Legal Question in Criminal Law in Michigan

I was convicted of Attempted Fleeing and Eluding.

I was convicted of Attempted Fleeing and Eluding but the SOS still considersit a Felony.

What can I do?


Asked on 3/12/08, 9:33 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: I was convicted of Attempted Fleeing and Eluding.

The Secretary of State does not list a conviction as a "felony" or "misdemeanor" on the person's driving record. Did you mean to say that the MSP CCH (criminal history) lists it as a 'felony'?

The statutes that explain how points are assigned for various convictions do not give the person a "point break" if they are convicted of an "Attempt". They get the points for the primary, completed crime.

The "Attempt" statute [MCL 750.92] merely cuts the maximum jail/prison, may change the maximum fine that can be imposed, and may change the offense from a 'felony' to a 'misdemeanor'. However, if the original crime was a 4-year felony, a conviction for "attempted ___" becomes a 2-year "high court misdemeanor", which is still treated as a prior felony when scoring the felony sentencing guidelines in a subsequent felony.

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Answered on 3/13/08, 8:21 am


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