DISTRICT COURT UPDATE
Summons Article, November 2004
written by
Hon. M. Randall Jurrens

DISTRICT  COURT  UPDATE

            Reckless driving is the topic of this month’s district court update.

To drive a vehicle on a highway or other place open to the general public “in wilful or wanton disregard for the safety of persons or property” constitutes reckless driving, in violation of  MCL 257.626.

A statutory amendment, effective November 1, 2004, increases the maximum penalty for reckless driving from 90 days jail and $100 maximum fine to 93 days jail or $500 fine, or both.    

            Due to the increase in the jail penalty, fingerprints will be required.  Additionally, the court must report the disposition (conviction or dismissal) of the offense to the Michigan State Police – Criminal Justice Information Center (MSP – CJIC).

             The 6 points assessed by the secretary of state for reckless driving remains unchanged (MCL 257.320a(1)(e)). Also unchanged is the driver responsibility fee assessed by the Secretary of State. ( $500 x 2 years) (MCL 257.732a(2)(b)(ii)).

While on the topic of reckless driving, as amended, you may wish to compare and contrast unchanged related offenses:

(A)  drag racing (MCL 257.626a):  “.  .  . the operation of 2 or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other over a common selected course .  .  .” is a misdemeanor with a maximum penalty of 90 days / $100 fine (plus court costs), plus assessment of 4 points.

(B)  careless driving (MCL 257.626b):  operating a vehicle “in a careless or negligent manner likely to endanger any person or property” is a civil infraction with a maximum penalty of a $100 fine (plus court costs), plus assessment of 3 points.

(C)  felonious driving (MCL 257.626c):  operating a vehicle “carelessly and heedlessly in willful and wanton disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner that endangers or is likely to endanger any person or property resulting in a serious impairment of a body function” is a felony with a maximum penalty of 2 years / $2,000 fine (plus court costs), plus assessment of 6 points.

 Thee moral of the story is, “Please drive (more) carefully.” 

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