Will I get jail time if I get a ticket for allowing an unlicensed driver to drive? 6 Answers as of February 16, 2015

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public’s expense. You have a right to counsel. Anyone charged, of course, is presumed innocent. The prosecutor would need to prove the elements of the offense beyond a reasonable doubt if the matter proceeded to trial. Simply because a person is charged does not mean that ultimately, they will be convicted. Generally speaking, these allegations are usually filed under MCL 257.904 (2), which notes: "A person shall not knowingly permit a motor vehicle owned by the person 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 vehicles, within this state by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never applied for a license, except as permitted under this act." This statute means that if an owner of a vehicle permits someone without a valid driver's license to operate their vehicle, they may be charged. This charge, for first time offenders, if convicted, is punishable by "imprisonment for not more than93 days or a fine of not more than $500.00, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer." MCL 257.904 (3)(a). If convicted, the sanctions may also include a term of probation, vehicle impound or other sanctions from the Department of State, including additional license-suspensions, community services, or other possible sanctions. While many courts tend to impose lighter sanctions for convictions regarding this type of charge, it varies significantly depending on the court and particular judge. Further, the court’s sanctions for conviction are only one component; the Department of State will impose significant sanctions for conviction as well. Sentences vary significantly for people convicted of this type of charge. Generally speaking, most courts lean towards more lenient sanctions, i.e., fines and costs, especially if a person has minor previous criminal history. However, it depends on the alleged facts. Courts also have a lot of discretion and sentences vary significantly depending on the court, particular judge, and alleged circumstances. I recommend you retain a lawyer. If you cannot afford a lawyer, the court may appoint you one at the public’s expense.
Answer Applies to: Michigan
Replied: 2/16/2015
Hamblin Law Office | Sally Hamblin
If nobody was hurt as a result or any property damage, generally a fine and costs. But it all depends on all factors, and if you involved yourself in that type of conduct before plus any other tickets you may have gotten.
Answer Applies to: Michigan
Replied: 11/21/2014
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
You could, but it depends on many facts. Speak to a local attorney for help.
Answer Applies to: Michigan
Replied: 11/21/2014
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Possible, but probably not likely. It will depend on the bigger picture do you have any prior offenses, any prior driving offense, etc. I would suggesting retaining an experienced criminal attorney from the area. He may be able to negotiate it down to something even lower and something that will protect your driving record.
Answer Applies to: Michigan
Replied: 11/20/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
No firm answer possible. Resolve the problem by NOT EVER knowing allowing an unlicensed driver to drive anything you own or lease. IF you do you will NOT be covered by your insurance, not to mention the criminal charges.
Answer Applies to: Michigan
Replied: 11/20/2014
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