A.Statutory Authority: “Keep to the Right” Rule
“Upon each roadway of sufficient width, the driver of a vehicle shall drive the vehicle upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement.
(b) When the right half of a roadway is closed to traffic while under construction or repair or when an obstruction exists making it necessary to drive to the left of the center of the highway. A driver who is driving on the left half of a roadway under [MCL 257.634(1)(b)] shall yield the right-of-way to an oncoming vehicle traveling in the proper direction upon the unobstructed portion of the roadway.
(c) When a vehicle operated by a state agency or local authority or an agent of a state agency or local authority is engaged in work on the roadway.
(d) Upon a roadway divided into 3 marked lanes for traffic under the rules applicable on the roadway.” MCL 257.634(1).
“Upon a roadway having 2 or more lanes for travel in 1 direction, the driver of a vehicle shall drive the vehicle in the extreme right-hand lane available for travel except as otherwise provided in [MCL 257.634].” MCL 257.634(2). “However, the driver of a vehicle may drive the vehicle in any lane lawfully available to traffic moving in the same direction of travel when the lanes are occupied by a streetcar or vehicles moving in substantially continuous lanes of traffic and in any left-hand lane lawfully available to traffic moving in the same direction of travel for a reasonable distance before making a left turn or to avoid blocking, delaying, or otherwise interfering with the movement of a streetcar on a streetcar track.” Id.
“On a roadway that is divided into 4 or more lanes and provides for 2-way movement of traffic, a vehicle must be operated within the extreme right-hand lane except if overtaking and passing, and must not cross the center line of the roadway except if making a left turn.” MCL 257.642(1)(b).
B.Exceptions to the “Keep to the Right” Rule
“While [a] defendant driver may have been on that portion of the road normally used by traffic in the opposite direction, he [or she] was justifiably there, [if he or she was] directed to use it because of construction and resurfacing operations.” Smith v Whitehead, 342 Mich 542, 546 (1955). “Under such circumstances he was not violating the statutes or rules of the road.” Id.
A driver may drive on the wrong side of the road, around parked cars, provided he or she exercises reasonable care in doing so. Rosen v Beh, 272 Mich 487, 492 (1935).
“[T]he evidence that [the] defendant, while recognizing that the highway was icy, hit a patch of ice that caused a skid was sufficient evidence of a sudden emergency that has been recognized by Michigan courts as an excuse for violation of the statutes requiring drivers to keep to the right.” Young v Flood, 182 Mich App 538, 544 (1990).
A driver is not liable for driving on the wrong side of the highway if he or she faints or becomes unconscious immediately before an accident, such that the passing of his or her vehicle to the wrong side of the highway is not a voluntary act. Soule v Grimshaw, 266 Mich 117, 119 (1934). However, if a driver continues to drive while feeling dizzy or sleepy, he or she may be considered negligent. Id. at 120.
C.Statutory Authority: One-Way and Two-Way Traffic
“Upon a roadway designated and signposted for 1-way traffic a vehicle shall be driven only in the direction designated.” MCL 257.641(2).
“Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other not less than 1/2 of the main traveled portion of the roadway as nearly as possible.” MCL 257.635(1).
D.Wrong Side or Wrong Way Violations
Wrong side or wrong way violations include:
•Driving on the wrong side of divided highway, MCL 257.644;
•Driving on wrong side of undivided highway, MCL 257.642(1);
•Driving the wrong way on a one-way road, MCL 257.641;
•Entering freeway improperly, MCL 257.645;
•Failing to keep to the right, MCL 257.634; and
•Failing to keep to the right half of the roadway when passing vehicle going in opposite direction, MCL 257.635.
The general rules for assessing a civil fine and costs apply to wrong side or wrong way violations. See Section 1.20 for a discussion of the general rules governing the assessment of a civil fine and costs; see also the Michigan Judicial Institute’s table for a quick reference guide.
Only applicable sanctions are listed below; accordingly, if a particular sanction is omitted from this section, it is not applicable to this offense. The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for more information on abstracting procedures.
•Four points are assessed for “a moving violation resulting in an at-fault collision with another vehicle, an individual, or any other object.” MCL 257.320a(1)(l). See Section 1.42 for more information on points.
•Two points are assessed for “[a]ll other moving violations pertaining to the operation of motor vehicle reports under [MCL 257.320a.]” MCL 257.320a(1)(u). See Section 1.42 for more information on points.