Michigan Crime and Punishment for Reckless or Drunk Driving

April 24, 2011

Michigan Crime and Punishment for Reckless or Drunk Driving

Two fiery Michigan crashes lead to very different charges. In 2009, Robert Gorter crashed his car into a truck in a construction zone on I-196. Authorities say he was driving too fast for the conditions when he struck the truck. Both the car and the truck caught fire and the truck was pushed down an embankment. Gorter's 83-year-old wife and the 70-year-old driver of the truck were killed instantly.

In 2010, Lauraetta Carey pursued her boyfriend and his female companion at speeds of up to 100 mph before he lost control of his car, rolled and hit an empty house. The boyfriend's vehicle burst into flames and he was killed in the crash.

Gorter was charged with negligent homicide, a crime punishable by two years imprisonment if convicted. A 2010 change in the law introduced new possible charges. By contrast, Carey faces the new charge of reckless driving causing death, for which she could face 15 years in prison upon conviction, and other charges.

New Reckless Driving Causing Death Law

Kent County Prosecutor William Forsyth acknowledged a difficulty with the old negligent homicide law saying, "In most cases, these crashes are accidents. Whatever you were doing, your intent was never to severely injure or kill someone." Effective October 31, 2010, the laws changed, giving prosecutors a wider choice of charges -- and longer potential sentences.

The charge of negligent homicide is abolished. Available charges under the new laws include:
-Reckless driving causing death, a felony offense punishable by up to 15 years in prison and a fine of $2,500 to $10,000
-Reckless driving causing serious injury; a felony offense punishable by up to five years in prison and a fine of $1,000 to $5,000
-Moving violation causing death, a misdemeanor offense punishable by up to one year in jail and a fine of not more than $2,000
-Moving violation causing serious injury, a misdemeanor offense punishable by up to 93 days in jail and a fine of not more than $500

The charges of involuntary manslaughter and felonious driving, punishable by up to two years imprisonment, remain available to prosecutors. Reckless driving causing death or serious injury penalties mirror those for operating while intoxicated (OWI) causing death, except that OWI causing death or serious injury penalties also include mandatory vehicle immobilization. Cases without injury that involve alcohol or drug use will still be charged under the OWI or operating while visibly impaired (OWVI) offenses.

Operating While Intoxicated

In cases that do not involve serious injury or death, drivers with blood-alcohol contents of 0.08 or more may be charged with:
-OWI, first offense: Misdemeanor punishable by up to 93 days in jail and fines; community service, a vehicle ignition interlock device or vehicle immobilization may also be ordered
-OWI, second offense: Misdemeanor punishable by five days to one year in jail and fines; mandatory community service of 30 to 90 days and vehicle immobilization of 90 to 180 days; a vehicle ignition interlock device may also be ordered during probation
-OWI, third offense: Felony punishable by one to five years in prison and fines; mandatory community service from 60 to 180 days, vehicle ignition interlock device and vehicle immobilization from 90 to 180 days, unless the vehicle is forfeited

Unlike OWI, OWVI has no threshold BAC. OWVI offenses and penalties include:
-OWVI, first offense: Misdemeanor punishable by up to 93 days in jail and fines up to $300; sentence may also include community service or vehicle immobilization
-OWVI, second offense: Misdemeanor punishable by five days to one year in jail, fines from $200 to $1,000, community service of 30 to 90 days and vehicle immobilization
-OWVI, third offense: Felony punishable by one to five years in prison, probation, fines from $500 to $5,000, community service of 60 to 180 days and vehicle immobilization

Sentences for both OWI and OWVI can also include license points, license plate confiscation and license suspension.

New Super Drunk Law

Since Halloween 2010, first-time Michigan drunk-driving offenders with BACs of .17 or more have been subject to the so-called super drunk law. Like many other states, Michigan now slams these excessively intoxicated drivers with automatically stiffer penalties by virtue of the risk inherent in hitting the road so dangerously impaired.

A super drunk driver is convicted of a misdemeanor, and faces mandatory successful completion of at least one "appropriate rehabilitative program" that may include an alcohol-treatment or self-help program, at defendant's expense: Other possible punishments include:
-Incarceration for up to 180 days
-Fine of $200 to $700
-License suspension of one year, with possible restricted driving privilege after 45 days with an ignition interlock device (on-board breathalyzer limiting whether car starts after driver blows into it) installed and maintained at defendant's expense, with further penalties for subsequent violation of the IID requirement
-Community service for up to 360 hours at defendant's expense
-Reimbursement of state prosecution costs

Secretary of State Penalties

In addition to the court system, the Michigan Secretary of State also imposes fees and license penalties for driving infractions. Broadly, under the Driver Responsibility Law, the SOS assigns a certain number of points to a defendant's driving record in proportion to the severity of the offense. For example, a drunk driving conviction normally adds six points to a driver's record. Points remain on a record for two years.

Fees are assessed for driving records accumulating seven or more points. For nonpayment of driver-responsibility fees the SOS can suspend a license and require another fee for reinstatement of driving privileges.

Also, certain serious offenses automatically require SOS fees, or license restrictions, suspensions or revocations.

Underage Drunk Drivers

Additionally anyone furnishing alcohol to a minor causing death can face felony charges. For example, three 21-year-olds were each charged in February with three counts of furnishing alcohol to a minor causing death, according to Ingham County prosecutor, Stuart Dunnings III. Allegedly, a minor driving away from their house party lost control of his car and crashed into a tree; three passengers were killed in the collision. Jordan Henika, Michael Freund and Charles King III each face up to 10 years.

Be Careful. Be Wise.

Drivers should always exercise caution on the roads and should be proactive in preventing other impaired drivers from getting on the roads. Even so, when a careful driver does make a mistake, it is important to contact an attorney immediately to begin building a criminal defense.

Article provided by Aggressive Criminal Defense Law Firm
Visit us at www.aggressivecriminaldefenselawfirm.com