Have Legal Questions? Ask a Lawyer Now.
Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.
To provide you with accurate information, could you please clarify these points so I can best address your inquiry:
Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.
I'm researching ways to fix your problem. Do you have the statute number under which you were convicted? If not, can you describe what occurred (maybe I can use that information to take an educated guess as to the statute number)?
I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.
Thank you for your patience.
A statute number would be most helpful. However, as indicated above, your description of the crime would be helpful as well.
I searched the Michigan statutes and here's what I found that fits your factual scenario:
750.414 Motor vehicle; use without authority but without intent to steal.
Any person who takes or uses without authority any motor vehicle without intent to steal the same, or who is a party to such unauthorized taking or using, is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $1,500.00. However, in case of a first offense, the court may reduce the punishment to imprisonment for not more than 3 months or a fine of not more than $500.00. However, this section does not apply to any person or persons employed by the owner of said motor vehicle or anyone else, who, by the nature of his or her employment, has the charge of or the authority to drive said motor vehicle if said motor vehicle is driven or used without the owner's knowledge or consent.
This statute is commonly referred to as the unlawful use of a motor vehicle. Additionally, as you can see, it is a misdemeanor, not a felony.
I also located the information on obtaining the CPL. To obtain the license, you can't have been convicted of any felony offenses or of certain misdemeanor offenses. However, this offense is not listed as one of the misdemeanor offenses that would exclude you.
The only logical conclusion is that they have your information wrong. I would suggest obtaining a copy of the judgment and sentence from your case, you can get a copy from the clerk of court. Provide it to the licensing board and they should clear you for the CPL.
I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).