Michigan Reckless Driving Law – What Exactly Is It?
An individual can be and will be convicted Michigan Reckless Driving law an individual will have a misdemeanor on his or her criminal and driving record. Michigan Reckless Driving law states that a person shall not drive their motor vehicle with a wanton or willful disregard for the safety of other persons or property. A conviction under Michigan Reckless Driving law is a 93-day misdemeanor, meaning the maximum sentence allowable is 93-days in jail, and/or a $500.00 fine. MCL 257.626. Moreover, there are mandatory drivers license sanctions, which are inflicted by the Secretary of State.
It is important to note that if convicted and entered on your criminal record the conviction under Michigan Reckless Driving law cannot be expunged, under Michigan’s criminal expungement statute. This is due to the Michigan Reckless Driving law being placed in the Michigan Motor Vehicle Code, which are all precluded from a criminal expungement. All motor vehicle crimes are non-expugnable.
However, and at the end of the day, the state or prosecutor over seeing the case must still prove that you violated the Michigan Reckless Driving law beyond a reasonable doubt in order to convict you of the crime. Therefore, they must show you drove recklessly, hence the phrase Michigan Reckless Driving law. And as noted earlier you must have driven your motor vehicle with a wanton or willful disregard for the safety of persons or property.
The Michigan Reckless Driving law defines “Willful or wanton disregard” as more than simple carelessness, but rather a knowing disregarding of the possible risks to the safety of people or property when involved with driving or operating a motor vehicle upon a road, highway or an area open to motor vehicles. Therefore, the prosecutor does not have to prove intent to cause harm, meaning there is a lower standard of proof than some crimes.
It is always essential to lawyer-up with a criminal defense attorney when charged under the Michigan Reckless Driving law, or with any other Michigan criminal crime (misdemeanor or felony). Josh Jones understands what is needed when facing such a charge under the Michigan Reckless Driving law and numerous others. Contact him 7-days a week by phone, text, email or instant message. He is your Michigan Criminal Attorney.
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