Sec. 82128.
(1) If a person is convicted of violating section 82127(1), the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor and may be punished by 1 or more of the following:
(i) Community service for not more than 45 days.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not less than $100.00 or more than $500.00.
(b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to a fine of not less than $200.00 or more than $1,000.00 and either of the following:
(i) Community service for not less than 10 days or more than 90 days, and may be imprisoned for not more than 1 year.
(ii) Imprisonment for not less than 48 consecutive hours or more than 1 year, and may be sentenced to community service for not more than 90 days.
(c) If the violation occurs after 2 or more prior convictions regardless of the number of years that have elapsed since any prior conviction, the person is guilty of a felony and shall be sentenced to imprisonment for not less than 1 year or more than 5 years or a fine of not less than $500.00 or more than $5,000.00, or both.
(2) A term of imprisonment imposed under subsection (1)(b)(ii) or (1)(c) shall not be suspended unless the defendant agrees to participate in a specialty court program and successfully completes the program.
(3) A person sentenced to perform service to the community under this section shall not receive compensation and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that service if ordered by the court.
(4) In addition to the sanctions prescribed under subsection (1) and section 82127(4) and (5), the court may, under chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1 to 769.36, order the person to pay the costs of the prosecution. The court shall also impose sanctions under section 82142.
(5) A person who is convicted of violating section 82127(2) is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days or a fine of not less than $100.00 or more than $500.00, or both.
History: Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 1999, Act 22, Eff. Oct. 1, 2000 ;-- Am. 2014, Act 404, Eff. Mar. 31, 2015 ;-- Am. 2020, Act 385, Eff. Mar. 24, 2021 Popular Name: Act 451Popular Name: NREPAPopular Name: Snowmobiles
Structure Michigan Compiled Laws
Chapter 324 - Natural Resources and Environmental Protection
Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)
Article III - Natural Resources Management (324.30101...324.83109)
451-1994-III-4 - Chapter 4 Recreation (324.70101...324.83109)
451-1994-III-4-6 - Subchapter 6 Motorized Recreational Vehicles (324.81101...324.82161)
451-1994-III-4-6-SNOWMOBILES - Snowmobiles (324.82101...324.82161)
451-1994-III-4-6-SNOWMOBILES-821 - Part 821 Snowmobiles (324.82101...324.82161)
Section 324.82101 - Definitions.
Section 324.82102 - Snowmobiles; Exemption From Taxes and Fees.
Section 324.82102a - Michigan Snowmobile Advisory Committee.
Section 324.82104 - Special Event; Certificate of Registration or Registration Decal Not Required.
Section 324.82105a - Fees; Delinquency; Penalty; Deposit and Use of Collected Penalties.
Section 324.82108 - Snowmobile Safety Education and Training Program.
Section 324.82110a - Permanent Snowmobile Trail Easement Subaccount.
Section 324.82111 - Snowmobile Registration Fee Subaccount; Creation.
Section 324.82112 - Operation of Snowmobile Program; Review of Effectiveness; Report.
Section 324.82117 - Dealers; Duties; Liability Insurance.
Section 324.82118 - Michigan Snowmobile Trail Permit; Exceptions.
Section 324.82121 - Use of Snowmobile to Hunt Wild Bird or Animal.
Section 324.82123 - Crash Helmet Required.
Section 324.82126a - Operation of Snowmobile; Prohibited Conduct; Violation as Civil Infraction.
Section 324.82126b - Operation of Snowmobile; Prohibited Conduct; Violation as Misdemeanor; Penalty.
Section 324.82128 - Violations; Sanctions.
Section 324.82129 - Violations; Sanctions.
Section 324.82129a - Violation of MCL 324.82127(6); Sanctions; Community Service.
Section 324.82129b - Violation of MCL 324.82127(7)(a) or (B); Sanctions; Community Service.
Section 324.82130 - Enhanced Sentence; Listing of Prior Convictions; Attempted Violation.
Section 324.82132 - Accidents; Notice; Reports.
Section 324.82134 - Violations; Appearance Tickets; Presumption.
Section 324.82136 - Arrest Without Warrant; Preliminary Chemical Breath Analysis.
Section 324.82137 - Chemical Tests and Analysis of Person's Blood, Urine, or Breath; Provisions.
Section 324.82140 - Refusal to Submit to Chemical Test; Admissibility.
Section 324.82142 - Consideration of Prior Convictions; Sanctions.
Section 324.82144 - Refusal to Submit to Chemical Test; Court Order; Report to Secretary of State.
Section 324.82145 - Refusal to Submit to Chemical Test; Notice of Right to Hearing.
Section 324.82151 - Ex Parte Order to Stay Pending Order.
Section 324.82153 - Impoundment of Snowmobile.
Section 324.82154 - Conviction Based on Plea of Nolo Contendere.
Section 324.82156a - Disclosure of Personal Information; Uses.
Section 324.82157 - Abstract or Record to Be Kept by Court Clerk of Record.
Section 324.82159 - Person Arrested Without Warrant to Be Taken Before Magistrate or Judge.
Section 324.82160 - Prohibited Conduct; Violations as Felony; Penalties.
Section 324.82161 - Abandonment of Snowmobile Prohibited; Presumption; Violation; Civil Infraction.