Moving Violation Causing Death
A serious car accident can turn your life upside down. You may be shocked and suffering from trauma for weeks or months to come. Your car may be totaled, and you may need to spend months in rehab to recover from your injuries. While this is all going on, you’ll be going through the insurance claims process to sort out who bears financial responsibility for the damages. And if that wasn’t enough, a prosecutor might even charge you with a moving violation causing death if the accident was fatal.
Moving violation causing death is a controversial crime on Michigan’s books. The offense doesn’t just apply to drivers who cause deadly accidents through their recklessly dangerous driving. Instead, this offense applies to anyone involved in a fatal accident who broke a rule of the road. The law was recently rewritten so that it no longer requires the prosecutor to prove your negligence. It’s only necessary to prove that there was a causal link between your moving violation and the death. For this reason, it’s essential that you immediately call a trustworthy Michigan traffic lawyer if you have any involvement in a fatal accident.
Drias Law Group can help you if you’ve been charged with moving violation causing death. Your charges may have come after a devastating accident and you may be dealing with your own injuries and losses. Contact us at (313) 944-0236 to let us help you through this time.
Penalties for Moving Violation Causing Death
Michigan vehicle code section 257.601d defines moving violation causing death as:
- Any person who commits a moving violation on a highway or other public area such as a parking lot
- That moving violation causes the death of another person
If convicted of this misdemeanor offense, you will face up to one year and jail and/or a fine of $2,000. Additionally, the secretary of state will add six points to your license and give you a one year “hard” license suspension – meaning that you can’t appeal the suspension with the circuit court for hardship reasons.
Under Michigan law, a moving violation consists in any act or omission that is prohibited under the Michigan vehicle code or conduct prohibited by a local ordinance that is punishable by a fine. In other words, something as innocuous as having a broken taillight can form the basis of a moving violation causing death charge so long as there is some causal connection between the death and the broken taillight. For example, if the deceased person rear ended you, the prosecutor could argue that it was because of your broken taillight.
How Can Davis law Group Help?
Do not plead guilty to the charges before talking to a lawyer. A skilled Michigan traffic offense attorney can analyze the facts of your case and determine whether there was any intervening negligence. Attorney Martin Drias has built his reputation on his ability to defend the rights of the accused in high stakes criminal cases. If you want to give yourself the best odds as you confront the criminal justice system, call Drias Law Group today.
Charged with a traffic violation? Contact us today.
Your initial consultation will always be free and confidential. Call (313) 944-0236 today or fill out the form below and we will help you.
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