Paul Thoma Jr. was sentenced to 3 years probation for his July 20, 2012 drunk driving accident.  






         


Former Fruitport Township fire captain got jail, probation for felony drunken driving
By John S. Hausman
The Muskegon Chronicle
March 14, 2013 at 2:21 PM
Updated March 14, 2013 at 2:22 PM
http://www.mlive.com/news/muskegon/index.ssf/2013/03/former_fruitport_township_fire_1.html

MUSKEGON, MI -- Gerald Paul Thoma, a former Fruitport Township fire captain, has served a jail sentence and is serving a long probation term for felony drunken driving involving a videotaped motorcycle accident that seriously injured him.

According to court records, Muskegon County 60th District Judge Andrew Wierengo III last month sentenced Thoma, 49, of Fruitport Township, to jail for 30 days, with credit for 30 days already served. Thoma also was placed on probation for three years, ordered to wear a SCRAM alcohol monitor for 45 days and ordered to pay $948 in fines and costs, according to court records.

Thoma pleaded no contest earlier to third-offense driving while intoxicated, a felony. Most felony cases go to circuit court for plea or trial, but Thoma was referred to Wierengo’s Sobriety Court.

Thoma was arraigned Oct. 2, 2012. The longtime fire captain submitted his resignation after he was charged with a crime.

According to earlier reports, toxicology test results indicated he had a blood-alcohol level of 0.10 percent when the accident happened at 11 p.m. July 20, 2012, in the parking lot of Office Max in the 1700 block of East Sherman Boulevard in the city of Muskegon, authorities said. The blood-alcohol limit for driving a motor vehicle in Michigan is 0.08 percent.

Thoma struck a concrete parking block while attempting the stunt, police said. A video of the accident was released to the media by the Muskegon County Prosecutor’s Office.

Thoma suffered serious injuries and was hospitalized for several weeks after the crash.






Court hearing adjourned for former Fruitport Fire Department captain charged with felony
Published: Monday, October 15, 2012, 5:21 PM
Updated: Monday, October 15, 2012, 5:21 PM
By John S. Hausman
The Muskegon Chronicle
http://www.mlive.com/news/muskegon/index.ssf/2012/10/court_hearing_adjourned_for_fo.html

MUSKEGON, MI -- The preliminary examination has been postponed for Gerald Paul Thoma, the former Fruitport Township fire captain charged with felony drunken driving involving a videotaped motorcycle accident.

Thoma's hearing, originally scheduled for Monday, was adjourned to Nov. 19 at the request of defense attorney Terry J. Nolan, to allow time for the defense to get medical records.

At the hearing, a Muskegon County 60th District judge will hear testimony and view evidence to decide whether the case against Thoma is strong enough to bring to trial in 14th Circuit Court.

Thoma, 48, of Fruitport Township, was arraigned Oct. 2 on a charge of operating a motor vehicle while intoxicated, third offense. Thoma, a longtime fire captain, submitted his resignation last month after he was charged.

Toxicology test results indicate he had a blood-alcohol level of 0.10 percent when the accident happened at 11 p.m. July 20 in the parking lot of Office Max in the 1700 block of East Sherman Boulevard in the city of Muskegon, authorities said. The blood-alcohol limit for driving a motor vehicle in Michigan is 0.08.

Thoma struck a concrete parking block while attempting the stunt, police said. A video of the accident was released to the media by the Muskegon County Prosecutor’s Office.

Thoma suffered serious injuries and was hospitalized for several weeks following the crash.









                     
http://webmedia.newseum.org/newseum-multimedia/tpt/2012-09-28/pdf/MI_MC.pdf                                











Fruitport Township Fire Department captain resigns on heels of criminal charge
Published: Thursday, September 27, 2012, 6:24 AM
Updated: Thursday, September 27, 2012, 8:49 AM
By Heather Lynn Peters
The Muskegon Chronicle
http://www.mlive.com/news/muskegon/index.ssf/2012/09/fruitport_township_fire_depart.html
FRUITPORT TOWNSHIP, MI – Gerald Paul Thoma Jr., the veteran Fruitport Township firefighter charged with third-offense drunk driving, has resigned from the fire department.

