4.2Careless or Negligent Driving
“A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.” MCL 257.626b.
The general rules for assessing a civil fine and costs apply to careless driving. 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. The Offense Code Index for Traffic Violations is available at: http://www.michigan/gov/documents/OffenseCode_73877_7.pdf. 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.
•Three points are assessed for “[c]areless driving in violation of [MCL 257.626b] or a law or ordinance substantially corresponding to [MCL 257.626b;]” MCL 257.320a(1)(m). 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.
•Reckless Driving, MCL 257.626 vs. Careless Driving, MCL 257.626b
The difference between reckless driving (MCL 257.626),1 a misdemeanor, and careless or negligent driving (MCL 257.626b), a civil infraction, is the degree of negligence. Reckless driving requires driving in “willful or wanton disregard for the safety of persons or property.” MCL 257.626(2). Careless driving requires ordinary negligence, which is defined as operating a motor vehicle in a “careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness[.]” MCL 257.626b.
Committee Tip: If the prosecuting attorney, in a plea bargain, decides to reduce the charge from reckless driving to careless or negligent driving, it is necessary to dismiss the misdemeanor charge and to have another citation issued for a civil infraction to which the defendant will then plead responsible.