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License Plate Confiscation

A police officer must confiscate the metal plate from a vehicle and issue a paper plate if the operator is arrested for drunk driving and has one prior conviction for an alcohol/drug crime under MCL 257.625, or Manslaughter, Murder, or Negligent Homicide within seven years of the arrest or two convictions for such crimes within 10 years of the arrest. The plate must also be confiscated if the officer arrests the operator for Driving While License Suspended/Revoked (DWLS/R) and the offender has two prior mandatory additional suspensions/revocations imposed under MCL 257.904 (10), (11), (12) within seven years of the arrest.  The paper plate is valid until the criminal case is adjudicated. There is no allowance in the Statute for the replacement of the paper plate with a metal plate prior to adjudication.

Mandatory additional suspensions/revocations are imposed under MCL 257.904 (10), (11), (12), or former (2) or (4), for any moving violation committed during a period of suspension/revocation. Prior to October 1, 1999, such suspensions were not imposed if the underlying offense was a suspension for failing to appear in court (FAC) or for failing to comply with a judgment (FCJ). Beginning October 1, 1999, 30-day mandatory additional suspensions are imposed for violating these suspensions or any indefinite suspension. Prior convictions for DWLS are not used for purposes of plate confiscation, as counting mandatory additional actions includes all moving violations; not merely DWLS convictions.

Police officers who stop vehicles for violations will check the Law Enforcement Information Network (LEIN). The State's mainframe computer evaluates the person's driving record and returns a message through LEIN.  The message identifies the number of prior convictions and actions within the appropriate statutory time frames and instructs officers when to take the metal license plate and issue a paper plate. This process is very similar to the paper driver license concept that was part of the 1992 drunk driving reform package where officers confiscate and destroy the photo license and issue a paper permit to persons who fail or refuse to take a chemical test. 

After the metal plate is removed, officers enter the information about the confiscation into LEIN, thus placing a "hold" on the vehicle owner's file. The vehicle owner is not eligible to obtain a metal plate until after the case is adjudicated. Ownership of the vehicle is not considered in plate confiscation due to the serious nature of the offense and the fact that the owner or any person holding a valid driver's license may still drive the vehicle with the paper plate.  Ownership of a vehicle with paper plates may not be transferred to avoid these consequences.

Local jurisdictions may vary their procedures. Generally, the offender is fingerprinted, and a copy of the paper plate, proof of printing, and the officer's report are forwarded to the prosecutor.

Upon conviction, courts may give drivers a Notice of Adjudication form, which may be taken to any Secretary of State (SOS) branch office to clear the hold on the metal plate. A new plate may be purchased at that time. When the abstract of conviction is posted to the driving record, the plate hold is also cleared thus allowing purchase of a metal plate.

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