Thoma, 48, a longtime Fruitport Township Fire Department captain, turned in his resignation letter Friday to Fruitport Township Supervisor Brian Werschem.

On Monday the township board of trustees accepted the resignation, Werschem said. The board, not the public safety director, makes the hiring and firing decisions for the township.

Thoma was charged with the five-year felony recently in connection with a July 20 motorcycle accident in which Thoma was seriously injured.

It wasn’t clear Thursday whether Thoma had yet been arraigned on the charge, but a warrant was signed last week.

Toxicology test results indicate Thoma had a blood-alcohol level of 0.10 percent when the accident happened at 11 p.m. in the parking lot of Office Max in the 1700 block of East Sherman Boulevard in the city of Muskegon. The blood-alcohol limit for driving a motor vehicle in Michigan is 0.08.

Thoma struck a concrete parking block while attempting the stunt, police said. A video of the accident was released to the media by the Muskegon County Prosecutor’s Office.

Thoma suffered serious injuries and was hospitalized for several weeks following the crash. He was not wearing a helmet at the time of the accident, according to the Muskegon police report.

Others were doing stunts in the parking lot on July 20 when Thoma tried to do a stunt himself, police said.

Thoma was previously charged with operating a motor vehicle while impaired in 1985 and 2003, both in Muskegon County.

















Video released of Fruitport Township fire captain attempting motorcycle stunt while allegedly drunk
Published: Thursday, September 20, 2012, 5:46 PM
Updated: Tuesday, October 16, 2012, 2:53 PM
By Lisha Arino
The Muskegon Chronicle
http://www.mlive.com/news/muskegon/index.ssf/2012/09/video_released_of_fruitport_to.html








FRUITPORT TOWNSHIP, MI – The Muskegon County Prosecutor's Office has released a video showing an incident in July that injured a Fruitport Township fire captain, who was allegedly intoxicated when it occurred.


The six-second video shows Gerald Paul Thoma Jr., who has been charged with a felony, moving past another motorcyclist in an empty Office Max parking lot in the 1700 block of East Sherman Boulevard in the city of Muskegon on July 20. The video shows him falling off his bike as sparks fly.

Thoma has been charged for operating while intoxicated third offense, after toxicology test results indicated that he had a blood-alcohol level of 0.10 percent. The legal blood-alcohol limit for driving a motor vehicle in Michigan is 0.08.

Thoma had not been arraigned in Muskegon County 60th District Court as of Thursday evening.

Police said others had been doing stunts in the parking lot that night when Thoma attempted one himself.

He was seriously injured when he hit a concrete block and has only recently been released from the hospital, according to

family and friends. He was not wearing a helmet at the time, according to a police report.

It is unclear if the incident will affect his job at the fire department.

Court records show that Thoma has previous drunk driving convictions in Muskegon County. He was charged with operating a motor vehicle while impaired in 1985 and 2003.

He also pleaded guilty to misdemeanor domestic violence for punching his then-16-year-old son in the nose three times in 2007.

            
















 Fruitport Township Fire Captain Gerald Paul Thoma Jr. attempts motorcycle stunt
Posted: Thursday, September 20, 2012, 4:52 PM
By Lisha Arino
The Muskegon Chronicle
http://videos.mlive.com/chronicle/2012/09/fruitport_township_fire_chief.html



Gerald Paul Thoma Jr., 48, a captain with the Fruitport Township Fire Department was charged for an alleged drunken driving accident incident, depicted in this video, that happened while he was trying to do a stunt on his motorcycle in July, according to police. Thoma, shown in this video as the motorcyclist in the back, was seriously injured in the crash was just released from the hospital, according to friends and family.    

















Fruitport Twp fire capt. faces 3rd OWI
Police: Gerald Thoma's BAC during crash was .10
Updated: Thursday, 20 Sep 2012, 6:57 AM EDT
Published : Wednesday, 19 Sep 2012, 9:29 PM EDT
http://www.woodtv.com/dpp/news/local/muskegon_county/fruitport-twp-fire-capt-faces-3rd-owi







MUSKEGON, Mich. (WOOD) - A Fruitport Township fire captain could spend five years behind bars if convicted of his third drunk driving charge.


