Fenton, MI asked in Criminal Law for Michigan

Q: If a person has no driver's license, no insurance, has someone else plate. Also second accident just off probation. How

How much time will he serve in jail? Can this be seen as a habitual offender?

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1 Lawyer Answer
Daniel Hilf
Daniel Hilf
  • Criminal Law Lawyer
  • Troy, MI
  • Licensed in Michigan

A: The charges are likely to be misdemeanor charges. Driving while license suspended is a 93 day misdemeanor, that can be enhanced to a 1 year maximum misdemeanor if you have a prior conviction for the same. No insurance is a 1 year maximum misdemeanor (it can be charged as a civil infraction as No Proof of Insurance). Plate violation is a 9o day maximum misdemeanor. Being in an accident is usually a civil infraction (Failure to Stop an Assured Clear Distance).

How much jail you serve is at the discretion of your Judge if you are convicted. There is no mandatory minimum jail sentence for these offenses, so a Judge could elect to give you no jail time if he/she wants to. With your history a lawyer is recommended.

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