8.6Moving Violation Causing Death of Operator of Implement of Husbandry

A.Statutory Authority

“A person who commits a moving violation that has criminal penalties and as a result causes death to a person operating an implement of husbandry on a highway in compliance with this act is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both.” MCL 257.601c(2).

B.Criminal Penalties

MCL 257.601c(2) provides for the following penalties:

imprisonment for not more than 15 years; or

fine of not more than $7,500; or

both.

C.Sanctions

Only applicable sanctions are discussed; 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 Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions. See Section 1.41 for information on abstracting procedures.

Six points. MCL 257.320a(1)(b). See Section 1.42 for more information on points.

License revocation and denial for at least one year. MCL 257.303(2)(d); MCL 257.303(4)(a)(i)-(ii). See Section 1.44 for more information on license revocation and Section 1.43 for more information on license denial.

License revocation and denial also occur when a defendant has any combination of two or more convictions within seven years for violation of MCL 257.601c(2) and any of the motor vehicle felonies listed at MCL 257.303(2)(b). See Section 1.44 for more information on license revocation and Section 1.43 for more information on license denial.

D.Related Misdemeanor

Committing a moving violation that has criminal penalties and causes injury to a person operating an implement of husbandry on a highway is a misdemeanor. MCL 257.601c(1).1

1    See Section 6.12 for more information on this offense.