A warrant for Gerald Thoma Jr. was issued, according to Muskegon County Chief Assistant Prosecutor Brett Gardner, but he has not yet been arraigned on a count of operating while intoxicated (third offense).

The charge stems from a July 20 incident that happened in the parking lot of the Office Max on E. Sherman Boulevard in Muskegon.

Thoma, 48, was allegedly trying to perform a stunt on his motorcycle when he was seriously injured.
He was not wearing a helmet and recovered in a hospital for more than a month.

His blood-alcohol content ( BAC) level was 0.10 at the time, according to a toxicology report -- .02 higher than the legal limit in Michigan.

Thoma's previous drunk driving charges were from 1985 and 2003 -- both in Muskegon County.













Fruitport Township fire captain charged with felony for drunken motorcycle crash
Published: Wednesday, September 19, 2012, 4:52 PM
Updated: Thursday, September 20, 2012, 8:33 AM
By Heather Lynn Peters
The Muskegon Chronicle
http://www.mlive.com/news/muskegon/index.ssf/2012/09/fruitport_township_fire_captai.html



FRUITPORT TOWNSHIP, MI – A Fruitport Township fire captain has been charged with a felony for an alleged drunken driving incident that police say happened while he was trying to do a stunt on his motorcycle in July.

Muskegon County Chief Assistant Prosecutor Brett Gardner confirmed Wednesday that a warrant has been signed for Gerald Paul Thoma Jr., 48, of the Fruitport Township Fire Department for operating while intoxicated, third offense. That’s a felony punishable up to five years in prison if convicted, Gardner said.

As of late Wednesday afternoon, Thoma hadn't yet been arraigned in Muskegon County 60th District Court.

Toxicology test results indicate Thoma had a blood-alcohol level of 0.10 percent when the accident happened at 11 p.m. on July 20 in the parking lot of Office Max in the 1700 block of East Sherman Boulevard in the city of Muskegon. The legal blood-alcohol limit for driving a motor vehicle in Michigan is 0.08.

Thoma was seriously injured in the crash and only recently released from the hospital, according to friends and family. It wasn't clear what condition Thoma was in as of late Wednesday.

He was not wearing a helmet at the time of the accident, according to the Muskegon police report.

Others were doing stunts in the parking lot on July 20 when Thoma tried to do a stunt himself, police said. A woman had been on the back of Thoma’s motorcycle just prior to the crash, but wasn’t on the bike when he crashed, police said.

Thoma struck a concrete parking block in the parking lot while attempting the stunt, police said.

Fruitport Township Public Safety Director Ken Doctor said Wednesday that he was unaware of the charges filed against Thoma.

Doctor could not say whether the charge will affect Thoma's job at the fire department. It will be up to the township board to decide whether Thoma will keep his job, Doctor said, adding that he doesn’t do the “hiring or the firing” at the fire department.

“That decision will rest with the township board,” Doctor said.

Thoma has had previous drunken driving convictions in Muskegon County, court records show.

Thoma was previously charged with operating a motor vehicle while impaired in 1985 and 2003, both in Muskegon County.

The 2003 incident occurred when Thoma rammed his truck into an acquaintance's house and vehicle in Muskegon Township while attending a party there, according to police. He eventually pleaded no contest to two misdemeanors and was sentenced to 45 days in the Muskegon County Jail and 24 months of probation.

In 2007 Thoma pleaded pleaded guilty to misdemeanor domestic violence for punching his then-16-year-old son in the nose three times. According to a police report, Thoma and his son got into an argument that escalated into an assault at their home. The son called 911.

A judge sentenced Thoma to probation, fines, court costs and anger-management class for that offense.

                               









Fruitport Township firefighter seriously injured while doing stunt on motorcycle
Published: Monday, July 23, 2012, 11:48 AM
Updated: Monday, July 23, 2012, 5:00 PM
By Heather Lynn Peters
The Muskegon Chronicle
http://www.mlive.com/news/muskegon/index.ssf/2012/07/fruitport_township_firefighter.html


MUSKEGON, MI – A longtime Fruitport Township firefighter was seriously injured Friday night while attempting a stunt on his motorcycle in the parking lot of a business along Sherman Boulevard.

