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Navigating the legal maze after a vehicular accident can be daunting, especially when you’re worried about potential criminal charges. In Michigan, there are specific laws outlining your responsibilities and obligations if you find yourself in such a situation. Here, we’ll break down these laws.
Michigan Law 257.617: Accidents Resulting In Serious Impairment Or Death
According to Michigan Law 257.617, if you’re involved in an accident and you have reason to believe it has led to “serious impairment of a body function or death,” you must immediately stop at the accident scene. Failing to do so and leaving the scene can result in severe penalties, including felony charges.
Penalties And Consequences
- If the collision causes impairment that is serious but not death, the penalty is up to 5 years in prison, a fine up to $5,000, or both.
- If the accident causes someone’s death, the penalty is up to 15 years in prison, a fine up to $10,000, or both.
Michigan Law 257.617a: Accidents Resulting In Personal Injury
Michigan Law 257.617a addresses accidents that result in injury but not severe impairment or death. If you are the driver and you know or have reason to believe you’ve been involved in such an accident, you must stop your vehicle at the accident scene.
Penalties And Consequences
If you violate this law, you may be found guilty of a misdemeanor, which is punishable by up to 1 year in prison, a fine up to $1,000, or both.
Michigan Law 257.618: Accidents Causing Damage To Vehicles
Michigan Law 257.618 deals with accidents causing damage to another vehicle. Here too, you are obligated to stop at the scene.
Penalties And Consequences
The penalty for not stopping can result in a misdemeanor charge, with a sentence of up to 90 days in jail, a fine up to $100, or both.
Michigan Law 257.618a: Moving The Vehicle From Roadway
If you are involved in an accident but it is not believed to have caused serious injury or death, Michigan Law 257.618a states that you must move your vehicle off the main road if it’s safe to do so.
Penalties And Consequences
Failure to move your vehicle when required is considered a civil infraction.
Michigan Law 257.619 And 257.620: Duties Of The Driver
Michigan Laws 257.619 and 257.620 detail what you must do at the scene of the accident. You have to provide your name, address, vehicle registration number, and show your license to a police officer or the other party involved.
Michigan Law 257.622: Reporting To The Police
Finally, Michigan Law 257.622 mandates that you must report any accident that causes injury, death, or property damage of more than $1,000 to the nearest police station immediately.
Defenses Against Hit And Run Charges In Michigan
Lack Of Knowledge
One of the elements of the statute specifies that the driver must “know or have reason to believe” that they were involved in an accident. If you genuinely were unaware that an accident occurred, this could be a defense.
Honest Belief Of No Serious Harm
The law allows for a driver to leave the scene if they have an “honest and reasonable belief that continuing to remain at the crash scene will cause further harm.” If you left because you felt endangered (e.g., you were in an unsafe neighborhood), this might be a valid defense.
Vehicle Not Capable Of Safe Removal
Section 257.618a specifies conditions for moving a vehicle off the roadway. If your vehicle was too damaged to move safely, as specified in the statute, this could be a defense against the civil infraction.
Complied With Duties Under Section 257.619
If you complied with the duties outlined in Section 257.619—such as sharing information and rendering assistance—then you could argue that you did fulfill the statute’s requirements.
Reporting To Authorities
The law requires the driver to report the incident to the nearest police station. If you took immediate steps to report the incident to the authorities, this might mitigate charges against you.
Frequently Asked Questions About Michigan’s Hit And Run Statutes
What Constitutes A Hit And Run In Michigan?
According to Section 257.617, a hit and run occurs when a driver involved in an accident resulting in death or serious injury fails to stop at the scene and report the incident to law enforcement authorities. Sections 257.617a and 257.618 focus on accidents causing injury and damage. Not stopping and reporting these incidents may also be considered hit and run offenses.
What Are The Penalties For A Hit And Run In Michigan?
Under Section 257.617, if the accident caused death, the penalty could be a felony conviction with up to 15 years imprisonment. If the accident caused serious injury, the penalty could be up to 5 years imprisonment. Section 257.617a stipulates that violations resulting in minor injury are misdemeanors, which could involve less severe punishments like smaller fines or shorter jail terms.
Can Ignorance Be Used As A Defense?
Michigan law specifies that the driver must “know or have reason to believe” that they were involved in an accident. Therefore, if you genuinely did not know you were involved in an accident, you may have a viable defense. However, proving this in court can be challenging.
What If I Felt Unsafe Stopping At The Scene?
Section 257.617a allows for a driver to leave the scene if they have an honest and reasonable belief that continuing to remain at the scene will cause further harm.” This could be a valid defense if, for example, you were in a dangerous neighborhood and felt unsafe stopping.
What Information Am I Required To Share After An Accident?
According to Section 257.619, you are required to provide your name, address, and vehicle registration number to the other parties involved in the accident or to a police officer. Failure to do so could result in additional charges.
Do I Have To Move My Car Off The Roadway?
Section 257.618a specifies conditions for moving a vehicle off the roadway after an accident. If your vehicle is too damaged to move safely, this could serve as a defense against a civil infraction related to not clearing the road.
What If The Damage Is Minimal?
According to Section 257.622, any accident causing property damage exceeding $1,000 must be immediately reported to the authorities. If the damage is less than this amount, the reporting requirement may not apply, though you are still expected to stop and exchange information.
Facing Criminal Charges? Secure A George Law Hit And Run Attorney Today.
The laws make it clear that you have both legal and ethical responsibilities if you are involved in an accident. Violation of these laws can lead to severe penalties, including imprisonment. So, it is crucial to be aware of these laws and act accordingly to avoid any criminal charges. If you find yourself in a situation where you may face charges, consult a Michigan criminal defense law firm immediately for legal counsel.
If you or a loved one is entangled in vehicle accident or hit and run charges, the path ahead can be full of anxiety and uncertainty. You need an advocate, a voice, and above all, an experienced criminal defense lawyer to steer you through the complex legal maze. Don’t leave your future to chance. At George Law, we are known for providing vigorous criminal defense in MI. Our criminal defense lawyers will fight tirelessly for your rights and strive for one of the best possible outcomes. To secure your shield in the judicial arena, call us now at (248) 247-7459 or click online to schedule your initial consultation.
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