Legal Question in Traffic Law in Michigan

Fail to Stop ID at PD Accident

My mother (76) was driving and came upon a van in the road with no turn signal, break lights, hazards etc. She thought it would move on. When she saw it wasn't, she swerved and just scraped it. She pulled over and saw only scrapes on the car. The person didn't get out of the van. She was afraid to approach it. My dad (81/now deceased) said ''you didn't hurt anything, go on.'' She did. An officer visited her the next day and took her statement. He told her she may have to go to court and that it was all right to get her car fixed. Her insurance agent said the person in the van is trying to say the scrape hurt his back. She also told her to have the car fixed. She did. She just received a summons with no mention of the other driver only the traffic violation. My dad was very ill all summer long and she was taking him for a blood test at the time. That was all that was on her mind. She says and also told the officer she left because she didn't even consider it an accident. Is it necessary to get an attorney for the court date? Won't that cost more than the fine itself?


Asked on 1/05/05, 2:12 pm

2 Answers from Attorneys
Jeffrey Buehner Jeffrey Buehner, PLLC

Re: Fail to Stop ID at PD Accident

Failure to Stop or Identify after a Property Damage Accident is a 6 point misdemeanor. That's the most amount of points you can receive for a driving offense. For a point of reference: you get 6 points for Operating While Intoxicated (drunk driving). In light of the fact that your mother may have a defense and, at the very least, is going to want to get the charge reduced, I would say that hiring an attorney is highly advisable.

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Answered on 1/05/05, 3:13 pm
Jesse Sweeney Sweeney Law Offices, P.L.L.C.

Re: Fail to Stop ID at PD Accident

You should just be able to negotiate something at the hearing with the prosecutor, and pay the fine. Financially it probably would not be worth hiring legal counsel.

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Answered on 1/05/05, 5:07 pm


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