Michigan laws prohibit driving behavior that is reckless in nature but are particularly harsh when there is an injury resulting from the reckless driving. The law relating to reckless driving with serious injury can be very confusing to individuals who find themselves being arrested after an accident. Nevertheless, the offense is very serious under Michigan law and having an experienced Michigan traffic lawyer to help defend your rights will be very important.
What is Reckless Driving with Serious Injury?
The charge of reckless driving causing serious injury can be broken down into two essential elements. In order to be arrested and prosecuted for the offense, firstly, there must be evidence that you were driving recklessly, and secondly, that the reckless driving led to the serious injury of another person.
So what then is reckless driving? To many the legal definition for this prohibited type of driving seems subjective. It involves the actions of driving a motor vehicle with no regard to the safety of other persons and property. The criminal intent necessary for this act is that you should operate the motor vehicle in a willful and wanton manner that disregards the safety of potential victims. The offense is not only limited to driving on roads and public ways but will also include certain parking areas.
The second element of the offense relates to the injury that was caused. A charge of reckless driving with bodily injury requires the impairment of a bodily function, not just minor bruises. The law does not contemplate injury such as bruises and scratches. Serious injury involves the impairment of bodily function.
By itself, reckless driving is a misdemeanor under Michigan law. However, reckless driving causing injury elevates the offense to a felony with far harsher penalties. However, if you are charged with reckless driving with serious injury, the offense is elevated to a felony category and carries far harsher penalties.
Could I Be Facing Jail Time for Reckless Driving with Serious Injury?
In most instances, there is no intention on the part of an individual charged with reckless driving to cause harm to another. So when charged with the felony offense of reckless driving with serious injury, the possibility of jail time is very paramount in the minds of many.
As a felonious crime, reckless driving with serious injury carries a maximum penal penalty of 5 years. If you are found guilty, there are a number of factors that the court will consider before the imposition of a sentence that includes jail time. At sentencing, a judge will examine the particular facts of the case and any previous convictions. Your best chance of reduced time behind bars is to hire a criminal defense lawyer who will put forward arguments on your behalf at the sentencing hearing.
In addition to jail time, if you are convicted of the offense of reckless driving with serious injury, you may face a minimum fine of $1,000 upwards to $5,000. The court could also consider probation as an alternative to time behind bars.