Jerry Thoma Jr., 48, a captain with the Fruitport Township Fire Department, was injured shortly after 11 p.m. Friday while he was doing a “burn-out” in the parking lot of Office Max, 1700 E. Sherman Boulevard, according to authorities.

He was not wearing a helmet at the time, according to the Muskegon Police report.

Others were doing stunts in the parking lot and then Thoma tried to do a stunt himself, police said. A woman had been on the back of Thoma’s motorcycle just prior to the crash, but wasn’t on the bike when he crashed, police said.

Thoma struck a concrete pole in the parking lot while attempting the stunt, police said.

When authorities arrived to the scene a woman was holding Thoma's head and neck.

He is currently at Spectrum Health in Grand Rapids. A Facebook page has been started to keep friends and family updated on his status.

As of Monday morning, a friend of Thoma said he was in a coma and unable to speak.

Thoma has been a Fruitport Township firefighter for 22 years, according to Fruitport Township Public Safety Director Ken Doctor.

                         














Fire captain pleads to domestic violence charge
Published: Thursday, October 11, 2007, 1:27 AM
Updated: Thursday, October 11, 2007, 1:41 AM
By Lee Lupo
The Muskegon Chronicle
The Muskegon Chronicle
http://blog.mlive.com/chronicle/2007/10/fire_captain_pleads_to_domesti.html


FRUITPORT TOWNSHIP -- A Fruitport Township fire captain has pleaded guilty to misdemeanor domestic violence for punching his 16-year-old son in the nose.

Gerald Paul Thoma Jr., 43, entered the plea Tuesday before 60th District Judge Michael J. Nolan. Nolan sentenced Thoma to probation, fines and costs and anger-management class.

According to a police report, Thoma and his 16-year-old son got into an argument June 2 that escalated into an assault at their home at 3148 E. Pontaluna. The son called 911.

Police said Thoma punched the teen in the nose three times.

It's not Thoma's first criminal conviction. In June 2003, Thoma was arrested for ramming his truck into an acquaintance's house and vehicle in Muskegon Township while attending a party there. He eventually pleaded no contest to two misdemeanors and was sentenced to 45 days in the county jail and 24 months of probation.



-------------------------



Section 257.625
MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949
http://www.legislature.mi.gov/(S(55hmiuzoje1tccbqgog3gh55))/mileg.aspx?page=GetObject&objectname=mcl-257-625



***** 257.625 THIS SECTION IS AMENDED EFFECTIVE MARCH 31, 2013: See 257.625.amended *****

257.625 Operating motor vehicle while intoxicated; operating motor vehicle when visibly impaired; penalties for causing death or serious impairment of a body function; operation of motor vehicle by person less than 21 years of age; requirements; controlled substances; costs; enhanced sentence; guilty plea or nolo contendere; establishment of prior conviction; special verdict; public record; burden of proving religious service or ceremony; ignition interlock device; “prior conviction” defined.


Sec. 625.

(1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in this section, "operating while intoxicated" means any of the following:

(a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state by a person if any of the following apply:


(a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) The person's ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(3) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state when, due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.

(4) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor vehicle causes the death of another person is guilty of a crime as follows:

(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

(b) If, at the time of the violation, the person is operating a motor vehicle in a manner proscribed under section 653a and causes the death of a police officer, firefighter, or other emergency response personnel, the person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. This subdivision applies regardless of whether the person is charged with the violation of section 653a. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

(5) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor vehicle causes a serious impairment of a body function of another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

(6) A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content. As used in this subsection, "any bodily alcohol content" means either of the following:

(a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or, beginning October 1, 2013, the person has an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(b) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

(7) A person, whether licensed or not, is subject to the following requirements:

(a) He or she shall not operate a vehicle in violation of subsection (1), (3), (4), (5), or (8) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a crime punishable as follows:

(i) Except as provided in subparagraph (ii), a person who violates this subdivision is guilty of a misdemeanor and shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:

(A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.

(B) Community service for not less than 30 days or more than 90 days.

(ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:

(A) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.

(B) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.

