Thursday, December 30, 2010

Michigan's Reckless Driving Law

Under Michigan law, reckless driving is defined as driving a vehicle with a "willful and wanton disregard" for the safety of people or property. The Michigan Legislature amended the law as of 2010 to include penalties where reckless driving involves injury or death. DefinitionUnder Michigan law, "willful and wanton" denotes knowing that your actions are risky or unsafe yet intentionally proceeding without change or minimizing the risk. For example, speeding and weaving through traffic to make the light before it turns green would be considered a willful and wanton act.ConsiderationsWhile the law's "disregard for the safety" clause clearly applies to people and property at risk outside of the driver, the law also includes the driver himself. For example, driving at speeds in excess of 200 miles per hour on a country road with no other cars may still result in a reckless driving conviction, because the driver put himself and his car at risk of injury or damage.Scope of the LawReckless driving applies to operating a vehicle at anyplace openly accessible to the general public, including: highways, roads, frozen ponds, lakes and rivers as well as parking lots. Additionally, the law allows for some discretion by law enforcement in determining what "a place open to the pubic" is.Standard PenaltiesA conviction for a reckless driving charge is a misdemeanor. A court may impose up to 93 days in jail and a maximum fine of $500.2010 AmendmentsEffective as of October 31, 2010, the law includes enhanced penalties for the most serious incidents of reckless driving. Under the amendments, if the circumstances lead to injury of another person, the driver would be guilty of a felony and face a potential prison sentence of five years and a fine of up to $5,000. Additionally, if the circumstances lead to the death of another person, the driver would also be guilty of a felony but face a potential 15 year prison sentence as well as a fine between $2,500 and $10,000.

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