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MI HB5961

Bill

Status

Introduced

3/17/2010

Primary Sponsor

LaMar Lemmons

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

  • Amends section 625a of the Michigan Vehicle Code to allow peace officers to establish "reasonable cause to believe" for DUI arrests based on observations from anonymous tipsters or other persons, not just the officer's own observations.

  • Permits arrests without a warrant for suspected drunk driving violations based on reasonable cause derived from identified or anonymous third-party reports relayed to law enforcement.

  • Allows preliminary chemical breath analysis results to be used as evidence in criminal prosecutions and administrative hearings to support arrest validity or rebut testimony about the defendant's blood alcohol content.

  • Establishes that refusal to submit to a preliminary breath analysis constitutes a civil infraction for regular drivers, but a misdemeanor (up to 93 days imprisonment or $100 fine) for commercial motor vehicle operators, with a mandatory 24-hour out-of-service order.

  • Requires peace officers to use preliminary breath analysis results to determine whether to issue out-of-service orders for commercial drivers under section 319d.

Legislative Description

Criminal procedure; evidence; reasonable cause to arrest a drunk driver to be provided by identified or anonymous tipster; allow. Amends sec. 625a of 1949 PA 300 (MCL 257.625a).

Crimes, drunk driving

Last Action

Printed Bill Filed 03/18/2010

3/18/2010

Committee Referrals

Judiciary3/17/2010

Full Bill Text

No bill text available