Understanding traffic laws is critical in Michigan for maintaining road safety and preventing accidents. By adhering to these regulations and engaging in safe driving practices, drivers can better anticipate hazards, ensure a smooth traffic flow, and minimize conflicts on the road.
Knowledge of Michigan's traffic laws also helps drivers avoid legal penalties, including fines, points on the driving record, and potential license suspension. Additionally, traffic violations can increase insurance premiums, making compliance even more important.
The Michigan Secretary of State (SOS) and the Michigan State Police (MSP) play pivotal roles in enforcing traffic laws and regulations.
The Michigan SOS is responsible for maintaining driving records, managing driver's licenses, and overseeing rehabilitation programs for offenders. The MSP, on the other hand, focuses on enforcing traffic laws through patrolling and investigating traffic-related incidents.
What Are the Major Traffic Violations in Michigan?
Under Michigan road traffic laws, traffic offenses are categorized into moving and non-moving violations. Moving violations involve serious criminal offenses committed while the vehicle is in motion.
These include driving under the influence (DUI), reckless driving, and operating a vehicle without a valid license. Such violations are often classified as misdemeanors or felonies and can lead to severe penalties, including imprisonment.
In contrast, non-moving violations occur when the vehicle is stationary and typically include offenses such as parking violations or operating a vehicle without required paperwork. These violations are generally classified as infractions and are considered less severe. They usually result in traffic tickets, fines, and point implications rather than imprisonment.
Speeding
Speeding is a significant traffic violation in Michigan, regulated under two main laws: the basic speeding law and absolute speed limits, as specified in Michigan Compiled Laws (MCL) Section 257.627.
The basic speeding law requires drivers to operate their vehicles at a "careful and prudent speed" that is appropriate for the current traffic, road conditions, and other factors. This means drivers must be able to stop safely within the clear distance ahead.
For example, while 55 miles per hour (mph) might be acceptable on a clear day, it could be hazardous on an icy road at night, thus violating this law. Additionally, excessively slow driving, such as moving at 5 mph on a freeway where other vehicles are traveling at 70 mph, can also result in a citation.
Michigan's absolute speed limits are:
- 25 mph in commercial zones
- 25 mph in residential neighborhoods
- 25 mph within public park areas
- 55 mph on county roads, truck routes, and unpaved roads
- 70 mph on expressways and major highways
Speeding is considered a civil infraction, typically resulting in fines of up to $100 and court costs of up to $100. Excessive speeding can add up to five demerit points to the driver's record, though minor infractions (1-5 mph over the limit) usually do not incur points.
Reckless and Careless Driving
Under MCL Section 257.626, reckless driving is defined as operating a vehicle with "willful or wanton disregard for the safety of persons or property," meaning the driver knowingly engages in dangerous behavior.
Penalties for reckless driving in Michigan vary by severity. For standard offenses, which are misdemeanors, drivers may face up to 93 days in jail and/or a fine of up to $500.
If reckless driving causes serious injury, it is treated as a felony, leading to up to five years in prison, fines ranging from $1,000 to $5,000, and possible vehicle immobilization or forfeiture.
When reckless driving causes death, it also constitutes a felony, with penalties including up to 15 years in prison, fines between $2,500 and $10,000, and vehicle immobilization or forfeiture. Additionally, a reckless driving conviction results in a 90-day license suspension and six demerit points on the driving record.
Careless driving, which is less severe, involves negligent driving without intent to endanger and is treated as a civil infraction, resulting in a fine and three points on the driver's record.
Operating While Intoxicated
Under MCL Section 257.625, operating while intoxicated (OWI) is subject to stringent regulations and penalties.
OWI occurs when a driver has a blood alcohol content (BAC) of .08% or above, is impaired by alcohol or drugs, or has any detectable illegal drugs in their system. Similarly, operating while visibly impaired (OWVI) refers to driving with noticeable impairment due to alcohol or drugs.
First-time OWI offenders face up to 93 days in jail, fines from $100 to $500, up to 360 hours of community service, and a 180-day license suspension. Penalties increase for BACs of .17% or higher.
Second-time offenders within seven years can receive five days to one year in jail, higher fines, extended community service, and a one-year license revocation.
A third OWI conviction is a felony, punishable by one to five years in prison, significant fines, and a five-year license revocation. More severe penalties apply if minors, injuries, or fatalities are involved.
For underage drivers, a BAC of .02% or higher leads to fines, community service, and a license suspension, with repeat offenses resulting in more severe penalties
Driving Without a License or on a Suspended License
In Michigan, operating a vehicle without a valid license, whether it is expired, suspended, revoked, or has never been issued, is prohibited. Penalties for driving without a license include up to 90 days in jail and fines ranging from $50 to $100 for individuals who have never been issued a license.