(b) He or she shall not operate a vehicle in violation of subsection (6) while another person who is less than 16 years of age is occupying the vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as follows:

(i) Except as provided in subparagraph (ii), a person who violates this subdivision may be sentenced to 1 or more of the following:

(A) Community service for not more than 60 days.

(B) A fine of not more than $500.00.

(C) Imprisonment for not more than 93 days.

(ii) If the violation occurs within 7 years of a prior conviction or after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, a person who violates this subdivision shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:

(A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall not be suspended.

(B) Community service for not less than 30 days or more than 90 days.

(c) In the judgment of sentence under subdivision (a)(i) or (b)(i), the court may, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (a)(ii) or (b)(ii), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.

(d) This subsection does not prohibit a person from being charged with, convicted of, or punished for a violation of subsection (4) or (5) that is committed by the person while violating this subsection. However, points shall not be assessed under section 320a for both a violation of subsection (4) or (5) and a violation of this subsection for conduct arising out of the same transaction.

(8) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

(9) If a person is convicted of violating subsection (1) or (8), all of the following apply:

(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days, or, if the person is convicted of violating subsection (1)(c), imprisonment for not more than 180 days.

(iii) A fine of not less than $100.00 or more than $500.00, or, if the person is guilty of violating subsection (1)(c), a fine of not less than $200.00 or more than $700.00.

(b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following:

(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.

(ii) Community service for not less than 30 days or more than 90 days.

(c) If the violation occurs after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:

(i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.

(ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.

(d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.

(e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.

(f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.

(10) A person who is convicted of violating subsection (2) is guilty of a crime as follows:

(a) Except as provided in subdivisions (b) and (c), a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $100.00 or more than $500.00, or both.

(b) If the person operating the motor vehicle violated subsection (4), a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,500.00 or more than $10,000.00, or both.

(c) If the person operating the motor vehicle violated subsection (5), a felony punishable by imprisonment for not more than 2 years or a fine of not less than $1,000.00 or more than $5,000.00, or both.

(11) If a person is convicted of violating subsection (3), all of the following apply:

(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days.

(iii) A fine of not more than $300.00.

(b) If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00, and 1 or more of the following:

(i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively.

(ii) Community service for not less than 30 days or more than 90 days.

(c) If the violation occurs after 2 or more prior convictions, regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and either of the following:

(i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.

(ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.

(d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.

(e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.

(f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.

(12) If a person is convicted of violating subsection (6), all of the following apply:

(a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by 1 or both of the following:

(i) Community service for not more than 360 hours.

(ii) A fine of not more than $250.00.

(b) If the violation occurs within 7 years of 1 or more prior convictions, the person may be sentenced to 1 or more of the following:

(i) Community service for not more than 60 days.

(ii) A fine of not more than $500.00.

(iii) Imprisonment for not more than 93 days.

(13) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.

(14) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service.

(15) If the prosecuting attorney intends to seek an enhanced sentence under this section or a sanction under section 625n based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in district court, circuit court, municipal court, or family division of circuit court, a statement listing the defendant's prior convictions.

(16) If a person is charged with a violation of subsection (1), (3), (4), (5), (7), or (8) or section 625m, the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (6) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the prosecuting attorney's motion.

(17) A prior conviction shall be established at sentencing by 1 or more of the following:

(a) A copy of a judgment of conviction.

(b) An abstract of conviction.

(c) A transcript of a prior trial or a plea-taking or sentencing proceeding.

(d) A copy of a court register of actions.

(e) A copy of the defendant's driving record.

(f) Information contained in a presentence report.

(g) An admission by the defendant.

(18) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while under the influence of a controlled substance or a combination of alcoholic liquor and a controlled substance in violation of subsection (1) or a local ordinance substantially corresponding to subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the influence of a controlled substance or a combination of alcoholic liquor and a controlled substance at the time of the violation.

(19) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was visibly impaired due to his or her consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance in violation of subsection (3) or a local ordinance substantially corresponding to subsection (3), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether, due to the consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance, the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.

(20) A special verdict described in subsections (18) and (19) is not required if a jury is instructed to make a finding solely as to either of the following:
(a) Whether the defendant was under the influence of a controlled substance or a combination of alcoholic liquor and a controlled substance at the time of the violation.
(b) Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance at the time of the violation.

