Nonserious misdemeanor; Driving without valid license; MCL 257.904(1); MCL 769.5(3) & (4); People v Mason; Rebuttable presumption of nonjail, nonprobation sentence; Departure sentence; Proportionality; Ability to pay fees & fines; “Manifest hardship”; MCR 6.425(D)(3)

The court held that resentencing was required because the district court did not fully explain why jail was warranted for defendant’s nonserious misdemeanor. Defendant pled guilty to driving without a valid license, and the district court imposed 93 days in jail based on her repeated license, registration, and insurance violations. The circuit court affirmed. On appeal, the court held that MCL 769.5 creates a rebuttable presumption that a nonserious misdemeanor should receive a “fine, community service, or other nonjail or nonprobation sentence,” and a court may depart only if it states “reasonable grounds” on the record. The court recognized that defendant’s lengthy history of traffic violations was relevant, but held that the district court could not rely on unpaid fines without findings that she could pay without “manifest hardship” and failed to make a good-faith effort. The court reasoned the district court’s conclusion that employment meant she was willfully refusing to pay “does not appear to have been supported by the record.” It also held that the district court did not adequately explain why this offense was outside an ordinary driving-without-a-license case because the “bad driver” finding was not fully supported. Sentence vacated and remanded for resentencing.