A second offense results in a minimum of two days in jail, with a maximum of 90 days, and fines of up to $100. Drivers who have a license but are not carrying it face misdemeanor charges, which may result in up to 90 days in jail and fines up to $100. If a valid license is shown before the court date, the charge may be dismissed.
Non-residents and military personnel with valid licenses from other states or countries can drive in Michigan without obtaining a state license as long as they meet Michigan's age requirements. New residents must obtain a Michigan license within 30 days.
Driving with a suspended or revoked license incurs fines of up to $500 and up to 93 days in jail. Repeat offenders face fines of up to $1,000 and up to one year in jail. The suspension period is doubled, vehicle registration may be revoked, and vehicles may be impounded for up to 120 days.
If an accident occurs while driving on a suspended license, offenders can face up to five years in prison for injuries or up to 15 years for fatalities, along with substantial fines. The vehicle may also be seized or immobilized.
Driving Without Insurance
In Michigan, drivers are required to have car insurance that includes personal injury protection, property protection, and liability coverage for bodily injury and property damage, as outlined in MCL Section 500.3101. Operating a vehicle without insurance is a misdemeanor that can result in severe consequences.
Offenders may face fines of up to $500, imprisonment for up to one year, and a 30-day license suspension, which may be extended until proof of insurance is presented. Additionally, a $125 service fee is required to reinstate the suspended license.
If an uninsured driver is involved in an accident, they are liable for all medical expenses and repair costs for themselves and others. Moreover, their insurance premiums may increase.
For those who have insurance but fail to provide proof during a traffic stop, submitting the proof before the court date will avoid fines and points but may incur a $25 service fee.
How Does Michigan's Point System Work?
The Michigan driver's license points system, as outlined in MCL Section 257.320(a), tracks traffic violations and assigns penalties based on the number of points accumulated.
Serious offenses like OWI/DUI and leaving the scene of an accident often result in immediate license suspension or revocation. Other violations receive points according to their severity.
For example, severe infractions such as vehicular manslaughter, reckless driving, and refusing a chemical test each result in six points. Violations like operating under the influence, being underage with alcohol content, and speeding 16 mph or more over the limit incur four points.
Moderate offenses, including careless driving and disobeying traffic signals, are assigned three points. Meanwhile, lesser violations, such as speeding up to 10 mph over the limit or having an open container of alcohol, receive two points.
Accumulating points can lead to escalating actions by the SOS, potentially resulting in license suspension. Drivers should understand these point assignments to avoid severe consequences.
To access a complete list of violations and their corresponding assigned points, drivers can refer to the "What Every Driver Must Know: Your Driving Record" provided by the Michigan State Government.
Consequences of Accumulating Points on a Driver's License
In Michigan, accumulating four points on a driving record within two years triggers a warning letter from the SOS about the increased point total. If drivers reach eight points, they receive another letter cautioning them about a potential license suspension if further infractions occur.
Upon reaching twelve points, a mandatory reexamination is required, which may involve a review of the driving record, vision checks, knowledge tests, and a driving skills assessment.
Based on the results of this reexamination, drivers might face restrictions, suspension, or even revocation of their license for an extended period.
Additionally, having a high number of points leads to significantly higher car insurance rates, as insurers consider drivers with many points to be at a greater risk of accidents.
Getting Rid of Points on a Driver's License
Points on a driver's license are not permanent and are automatically removed after two years. However, traffic violations remain on the driving record for seven years, potentially affecting insurance rates.
Drivers can expedite point removal by taking a driver improvement course or challenging the points in court. A driver improvement course, offered online or in-person, allows for the quicker removal of points from certain minor violations.
This course can reduce points for offenses such as speeding up to 25 mph over the limit, improper passing, running a red light, failing to obey a stop sign, and tailgating. Not all violations are eligible for reduction through this course, but it can help manage minor infractions more efficiently.
What Is the Process for Handling Traffic Tickets in Michigan?
In Michigan, traffic tickets issued by law enforcement can be handled by paying them or contesting them in court. Paying the ticket is considered an admission of guilt and may result in penalties.
Meanwhile, contesting the ticket requires a court appearance, where a defendant can represent themselves or hire a lawyer. If the court finds the defendant not guilty, the ticket is dismissed. If guilty, fines and penalties are imposed.
Paying the Traffic Ticket
Paying a traffic ticket is often advisable when drivers acknowledge their infraction and wish to avoid a court appearance. However, this approach is an admission of guilt and may result in a driver's license suspension and higher car insurance rates.
In Michigan, traffic tickets can be paid online, by phone, by mail, or in person. The ticket usually provides details about payment deadlines, amounts, and penalties.
Online payment options are only available for traffic fines related to civil infractions, such as speeding, that generally do not require a court appearance or detailed explanation. Such payment methods are currently available in 29 District Courts.
