Cases

Green v. Secretary of State, Not Reported in N.W.2d (2013)

The Secretary of State appeals as of right the trial court’s order restoring full driving privileges to Christopher Thomas Green. Affirmed.

People v. Hammoud, Not Reported in N.W.2d (2012)

Defendant Kazem Hammoud appeals by leave granted the circuit court’s order affirming his bench-trial conviction of operating a motor vehicle with a suspended license (DWLS) pursuant to a Dearborn City Ordinance that is substantively identical to MCL 257.904(1). The district court sentenced defendant to 24 months of probation with the first 30 days to be served in jail. Reversed and remanded for entry of an acquittal.

People v. Nunley, 491 Mich. 686 (2012)

In prosecution for second-offense driving while license suspended (DWLS), the 15th District Court denied the prosecution’s motion in limine to admit a certificate of mailing, as generated by Department of State (DOS), as proof that defendant received notice that his license was suspended. Interlocutory appeal was granted. The Circuit Court, Washtenaw County, affirmed district court’s ruling that admission of certificate without testimony would violate Confrontation Clause. Prosecution’s interlocutory application for leave to appeal was granted. The Court of Appeals affirmed. The Supreme Court granted leave to appeal. The Supreme Court held that certificate of mailing was not “testimonial” under Confrontation Clause, such that admission of certificate did not require accompanying witness testimony. Judgment of Court of Appeals reversed; case remanded to district court.

Taylor v. Secretary of State, 216 Mich.App. 333, 548 N.W.2d 710 (Mich. Ct. App. 1996)

Statutes requiring applicants for group vehicle designations to have not suffered suspension or revocation of their driving privileges within 36 months preceding application and providing that circuit courts lacked jurisdiction to review denials of applications based on such ground constituted exercise of state’s power to enhance safety, and concomitant life, health and welfare of public, in use of state’s road system, and therefore retroactive application of such statutes did not violate constitutional prohibition against ex post facto laws.

Statutes

Adoption of Federal Regulations

What Constitutes a CMV

Major Disqualifying Offenses

Major Disqualifying Offenses (Alcohol)

Serious Traffic Offenses

Identification of Conviction

Masking Convictions

10-Day Posting Requirement

Other CDL Provisions

Resources

News

Broadcast Library

Traffic Jam: How Commercial Drivers Impact Human Trafficking in Courts

Course Description:

This webcast explores the complex and pressing issue of human trafficking (both labor and sex) through the lens of judicial leadership and commercial transportation. This session sheds light on how commercial motor vehicle (CMV) drivers can play a pivotal role in perpetuating and preventing human trafficking crimes. Participants are guided through foundational frameworks, federal and state legal structures, and real-world implications of trafficking. Emphasis is placed on breaking myths, spotting signs of exploitation, and fostering proactive judicial responses in local contexts.

 

Course Objectives:

After this course, participants will be able to:

  • Understand the forms, tactics, and prevalence of human trafficking, including distinctions between sex and labor trafficking.

  • Gain practical strategies for identifying trafficking indicators and effectively respond to cases in judicial and community contexts, and

  • Comprehend the unique legal frameworks affecting Commercial Driver’s License (CDL) holders, particularly the implications of trafficking-related convictions under the No Human Trafficking on Our Roads Act.

Impaired Driving and Alcohol/Drug Issues within Commercial Drivers’ License (CDL) and Commercial Motor Vehicle Cases

Course Description:

This national webcast provides judges with a comprehensive overview of current laws and emerging issues related to impaired driving within the context of Commercial Drivers’ License (CDL) and Commercial Motor Vehicles (CMV) cases. Topics include the federal and state legal frameworks governing alcohol and drug use among commercial drivers, with a particular focus on marijuana-related offenses and enforcement challenges.

 

Course Objectives:

After this course, participants will be able to:

● Identify current CDL/CMV alcohol and drug impaired driving elements and issues;

● Explain the concept of “masking” within CDL/CMV cases and recognize its state & federal impacts; and

● Reinforce foundational knowledge of current compliance requirements for CDL/CMV impaired driving cases.

Come to Order – Episode Four

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Four: Autonomous Vehicles – January 16, 2025

In this fourth and final episode on autonomous vehicles, Judges Fowler and Williams-Byers analyze the probable cause and privacy issues that arise with autonomous vehicles. How are level one and two autonomous vehicles hindering basic traffic stops today and what happens if police stop a fully autonomous vehicle with no driver? Judges, listen to find out!

Come to Order – Episode Three

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Three: Autonomous Vehicles – December 30, 2024

In the third episode in our series on autonomous vehicles, Judge Fowler and Judge Williams-Byers analyze how advancements in vehicle technology could impact impaired driving cases. When do drivers have actual physical control over autonomous vehicles and what impact will a law’s use of the word operating versus driving impact a case? Tune in to find out!

Come to Order – Episode Two

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode Two: Autonomous Vehicles – December 9, 2024

This episode of Come to Order continues the discussion on autonomous vehicles, focusing on level 4 and level 5 vehicles. The judges discuss the future of passenger vehicles at this level as well as commercial level 4 vehicles that are on the road today.

Come to Order – Episode One

Come on the road with The National Judicial College Judicial Ambassadors as they educate judges on a wide variety of topics related to keeping America’s highways safe including CDL issues, masking, autonomous vehicles, human trafficking and more. If it happens on the highway, we talk about it here.

Episode One: Autonomous Vehicles – December 2, 2024

The first of a four-part series on autonomous vehicles, this episode introduces judges to levels 0-2 vehicles in the autonomous vehicle taxonomy and discusses emerging legal issues starting to appear in courtrooms. Level 1 and Level 2 (which includes Tesla cars and trucks) are prevalent on the roads across the country today. Judicial Ambassadors Judge Thomas Fowler from Arkansas and Judge Gayle Williams-Byers lead the discussion. Hosted by NJC Communications Director Barbara Peck.