8.9Reckless Driving Causing Serious Impairment of a Body Function
“(1) A person who violates this section is guilty of reckless driving punishable as provided in this section.
(2) Except as otherwise provided in this section, 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, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor[1] . . . .
(3) Beginning October 31, 2010, a person who operates a vehicle in violation of [MCL 257.626](2) and by the operation of that vehicle causes serious impairment of a body function to another person is guilty of a felony[.]” MCL 257.626(1)-(3).
•M Crim JI 15.17 addresses the elements of reckless driving causing serious impairment of a body function.2
For a violation of reckless driving causing serious impairment of a body function, the following penalties apply:
•imprisonment for not more than 5 years; or
•fine of not less than $1,000 or more than $5,000; or
•both. MCL 257.626(3).
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)(e). 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.
•Possible vehicle immobilization for not more than 180 days. MCL 257.904d(1)(a). Vehicle immobilization must be ordered if the vehicle is not ordered forfeited. MCL 257.626(3). See Section 1.47 for more information on vehicle immobilization.
•Possible forfeiture of the vehicle. MCL 257.625n(1); MCL 257.626(3). See Section 1.49 for more information on forfeiture.
•Willful and Wanton Disregard
“Willful or wanton disregard means more than simple carelessness but does not require proof of an intent to cause harm. It means knowingly disregarding the possible risks to the safety of people or property.” People v Carll, 322 Mich App 690, 695 (2018) (quotation marks omitted). There was “[e]xtensive evidence” proving the defendant “drove in a manner that willfully or wantonly disregarded a high risk of serious injury to the people in his vehicle and other vehicles” where “there was evidence that defendant purposefully drove through a stop sign at high speed without any attempt to brake and that he might even have accelerated into the intersection.” Id. at 696-697, 698.
1 See Section 6.18 for a discussion of this misdemeanor offense.
2 The instruction should be used only for acts committed on or after October 31, 2010.