A hit-and-run occurs when a driver involved in a collision flees the scene without stopping to fulfill their legal obligations, such as providing necessary information or rendering aid to injured parties. In Michigan, this behavior is considered a criminal offense and is punishable by law. The state has implemented specific regulations and penalties to deter and address these incidents, aiming to ensure accountability and justice for the victims. Understanding the causes, consequences, and legal implications of hit-and-run incidents is crucial for fostering safer roadways and promoting responsible driving behaviors in Michigan.
If you have been charged with a hit-and-run offense in Michigan, do not hesitate to contact Michigan Defense Law. Our knowledgeable Michigan criminal defense lawyers have experience in handling hit-and-run cases and is dedicated to protecting your rights. We work diligently to construct a strong legal defense for our clients and strive for the best possible outcome in their cases, whether it means reducing the charges or dismissing the charges entirely. Schedule a free consultation today by calling us at (248) 451-2200.
Michigan Hit and Run Laws
A hit-and-run incident is defined as any accident involving a motor vehicle where the driver responsible for the collision fails to stop and exchange necessary information, such as contact and insurance details, or fails to report the accident to the appropriate authorities as required by law. This can happen in cases where the driver hits another vehicle, a pedestrian, or even stationary property, such as buildings or street signs. The victim of the incident could be another driver, a motorcyclist, a bicyclist, or a pedestrian. Regardless of the extent of the damage or severity of injuries, leaving the scene of an accident without fulfilling your obligations as a driver is considered a hit-and-run.
In Michigan, hit-and-run laws are enforced to protect victims of car accidents and ensure negligent or reckless drivers are held responsible for their actions.
Misdemeanor vs Felony in Michigan
In Michigan, hit-and-run offenses can be classified as either misdemeanors or felonies. In general, a misdemeanor is considered to be a lesser criminal offense, carrying lighter penalties upon conviction. Felony offenses, on the other hand, are more serious and carry heavier penalties. The classification of a hit-and-run offense in Michigan depends on several factors, such as the extent of property damage caused, and whether the accident caused physical injuries or death of another party.
Property Damage
In cases of property damage, a hit-and-run offense may be considered a misdemeanor. Drivers involved in an accident where only property has been damaged must still follow the legal requirements to exchange information and report the collision to law enforcement. This is true even if the property the driver collided with is stationary. Failing to do so can lead to misdemeanor charges, which can result in fines and potential jail time.
Physical Injuries and Death
If a hit-and-run accident results in physical injury, the charges will likely be elevated to a felony. In such cases, drivers can face severe legal consequences for failing to follow the proper procedures after an accident. Those found guilty may face harsher fines, and potentially longer prison sentences, than those who were involved in accidents resulting only in property damage.
Hit-and-run offenses involving death are treated as the most severe cases in Michigan. If you are found guilty of causing a fatal accident and fleeing the scene, you will likely be charged with a serious felony offense.
Other Criminal Factors
Apart from the extent of damage and injuries, other factors can increase the severity of a hit-and-run charge, such as DUI or reckless driving. For instance, if you flee the scene of an accident and are later found to have been under the influence of alcohol or drugs, or if you were driving recklessly, you may face additional criminal charges alongside the hit-and-run offense.
| Factors Affecting the Severity of Hit and Run Charges in Michigan | Details |
|---|---|
| Property Damage | Hit and run offense involving property damage is typically considered a misdemeanor. Drivers must exchange information and report the collision to law enforcement. Failure to do so can result in fines and potential jail time. |
| Physical Injuries | Hit and run accidents resulting in physical injuries are usually elevated to a felony offense. Failure to follow proper procedures after an accident can lead to severe legal consequences. Guilty parties may face harsh fines and longer prison sentences. |
| Death | Hit and run cases involving death are treated as the most severe in Michigan. Fleeing the scene after causing a fatal accident can result in serious felony charges. Heavy fines and long-term prison sentences are possible outcomes. |
| Other Criminal Factors | Additional criminal factors like DUI (Driving Under the Influence) or reckless driving can increase the severity of hit and run charges. If under the influence of alcohol or drugs, or driving recklessly, additional criminal charges may be faced alongside the hit and run offense. |
Legal Requirements for Michigan Drivers Involved in an Accident
According to Michigan law, drivers involved in an accident must follow certain requirements to avoid criminal charges:
- Stop immediately at the scene of the accident or as close as possible without obstructing traffic.
- If the accident resulted in injury or death, provide reasonable assistance to the injured person, including calling emergency services and, if necessary, transporting the injured person to a medical facility.
- Exchange personal information with the other driver, such as name, address, driver’s license number, vehicle registration, and insurance information.
- If the other driver is injured or incapacitated and cannot exchange information, make reasonable efforts to inform law enforcement or emergency personnel.
- If an unattended property is damaged, make reasonable efforts to locate the owner and provide your personal information. If the owner cannot be found, leave a note with your contact and vehicle information in a conspicuous location and report the accident to law enforcement.
By following these legal requirements, Michigan drivers can avoid hit-and-run charges and ensure they fulfill their obligations when involved in an accident.