Motorists can also use the e-PAY system, accessible through the One Court of Justice website, to pay their fines using Visa, MasterCard, or Discover.
To make an online payment, the offender's last name, date of birth, ticket number, driver's license number, or license plate number must be entered. Accurate information entry is crucial for proper processing.
If the ticket is unavailable online, contacting the appropriate district court before the deadline is recommended to avoid further issues.
Fighting the Citation
Contesting a traffic ticket in Michigan is another option for traffic offenders, though it may involve additional costs such as court fees, fines, and attorney fees. If successful, fines might be refunded, but court fees generally are not. If the court rules against the driver, the specified legal penalties must be faced.
To contest a ticket, drivers must visit the courthouse in the district or municipality where the violation occurred to schedule a hearing. Michigan's District Courts handle most traffic violations, while Municipal Courts have jurisdiction over some cases. The ticket will indicate the specific court and provide directions.
Drivers can choose between a formal or informal hearing. An informal hearing involves the driver and the issuing officer without requiring legal representation. In a formal hearing, a prosecutor represents the officer, and the driver may also have an attorney.
Both parties present evidence, and the judge or magistrate decides based on the presented evidence. Responding to the ticket within 14 days is crucial to avoid a default judgment, which can result in a license suspension and additional reinstatement fees.
How Are Accident Reports Handled in Michigan?
In Michigan, drivers must report accidents that result in over $1,000 in property damage, injury, death, or damage to unattended property or vehicles, as specified under MCL Section 257.622. Additionally, local regulations, such as Detroit's mandate to report any accident rendering a vehicle undrivable, may apply.
While drivers are not typically required to draft an official report, they must promptly notify the police of the incident. Drivers are advised to draft their accident reports if police cannot attend the scene. This report aids in insurance claims and should include:
- Description of the incident and those involved
- Names and insurance details of each party
- Witness names and their statements
- Details of injuries and property damage
- Diagram of the accident site
- Photos and video statements of the damage
Failure to report an accident can lead to severe legal consequences. Hit-and-run offenses can result in a suspended license, fines, and misdemeanor or felony charges. Penalties for accidents causing serious injury or death can include up to 15 years in prison and $10,000 in fines.
Mechanics are also required to report vehicles showing signs of accident damage. According to MCL Section 257.623, repair shop managers must notify the nearest police station or sheriff's office when receiving such a vehicle.
They must provide the vehicle's engine number, registration number, and the owner's details to check for involvement in recent accidents.
Ordering a Michigan Accident Police Report
Vehicle owners who need a copy of the State of Michigan Traffic Crash Report (UD-10) can request it directly from the law enforcement agency that responded to the incident. This form is the official document completed by the police following a car accident.
Drivers also have the option to purchase the accident report online through the MSP Traffic Crash Purchasing System.
To successfully order the report, they need relevant details such as the drivers' names, the responding agency's name, and the report number. Moreover, there may be a nominal fee for obtaining the report.
What Should Drivers Know about Traffic-Related Arrests in Michigan?
In Michigan, law enforcement officers can arrest individuals if they have a warrant or probable cause, which means there is reasonable evidence suggesting a crime has been committed.
Upon arrest, officers are required to read the Miranda rights, which guarantee the individual knows they have the right to remain silent and the right to an attorney. Anything said can be used in court, so waiting for legal representation before speaking is advisable.
The arrested person is then taken to a police station for booking, where their personal information, fingerprints, and photographs are recorded. Individuals have the right to make a phone call post-arrest to contact a family member, friend, or attorney to ensure they obtain legal assistance promptly.
After booking, the individual may be held in custody or released with a scheduled court appearance. If held, they will be informed of the charges and have the right to a preliminary examination within 14 days if charged with a felony. This hearing determines if there is enough evidence to proceed with the case.
Essential Steps and Resources for Traffic Offenders Post-Arrest
Traffic offenders in Michigan must adhere to several key steps and considerations post-arrest. One crucial requirement is to attend all court appearances and comply with court directives. Failure to appear in court can result in additional penalties, including the issuance of a bench warrant for arrest.
For DUI arrests, Michigan's implied consent law requires drivers to submit to chemical testing. Refusal leads to an automatic license suspension, and drivers must request a hearing with the SOS within 14 days to contest the suspension.
Additionally, engaging in plea negotiations or agreements through legal counsel can sometimes result in reduced charges or penalties. Drivers should also explore rehabilitation programs offered by the Michigan Department of State or the SOS, which can help mitigate long-term consequences.
Michigan drivers can access various legal resources, including the Michigan Legal Help, which offers comprehensive assistance with legal issues such as traffic violations, driver's license problems, and other legal concerns.
For additional support, drivers can contact the SOS or seek assistance from local attorneys with expertise in Michigan-specific legal matters.