(21) If a jury or court finds under subsection (18), (19), or (20) that the defendant operated a motor vehicle under the influence of or while impaired due to the consumption of a controlled substance or a combination of a controlled substance and an alcoholic liquor, the court shall do both of the following:

(a) Report the finding to the secretary of state.

(b) On a form or forms prescribed by the state court administrator, forward to the department of state police a record that specifies the penalties imposed by the court, including any term of imprisonment, and any sanction imposed under section 625n or 904d.

(22) Except as otherwise provided by law, a record described in subsection (21)(b) is a public record and the department of state police shall retain the information contained on that record for not less than 7 years.

(23) In a prosecution for a violation of subsection (6), the defendant bears the burden of proving that the consumption of alcoholic liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.

(24) The court may order as a condition of probation that a person convicted of violating subsection (1) or (8), or a local ordinance substantially corresponding to subsection (1) or (8), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device approved, certified, and installed as required under sections 625k and 625l.

(25) Subject to subsection (27), as used in this section, "prior conviction" means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, a law of the United States substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
(a) Except as provided in subsection (26), a violation or attempted violation of any of the following:
(i) This section, except a violation of subsection (2), or a violation of any prior enactment of this section in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(c) Section 601d or 626(3) or (4).

(26) Except for purposes of the enhancement described in subsection (12)(b), only 1 violation or attempted violation of subsection (6), a local ordinance substantially corresponding to subsection (6), or a law of another state substantially corresponding to subsection (6) may be used as a prior conviction.

(27) If 2 or more convictions described in subsection (25) are convictions for violations arising out of the same transaction, only 1 conviction shall be used to determine whether the person has a prior conviction.


History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 270, Eff. Sept. 28, 1951 ;-- Am. 1954, Act 10, Eff. Aug. 13, 1954 ;-- Am. 1956, Act 34, Eff. Aug. 11, 1956 ;-- Am. 1958, Act 113, Eff. Sept. 13, 1958 ;-- Am. 1976, Act 285, Eff. Apr. 1, 1977 ;-- Am. 1978, Act 57, Imd. Eff. Mar. 10, 1978 ;-- Am. 1978, Act 391, Eff. Jan. 15, 1979 ;-- Am. 1980, Act 515, Eff. Apr. 1, 1981 ;-- Am. 1982, Act 309, Eff. Mar. 30, 1983 ;-- Am. 1987, Act 109, Eff. Mar. 30, 1988 ;-- Am. 1991, Act 98, Eff. Jan. 1, 1992 ;-- Am. 1993, Act 359, Eff. Sept. 1, 1994 ;-- Am. 1994, Act 211, Eff. Nov. 1, 1994 ;-- Am. 1994, Act 448, Eff. May 1, 1995 ;-- Am. 1994, Act 449, Eff. May 1, 1995 ;-- Am. 1996, Act 491, Eff. Apr. 1, 1997 ;-- Am. 1998, Act 350, Eff. Oct. 1, 1999 ;-- Am. 1999, Act 73, Eff. Oct. 1, 1999 ;-- Am. 2000, Act 77, Eff. Oct. 1, 2000 ;-- Am. 2000, Act 460, Eff. Mar. 28, 2001 ;-- Am. 2003, Act 61, Eff. Sept. 30, 2003 ;-- Am. 2004, Act 62, Eff. May 3, 2004 ;-- Am. 2006, Act 564, Imd. Eff. Jan. 3, 2007 ;-- Am. 2008, Act 341, Eff. Jan. 1, 2009 ;-- Am. 2008, Act 462, Eff. Oct. 31, 2010 ;-- Am. 2008, Act 463, Eff. Oct. 31, 2010

Compiler's Notes: Section 2 of Act 309 of 1982 provides: “All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this amendatory act takes effect are saved and may be consummated according to the law in force when they are commenced. This amendatory act shall not be construed to affect any prosecution pending or initiated before the effective date of this amendatory act, or initiated after the effective date of this amendatory act for an offense committed before that effective date.”

Popular Name: Heidi's Law
© 2009 Legislative Council, State of Michigan
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