MICHIGAN VEHICLE CODE
Act 300 of 1949
257.323c Restricted license; issuance by circuit court; limitations; exceptions; condition.
Sec. 323c.
(1) A person denied a license to operate a motor vehicle or whose license for that purpose has been suspended by the secretary of state under section 625f has a right to a review of the matter in circuit court as provided in sections 323 and 323a. Except as provided in this section, the court may order the secretary of state to issue to the person a restricted license permitting the person to drive only to and from the person's residence and work location; in the course of the person's employment or occupation; to and from an alcohol or drug education program or treatment program as ordered by a court; to and from the person's residence and the court probation department, or a court-ordered community service program, or both; to and from the person's residence and an educational institution at which the person is enrolled as a student; or pursuant to a combination of these restrictions. The restricted license shall permit the driver to take any driving skills test required by the secretary of state. If the denial, suspension, or revocation of a person's license or vehicle group designation under section 625f occurred in connection with the operation of a commercial motor vehicle, the court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle. The court shall not order the secretary of state to issue a restricted operator's or chauffeur's license that would permit a person to operate a commercial motor vehicle hauling hazardous material. The court shall not order the secretary of state to issue a restricted license unless the person states under oath and the court finds that the person is unable to take public transportation to and from his or her work location, place of alcohol or drug education or treatment, or educational institution, and does not have a family member or other person able to provide transportation. The court order and license shall indicate the person's work location and the approved route or routes and permitted times of travel. For purposes of this section, "work location" includes, as applicable, either or both of the following:
(a) The specific place or places of employment.
(b) The territory or territories regularly visited by the person in pursuance of the person's occupation.
(2) If the person's license has been suspended pursuant to section 625f within the immediately preceding 7-year period, a restricted license shall not be issued.
(3) Notwithstanding any other provision of this section, the court shall not issue a restricted license to a person who has accumulated over 24 points, as provided in section 320a, within the 2-year period preceding the date of the suspension of his or her license.
(4) Notwithstanding any other provision of this act, the court shall not issue a restricted license to a person to operate a commercial motor vehicle when a vehicle group designation is required to operate that vehicle.
History: Add. 1968, Act 335, Eff. Nov. 15, 1968 ;-- Am. 1978, Act 57, Imd. Eff. Mar. 10, 1978 ;-- Am. 1982, Act 310, Eff. Mar. 30, 1983 ;-- Am. 1991, Act 99, Eff. Jan. 1, 1992 ;-- Am. 1991, Act 100, Eff. Jan. 1, 1993 ;-- Am. 2002, Act 534, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 362, Imd. Eff. Oct. 4, 2004
Compiler's Notes:
Section 2 of Act 310 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.”
Notes of Decisions
Paulson v. Sec'y of State, 398 N.W.2d 477 (Mich. Ct. App. 1986).
“While it is not possible from the record in this case to determine whether the sentencing court did order the revocation of petitioner’s driver’s license and the clerk merely failed to place an "r” for revoked on the abstract of conviction sent to the Secretary of State or…”
Tauriainen v. Sec'y of State, 244 N.W.2d 462 (Mich. Ct. App. 1976).
“But where, as here, the revocation is the result of a refusal to submit to a blood alcohol test, the powers of the circuit judges are limited by MCLA 257.323c; MSA 9.2023(3). First, they may stay a revocation order only to the extent of allowing a plaintiff to drive to and from…”
Walters v. Sec'y of State, 403 N.W.2d 552 (Mich. Ct. App. 1987).
· cites it 4× “On that date, petitioner commenced the instant action by filing a petition for restoration of his driver’s license in the circuit court pursuant to MCL 257.323c; MSA 9.2023(3). On October 24, 1984, petitioner filed a petition in which he alleged that his driver’s license was…”
Nicholas v. Sec'y of State, 253 N.W.2d 662 (Mich. Ct. App. 1977).
· cites it 2× “" MCLA 257.323c; MSA 9.2023(3). While § 323c appears to be limited to suspensions arising from driving while under the influence of intoxicating liquors, it is interesting that the necessary conditions of such a restricted license are similar to the usual conditions imposed upon…”
Kester v. Sec'y of State, 393 N.W.2d 623 (Mich. Ct. App. 1986).
“MCL 257.323c(2); MSA 9.2023(3)(2). As such was the case here, the circuit court improperly granted petitioner a restricted license and we must reverse.”
McMillan v. Sec'y of State, 399 N.W.2d 538 (Mich. Ct. App. 1986).
“MCL 257.323c(2); MSA 9.2023(3)(2); Kester v Secretary of State, 152 Mich App 329 ; 393 NW2d 623 (1986).”
Wilson v. Sec'y of State, 415 N.W.2d 870 (Mich. Ct. App. 1987).
· cites it 4× “MCL 257.323c(2); MSA 9.2023(3)(2) prohibits the issuance of a restricted license in some circumstances: If the person’s license has been suspended pursuant to section 625f [MCL 257.”
Griffin v. Sec'y of State, 378 N.W.2d 605 (Mich. Ct. App. 1985).
“The circuit court granted reconsideration and entered an order reinstating limited driving privileges upon learning that Griffin had submitted to a "road” Breathalyzer test but refused to take a second test at the police station, believing he did not have to comply.”
— Mich. Comp. Laws § 257.323c(2) — 5 cases
Kester v. Sec'y of State, 393 N.W.2d 623 (Mich. Ct. App. 1986).
“MCL 257.323c(2); MSA 9.2023(3)(2). As such was the case here, the circuit court improperly granted petitioner a restricted license and we must reverse.”
McMillan v. Sec'y of State, 399 N.W.2d 538 (Mich. Ct. App. 1986).
“MCL 257.323c(2); MSA 9.2023(3)(2); Kester v Secretary of State, 152 Mich App 329 ; 393 NW2d 623 (1986).”
Walters v. Sec'y of State, 403 N.W.2d 552 (Mich. Ct. App. 1987).
“On that date, petitioner commenced the instant action by filing a petition for restoration of his driver’s license in the circuit court pursuant to MCL 257.323c; MSA 9.2023(3). On October 24, 1984, petitioner filed a petition in which he alleged that his driver’s license was…”
Wilson v. Sec'y of State, 415 N.W.2d 870 (Mich. Ct. App. 1987).
“MCL 257.323c(2); MSA 9.2023(3)(2) prohibits the issuance of a restricted license in some circumstances: If the person’s license has been suspended pursuant to section 625f [MCL 257.”
Griffin v. Sec'y of State, 378 N.W.2d 605 (Mich. Ct. App. 1985).
“The circuit court granted reconsideration and entered an order reinstating limited driving privileges upon learning that Griffin had submitted to a "road” Breathalyzer test but refused to take a second test at the police station, believing he did not have to comply.”
— Mich. Comp. Laws § 257.323c(l) — 1 case
Wilson v. Sec'y of State, 415 N.W.2d 870 (Mich. Ct. App. 1987).
“MCL 257.323c(2); MSA 9.2023(3)(2) prohibits the issuance of a restricted license in some circumstances: If the person’s license has been suspended pursuant to section 625f [MCL 257.”
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