5.7Leaving the Scene of or Failing to Report an Accident Resulting in Vehicle Damage Only

A.Statutory Authority

“The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of [MCL 257.619] are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of [MCL 257.619(a) and MCL 257.619(b)] if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing more traffic than is necessary.” MCL 257.618.

B.Relevant Jury Instruction

•M Crim JI 15.14 addresses the elements of leaving the scene of an accident causing damage to a vehicle.

C.Penalties

For an accident that results in “damage to a vehicle operated by or attended by any individual,”¹ MCL 257.618(2) provides for the following penalties:

•imprisonment for not more than 90 days; or

•fine of not more than $100; or

•both.

D.Sanctions

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.

•Six points. See MCL 257.320a(1)(d); MCL 257.732(1)(a). See Section 1.42 for more information on points.