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Q: South Carolina/Michigan ticket reciprocity ( Answered,   0 Comments )
Question  
Subject: South Carolina/Michigan ticket reciprocity
Category: Reference, Education and News
Asked by: pcmc-ga
List Price: $25.00
Posted: 13 Oct 2006 18:19 PDT
Expires: 12 Nov 2006 17:19 PST
Question ID: 773317
I have a Michigan driver's license. I received a ticket for speeding
18 over in Florence S.C.. In court I was informed that I could either
accept 4 points and a fine or opt for "careless operation of a motor
vehicle", a city ordinance not state, that has no points associated,
just a fine. My question is this, 1)will South Carolina report the
infraction to Michigan even though they have no formal reciprocity
agreement? And, 2)if they do report it to Michigan, how will Michigan
and the insurance company treat this infraction? Will Michigan assign
points?

My research indicates this is not "Reckless driving".
Answer  
Subject: Re: South Carolina/Michigan ticket reciprocity
Answered By: tutuzdad-ga on 13 Oct 2006 20:05 PDT
 
Dear pcmc-ga;

Thank you for allowing me to answer your interesting question. 

South Carolina became a member of the Non-Resident Violator Compact
(NVRC) on January 1981 by virtue of Act 461 of 1980 (and a member of
the Drivers License Compact on August 1987).

South Carolina Judicial Department - Bench Book for Magistrates and
Municipal Court Judges
http://www.judicial.state.sc.us/trial/magistrate/benchbook/displayBenchBKcontent.cfm?division=TRAF&sec=M&subsection1=1&subsection2=

http://www.judicial.state.sc.us/trial/magistrate/benchbook/displayBenchBKcontent.cfm?division=TRAF&sec=M&subsection1=2&subsection2=

While Michigan is not a member of either the DLC or the NRVC they do
accept reports from other states even though they do not reciprocate
and may reserve the right to decline to impose punishment set forth by
another jurisdiction?s court. In other words, if you receive a ticket
in South Carolina for an offense that is punishable by suspension or
revocation, Michigan will receive that report, but Michigan is not
bound to impose a suspension or revocation per the terms of any
compact because Michigan is not a member state. Michigan will,
however, assess derogatory points for out of state tickets.

How Michigan assesses points is governed in part by Public Act 165 of
2003, also known as the Driver Responsibility Law, which took effect
October 1, 2003. This law was amended by Public Act 52 of 2004.
http://www.michigan.gov/documents/DRBrochure_88983_7.pdf

http://www.michigan.gov/driverresponsibility/0,1607,7-213-32166---,00.html

Clearly Michigan DOES pay attention to reports from other
jurisdictions and DOES react with point assessment in some cases such
as careless driving and other serious offenses:

?Kansas, Wyoming, Minnesota, Arizona, Iowa, and South Dakota will not
put a speeding ticket on record unless it is 10 or more mph over the
limit. Georgia will not enter speeding tickets unless they are more
than 14 mph over the limit. New York and Colorado will not enter out
of state speeding tickets at all unless they are serious violations
like reckless. Michigan also has special rules about out of state
tickets.?

FAQ FARM
http://www.faqfarm.com/Q/Will_a_speeding_ticket_from_another_state_affect_your_auto_insurance

Drivers frequently make the mistake of assuming that because a state
is not a member of one of these compacts that they simply ignore
information relayed to them by other states. This is not always true.
While they are not REQUIRED to do anything, many of them often do, and
Michigan appears to be one of these states. As proof of that fact
consider these statements from official Michigan government documents:

?HOW ARE 7 OR MORE QUALIFYING POINTS CALCULATED??
Offenses received in Michigan and out-of-state with an incident date
on or after October 2, 2003 that total 7 or more qualifying points
within a two-year period will count toward the driver responsibility
fee assessment. All points must result from incidents occurring after
October 2, 2003.

Points for category (2) offenses do not count toward the 7 or more
point assessments. For example: The (4) points for Operating While
Impaired are not counted for subsection 1 assessments. The person
would be assessed a $500 fee under category (2).

To summarize, qualifying offenses that are assessed a separate fee do
not also count toward the 7 qualifying points.

