South Carolina/Michigan ticket reciprocity
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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".
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Answer:
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 [INFORMATION SOURCES] Defined above [SEARCH STRATEGY] SEARCH ENGINE(S) USED: Google ://www.google.com [SEARCH TERMS USED] Michigan South Carolina Speeding Careless driving Reckless driving NRVC DLC Points Tickets Citations Violations Assess
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