Penalties for Hit and Run in Michigan
Depending on the circumstances of the accident, a hit-and-run conviction in Michigan can result in either a misdemeanor or a felony. Each type of charge carries its own penalties and consequences, which can include fines, imprisonment, license suspensions, points on a driver’s record, community service, and paying restitution to the injured party.
Misdemeanor Hit and Run
A misdemeanor hit and run in Michigan typically involves an accident that results in property damage only, with no injuries to persons.
If you are involved in a collision and leave the scene without providing your name, address, and vehicle registration number to the other driver involved or to law enforcement, you can be charged with a misdemeanor hit and run. The penalties for a misdemeanor hit and run in Michigan can include:
- Imprisonment for up to 90 days.
- A fine of up to $100.
- Points added to your driving record.
- Possible driver’s license suspension or restrictions.
Note that the penalties for a misdemeanor hit and run can be more severe if the accident occurred in a road construction zone, resulting in a higher fine and additional points on your driving record.
Penalties for Felony Hit and Run
A felony hit and run in Michigan involves an accident that results in injury or death to another person. Fleeing the scene in this case can lead to severe penalties. The consequences for a felony hit-and-run can vary depending on the outcome of the accident.
Jail Time
If the accident results in serious impairment of a bodily function or death, the offender can face imprisonment as follows:
- Serious impairment of a bodily function: imprisonment for up to 5 years.
- Death: imprisonment for up to 15 years.
Fines
In addition to jail time, felony hit-and-run convictions can result in substantial fines:
- Serious impairment of a bodily function: a fine of up to $5,000.
- Death: a fine of up to $10,000.
Driver’s License Suspension
A conviction for a felony hit and run can result in a driver’s license suspension for a period of time determined by the court, which can be for several months or years. In some cases, a restricted driver’s license may be granted for specific purposes, such as work or medical appointments.
Points on Driver’s Record
A felony hit-and-run conviction will result in 6 points being added to the offender’s driving record. Accumulating too many points can lead to additional penalties, such as increased insurance premiums or further license suspensions.
Community Service
The court may require an offender to complete a set number of community service hours as part of their sentence. This can vary depending on the severity of the accident and other factors in the case.
Restitution
In addition to the penalties mentioned above, a person convicted of a hit-and-run may be ordered to pay restitution to the victim or victims of the accident. Restitution can cover expenses such as medical bills, property damage, lost wages, and other related costs.
In some cases, it is also possible for the driver to face a civil case on top of the criminal charges. These types of civil cases are filed by the injured party
It is essential to remember that leaving the scene of an accident is a serious violation of the law, and the consequences are severe. If you find yourself involved in an accident, getting the help of an experienced Michigan criminal defense attorney is crucial.
Common Defenses for Hit and Run Charges
Being charged with a hit and run can be a stressful and overwhelming experience. The options for defense in hit-and-run cases are specific to the circumstances of the accident. Based on the facts of your case, your criminal defense attorney should be able to create a legal strategy tailored to your circumstances. Some of the most common legal defenses for a hit and run in Michigan include the following.
Lack of Knowledge of the Accident
One possible defense is that the accused driver was unaware that an accident occurred. To successfully use this defense, it must be proven that the driver genuinely did not know that there was a collision or any damage to property or bodily injury. This could be due to factors such as road conditions, weather, or the size of the vehicles involved. It is essential to gather substantial evidence, such as witness statements or dashcam footage, to support this defense.
Emergency Situation
Another defense that could be used is that the driver left the scene of the accident due to an emergency or the need to protect their safety or the safety of others. For example, a driver might have left the scene to seek medical attention for themselves or a passenger after being injured in the accident. Alternatively, they may have fled due to a genuine fear of harm, such as in cases of road rage or physical altercations. It is crucial to provide evidence supporting the existence of the emergency or danger, including the timeline of events and any relevant documentation.
Mistaken Identity
Lastly, a case of mistaken identity could potentially be used as a defense in hit-and-run charges. This could occur if the actual driver left the scene of the accident, and a different person became the accused. Mistaken identity cases could arise from inaccurate witness descriptions or confusion regarding the vehicles involved in an accident. A solid defense strategy would include documentation and witness testimony to corroborate the argument that the accused was not the driver at fault.
Working with an Experienced Michigan Criminal Defense Attorney
Obtaining the assistance of a seasoned Michigan criminal defense attorney is crucial when facing a hit-and-run case. With their comprehensive understanding of Michigan’s laws surrounding such offenses, they play a vital role in navigating the intricacies of your situation.
At Michigan Defense Law, criminal defense lawyer and founder Paul J. Tafelski, and our team of skilled attorneys leverage their extensive experience in crafting personalized defense strategies for our clients. Our tailored strategies are aimed at challenging the prosecution, negotiating for reduced charges, or pursuing alternative resolutions.
Throughout the legal process, our duty is to protect our clients’ rights, providing guidance and advocacy during negotiations or trial. When facing a hit and run charge in Michigan, it is crucial to act swiftly and secure legal representation. Our Michigan criminal defense attorneys have experience in handling hit-and-run cases and are dedicated to safeguarding your rights and pursuing the best possible outcome for your case. Contact us today at (248) 451-2200 to arrange a free consultation.