Here are some examples of offenses that count towards the qualifying
points: careless driving, drag racing, speeding, improper turn,
following to close, disobeyed traffic control device, failed to yield,
failed to signal or observe, unauthorized or improper use of lights,
prohibited turn, drove wrong way on one-way street, drove left of
center, etc.?
http://www.michigan.gov/driverresponsibility/0,1607,7-213-32169---,00.html

?The Driver Responsibility Act applies only to traffic offenses
committed on or after October 1, 2003. The Act requires drivers to pay
specified fees for two consecutive years for accumulating seven or
more qualifying points on their driver license in a two-year period,
or for being convicted of certain qualifying offenses. Drivers who
accrue seven points must pay $100 per year for two years, and the fee
increases by $50 for each additional point. Any points accrued before
October 1, 2003, do not count toward the seven-point total. Points for
qualifying offenses also do not count toward the seven-point total.
For example, a driver who is convicted of Reckless Driving or
Operating While Intoxicated must pay $1,000 per year for two years if
the offense occurred on or after October 1, 2003, but the points are
not included as part of the seven-point total. Out-of-state tickets
will count toward the seven-point total. Qualifying offenses such as
Reckless Driving committed in another state will also be assessed a
qualifying offense fee.?
DL APPEALS PRACTICE MANUAL
http://www.michigan.gov/documents/2000_with_links_19846_7.pdf

As for the insurance company, they typically respond to infractions in
a manner consistent with the state. If the state considers your
infraction worthy of point assessment the insurance company will
likely recognize that and respond accordingly. This practice however
may vary from one insurance company to another.

Additionally, the DLC and NRVC are soon to be phased out and merged
into a single compact called the Drivers License Agreement (DLA).
Most, if not all states are expect to eventually become members in one
form or another. Should Michigan choose to become a member of this
compact some driving records incurred prior to the compact but AFTER a
specified date could theoretically be reported to Michigan. So, in
your case for example, even though you ?might? escape Michigan justice
for now, your violation ?may? still come back to haunt you at a later
date. Whether this happens or not depends on the terms upon which a
Michigan enters into the future compact, if in fact they enter into it
at all.

?The goals of the DLA are to require each state to honor licenses
issued by other member states; to require each state to report traffic
convictions to the licensing state; to prohibit a member state from
confiscating an out-of-state driver's license or jailing an
out-of-state driver for a minor violation; and to require each state
to maintain a complete driver's history, including withdrawals and
traffic convictions including non-DLA states. When a DLA member state
receives a report concerning their drivers from a non-DLA member
state, the member state will be required to treat the report the same
as if it came from a member state.?
WIKIPEDIA
http://en.wikipedia.org/wiki/Driver_License_Agreement#States_that_are_members


I hope you find that my answer exceeds your expectations. If you have
any questions about my research please post a clarification request
prior to rating the answer. Otherwise I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;

Tutuzdad-ga ? Google Answers Researcher


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Michigan

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Request for Answer Clarification by pcmc-ga on 17 Oct 2006 14:05 PDT
I think you are saying that if I plead to "careless" with a fine but
no points Michigan will not assess points. Please clarify.

Clarification of Answer by tutuzdad-ga on 17 Oct 2006 17:36 PDT
Actually, no. I didn't say that and because of our disclaimer (see
below) which prohobits us from giving actualy legal advice, I couldn't
have said that even if I had wanted to. What I said was that Michigian
reserves the right to assess derogatory points and that Michigan can,
and sometimes does, impose such penalites with regard to our-of-state
infractions that are reported to them. Even though Michigan is not a
compact state and is not bound to any agreements which mandate that
they act in kind when the situation is reversed, Michigan does take
the reports they get seriously and does not consider their
non-membership a "free ticket" (literally sppeaking).

Your question adressed issues surrounding the iposition of points and
the likeliehood that Michigan would even take such an action. By
policy my answer spoke to that issue exclusively and I intentionally
and carefully avoided what might appear to be legal advise. Suffice it
to say that if you are convicted (plead guilty, no contest, etc) to a
charge of careless driving and Michigan is notified you run a very
real risk of having to suffer lasting consequenses. If you deal with
the matter locally and there is an option to pay a fine so that
nothing appears on your record, the chances are probably less.

My necessary caveat (and I'm sure you will understand how important it
is that I post this blurb) is that one should always seek licensed
legal advice from a lawyer if they are not sure of their situation.
Having said that, I hope my clarification now akes my answer much
clearer.

Regards;
tutuzdad-ga
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