5.10​Violations of the Marine Safety Act⁴⁶

Unless otherwise indicated, a violation of the Marine Safety Act (MSA), MCL 324.80101 et seq., is a misdemeanor. MCL 324.80171. A peace officer who observes a marine law violation or the commission of a crime may immediately arrest the violator without a warrant, or the officer may issue the person a written or verbal warning. MCL 324.80166(4). If an officer has reasonable cause to believe that an individual, at the time of his or her involvement in an accident, was operating a vessel in violation of MCL 324.80176(1), MCL 324.80176(3), MCL 324.80176(4), MCL 324.80176(5), MCL 324.80176(6), or MCL 324.80176(7) (offenses involving operation of a motorboat while under the influence of alcoholic liquor and/or a controlled substance, with an unlawful blood alcohol content, with any amount of certain controlled substances in the body, or while visibly impaired, or operation by a person less than 21 years of age with any bodily alcohol content), or a local ordinance corresponding to MCL 324.80176(1), MCL 324.80176(3), or MCL 324.80176(6), the officer may arrest that individual without a warrant. MCL 324.80180(1).

A.​Arraignment After a Warrantless Arrest

If an officer arrests an individual without a warrant for certain MSA violations (listed below), the individual must be arraigned without unreasonable delay by a magistrate or judge who

•​is within the county where the offense allegedly occurred,

•​has jurisdiction of the offense, and

•​is nearest or most accessible with reference to the place where the arrest was made. MCL 324.80167.

MCL 324.80167 provides that MSA offenses requiring immediate arraignment when the offender is arrested without a warrant are:

•​negligent homicide;

•​violations of MCL 324.80176(1), MCL 324.80176(3), MCL 324.80176(4), or MCL 324.80176(5) (offenses involving operation of a motorboat while under the influence of alcoholic liquor and/or a controlled substance, with an unlawful blood alcohol content, with any amount of certain controlled substances in the body, or while visibly impaired), or violations of local ordinances substantially corresponding to MCL 324.80176(1) or MCL 324.80176(3); or

•​violations of MCL 324.80147 (reckless operation of a vessel) or violations of a local ordinance substantially corresponding to MCL 324.80147. The arresting officer may issue a written notice to appear in court for a violation of MCL 324.80147 if it does not appear that releasing the offender pending the issuance of a warrant would constitute a public menace. MCL 324.80167(c).

B.​Written Notice To Appear After a Warrantless Arrest

If an individual is arrested without a warrant under conditions not referred to in MCL 324.80167, immediate arraignment is not required, and the arresting officer must prepare in duplicate a written notice directing the offender to appear in court. MCL 324.80168(1). The notice must contain the name and address of the offender, the name of the offense charged, and the time and place the person must appear in court. Id. If the arrested person demands arraignment before a magistrate or district court judge, the arresting officer must take the actions outlined in MCL 324.80167⁴⁷ in lieu of issuing the offender a written notice to appear in court. MCL 324.80168(1).

Timing of appearance required by written notice. Unless the arrestee demands an earlier hearing, the time listed in a written notice to appear must be within a reasonable time after the arrest. MCL 324.80168(2).

Place of appearance. The place specified in the notice to appear must be before a magistrate or district court judge with jurisdiction of the offense and within the township or county in which the charged offense allegedly occurred. MCL 324.80168(3).

Methods of appearance. The person to whom a written notice to appear is issued may make appearance in person, by representation, or by mail. When an individual appears by representation or by mail, the magistrate or district judge may accept a plea of guilty or not guilty for purposes of arraignment just as if the offender had personally appeared before the court. The magistrate or district judge may require a person’s appearance before the court by giving the person five days’ notice of the time and place of his or her required appearance. MCL 324.80168(4).