Reckless Driving is a serious misdemeanor that can result in jail time and the suspension of your driving privileges. Careless driving on the other hand is a civil infraction that carries lower penalties. However, it still has ramifications. First, it is three points on your driving record. Once your record has accrued 7 points you begin to pay driver’s responsibility fees which increase with every additional point. At 12 points your driver’s license will be suspended. Further, a careless driving citation may increase insurance premiums. An experienced attorney can negotiate with the Prosecutor or City Attorney to secure a modification, reduction, or dismissal of the charges. The attorneys of Garmo & Kiste, PLC frequent Metro Detroit Courts and have developed relationships with these Prosecutors, Attorneys, and Judges. See the statutes below for reference.
257.626b Careless or negligent operation of vehicle as civil infraction.
Sec. 626b.
A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.
257.626 Reckless driving on highway, frozen public lake, or parking place; violation as misdemeanor; penalty.
Sec. 626.
(1) A person who violates this section is guilty of reckless driving punishable as provided in this section.
(2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes serious impairment of a body function to another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
(4) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
(5) In a prosecution under subsection (4), the jury shall not be instructed regarding the crime of moving violation causing death.
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