Hit and Run Laws in

Michigan


257.617 Accident resulting in serious impairment of body function or death; stopping required; reporting to police agency or officer; violation as felony; penalty.

Sec. 617.

(1) The driver of a vehicle who knows or who has reason to believe that he or she has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing traffic more than is necessary.

(2) Except as provided in subsection (3), if the individual violates subsection (1) and the accident results in serious impairment of a body function or death, the individual is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine of not more than $5,000.00, or both.

(3) If the individual violates subsection (1) following an accident caused by that individual and the accident results in the death of another individual, the individual is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1951, Act 270, Eff. Sept. 28, 1951 ;-- Am. 1956, Act 22, Eff. Aug. 11, 1956 ;-- Am. 1958, Act 35, Eff. Sept. 13, 1958 ;-- Am. 1975, Act 170, Eff. Mar. 31, 1976 ;-- Am. 1989, Act 267, Eff. Mar. 29, 1990 ;-- Am. 2001, Act 159, Eff. Feb. 1, 2002 ;-- Am. 2005, Act 3, Imd. Eff. Apr. 1, 2005

257.617a Accident; personal injury; reporting to police agency or officer; stopping required; penalty; suspension of license.

Sec. 617a.

(1) The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing traffic more than is necessary.

(2) If an individual violates subsection (1) and the accident results in injury to any individual, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(3) The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating this section as provided in section 319.

History: Add. 1975, Act 170, Eff. Mar. 31, 1976 ;-- Am. 2005, Act 3, Imd. Eff. Apr. 1, 2005

767.24 Indictments; finding and filing; limitations.

Sec. 24.

(1) An indictment for murder, conspiracy to commit murder, solicitation to commit murder, criminal sexual conduct in the first degree, or a violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, or a violation of chapter XXXIII of the Michigan penal code, 1931 PA 328, MCL 750.200 to 750.212a, that is punishable by life imprisonment may be found and filed at any time.

(2) An indictment for a violation or attempted violation of section 145c, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.520c, 750.520d, 750.520e, and 750.520g, may be found and filed as follows:

(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed or by the alleged victim's twenty-first birthday, whichever is later.

(b) If evidence of the violation is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the violation may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim's twenty-first birthday, whichever is later.

(c) As used in this subsection:

(i) "DNA" means human deoxyribonucleic acid.

(ii) "Identified" means the individual's legal name is known and he or she has been determined to be the source of the DNA.

(3) An indictment for kidnapping, extortion, assault with intent to commit murder, attempted murder, manslaughter, or first-degree home invasion may be found and filed within 10 years after the offense is committed.

(4) An indictment for identity theft or attempted identity theft may be found and filed as follows:

(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 6 years after the offense is committed.

(b) If evidence of the violation is obtained and the individual who committed the offense has not been identified, an indictment may be found and filed at any time after the offense is committed, but not more than 6 years after the individual is identified.

(c) As used in this subsection:

(i) "Identified" means the individual's legal name is known.

(ii) "Identity theft" means 1 or more of the following:

(A) Conduct prohibited in section 5 or 7 of the identity theft protection act, 2004 PA 452, MCL 445.65 and 445.67.

(B) Conduct prohibited under former section 285 of the Michigan penal code, 1931 PA 328.

(5) All other indictments may be found and filed within 6 years after the offense is committed.

(6) Any period during which the party charged did not usually and publicly reside within this state is not part of the time within which the respective indictments may be found and filed.

(7) The extension or tolling, as applicable, of the limitations period provided in this section applies to any of those violations for which the limitations period has not expired at the time the extension or tolling takes effect.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17238 ;-- Am. 1935, Act 144, Eff. Sept. 21, 1935 ;-- CL 1948, 767.24 ;-- Am. 1954, Act 100, Imd. Eff. Apr. 14, 1954 ;-- Am. 1987, Act 255, Eff. Mar. 30, 1988 ;-- Am. 2001, Act 6, Imd. Eff. May 2, 2001 ;-- Am. 2002, Act 119, Eff. Apr. 22, 2002 ;-- Am. 2004, Act 458, Eff. Mar. 1, 2005 ;-- Am. 2005, Act 35, Imd. Eff. June 7, 2005

Compiler's Notes: Enacting section 1 of Act 6 of 2001 provides:“Enacting section 1. The legislature intends that the extension or tolling, as applicable, of the limitations period provided in this amendatory act shall apply to any of those violations for which the limitations period has not expired at the time this amendatory act takes effect.”


FOR IMMEDIATE RELEASE April 1, 2005
Stakoe legislation signed into law
Measure strengthens law on leaving scene of accident

State Rep. John Stakoe today announced his bill strengthening the law for fleeing the scene of an accident was signed by Gov. Granholm.

Previously, drivers were only required to stop and remain at the scene of an accident if the driver knew it resulted in injury or death of a person or damage to the vehicle. Drivers must stay at the scene until he or she has given his or her name and address, the car registration number, and the name and address of the vehicle owner, along with showing his or her driver's license, to a police officer, the person struck or the driver or occupants of any vehicle collided with.

Public Act 3 of 2005, formerly House Bill 4210, requires people to remain at the scene and fulfill the above requirements regardless of whether or not the driver knew or had reason to believe someone was injured or damage to the vehicle occurred.

“This law clears up a major loophole,” said Stakoe, R-Highland. “It was very difficult to prove in court that a person leaving the scene of an accident knew an injury or property damage had occurred – especially in drunk driving cases. This eliminates that level of deniability.”


Source



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This page is added for reference only. Laws may have been changed since and information shown may be incomplete or erroneous. Use of this information is at users risk and only an accredited attorney can advise you of the exact law in each state. This page deals with state leaving the scene laws only and hit and run drivers may face other charges.


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