Springtime in Michigan brings warmer weather, blooming flowers, and unfortunately, a spike in car accidents. With melting snow and increased travel, crashes are more likely to happen during this season—and when they do, you could find yourself facing more than just insurance claims. If a traffic accident leads to criminal charges such as reckless driving, OWI, or vehicular assault, your freedom, license, and future may be on the line.
This guide will walk you through the critical steps you should take after a car accident that results in criminal charges in the state of Michigan. From knowing your rights at the scene to securing experienced legal representation, we break down the legal process in a way that helps you understand what you’re up against and how to fight back.
Common Criminal Charges from Michigan Traffic Accidents
In Michigan, not every car accident results in criminal charges. Most are handled through insurance companies and civil responsibility. However, there are some scenarios where an officer may arrest you or issue a ticket that comes with criminal consequences. These are the most common car accident-related criminal charges people face, especially in the Spring months when people are on the road more frequently:
- Reckless Driving: Willful disregard for the safety of others, such as excessive speeding or erratic lane changes.
- OWI – Operating While Intoxicated: Driving under the influence of alcohol or drugs (even legal prescriptions if they impair your ability to drive).
- Leaving the Scene of an Accident (Hit and Run): Failing to stay at the scene to exchange information or give aid.
- Vehicular Manslaughter or Negligent Homicide: In the most extreme cases, when a death occurs due to reckless or intoxicated driving.
Each one of these charges carries its own set of penalties—and they’re not light. They can include fines, license suspension or revocation, probation, and even jail or prison time. That’s why it’s critical to act fast if you are facing charges following a car accident.
Why Fast Action Matters After an Accident
Time is not on your side after a collision. Police reports are being written, evidence is disappearing, surveillance footage can be erased, and witnesses begin to forget details. The faster you act, the better chance you have of building a strong defense. Here’s what you should consider doing right away:
1. Do Not Admit Guilt
Whether at the scene or afterward, don’t admit fault—even if it feels like the right thing to do. Michigan is a no-fault insurance state, but determining criminal responsibility is an entirely different matter. Anything you say can and will be used against you in court.
2. Get Medical Attention
Make sure you get checked out by a doctor, even if you feel fine. Injuries may not be apparent right away, and your health should always come first.
3. Gather Evidence
If possible, take photos of the accident scene, your vehicle, the road conditions, and any injuries. Collect names and contact info from witnesses. This evidence could be pivotal in defending your case later.
4. Call a Michigan Criminal Defense Attorney
The sooner you get legal representation, the better. You wouldn’t go into a fight without armor—don’t go into a courtroom without your legal protection. Call experienced attorney Aaron J. Boria at (734) 453-7806 for a free consultation.
The Legal Process for Car Accident Criminal Charges in Michigan
Once criminal charges are filed after an accident, the process generally involves the following steps. Each phase is crucial, and having the right defense strategy in place can make all the difference.
1. Arraignment
This is your first formal appearance in court. The judge will inform you of the charges and potential penalties. Bail may be set, and you may be required to follow certain conditions before your next court date. You should never attend an arraignment alone. Having legal counsel ensures the process starts in your favor.
2. Pretrial Hearings
During this phase, your attorney will negotiate with the prosecutor, file any motions (such as to suppress evidence), and possibly work to get your case dismissed or charges reduced. For example, if dash cam footage shows that road conditions—not reckless behavior—caused the crash, that might be grounds for dismissal.
3. Trial
If no agreement is reached, your case goes to trial. This can be a bench (judge-only) or jury trial. Your attorney will cross-examine witnesses, call in experts if necessary, and use every legal tool available to argue for your innocence or reduced sentencing.
4. Sentencing
If convicted, sentencing will be determined by the judge based on Michigan sentencing guidelines. Sentences vary based on the severity of the offense, your prior record, and whether anyone was injured. Having effective counsel can mean the difference between probation and time behind bars.
Common Defense Strategies in Car Accident Criminal Cases
While every case is unique, there are several common defenses we can use to fight charges stemming from car accidents.
Mistaken Identity or Inaccurate Witness Testimony
It’s not uncommon for eyewitnesses to be mistaken or give inconsistent statements. We look closely at all statements, surveillance footage, and officer body cam videos to challenge the prosecution’s version of events.
Mechanical Failure or Environmental Factors
If the collision was caused by a brake failure, icy conditions, or poor road signage, then intent or negligence may be hard to prove—two things the prosecution must firmly establish in many criminal cases.
Lack of Evidence
In order to secure a conviction, the prosecution needs proof beyond a reasonable doubt. If the evidence is circumstantial, flawed, or improperly obtained (such as an unconstitutional search), we’ll work to exclude it or get the case thrown out entirely.
Self-Defense or Medical Emergency
In rare cases, a medical issue or an attempt to avoid greater harm (like swerving to avoid a person or animal) could be argued as justification for what occurred. Every alternative explanation must be thoroughly investigated by your lawyer.
Understanding Michigan-Specific Traffic Laws and Penalties
Michigan law imposes strict penalties for criminal behavior behind the wheel. Let’s take a closer look at a few key laws that come up frequently in accident-related criminal charges.
Reckless Driving – MCL 257.626
This is a misdemeanor offense that can lead to up to 93 days in jail, a $500 fine, and 6 points on your driver’s license. If serious injury or death occurs, it becomes a felony with much more severe consequences.
OWI – MCL 257.625
If you’re found to be operating a vehicle while intoxicated—either by alcohol, drugs, or a combination—you could face license suspension, jail time, and mandatory alcohol education. A High BAC (0.17 or more) comes with additional penalties.
Failure to Stop at the Scene – MCL 257.617
Leaving the scene can be charged as a misdemeanor or felony depending on damage and injuries. A person must stop immediately, share information, and offer aid if needed.
Driver Responsibility Fees
Michigan used to have harsh driver responsibility fees for traffic offenses, but as of 2018 these fees were eliminated—good news for everyone. Still, points added to your license from a criminal conviction could impact your insurance premiums and put your driving status at risk.
Why You Need an Experienced Michigan Criminal Defense Lawyer
Experience makes all the difference when it comes to defending criminal traffic charges. Attorney Aaron J. Boria has years of experience handling accident-related criminal charges in courts across Michigan, and we’ve successfully obtained dismissals, not-guilty verdicts, and reduced charges for our clients.
We know the local courts, the prosecutors, and the Michigan laws inside and out. Whether you’re in Wayne, Oakland, or Washtenaw County, we provide powerful, compassionate legal defense tailored to your case.
Call Boria Law today at (734) 453-7806 for a FREE consultation. Let’s get to work defending your rights, freedom, and future.
If you're facing charges for reckless driving, OWI, or other car accident-related offenses, don’t wait another minute. The best defense starts now.
Conclusion
A car accident can turn your life upside down—especially when you’re facing criminal charges because of it. Whether it’s a simple mistake or a complex situation with multiple factors, you deserve someone fighting on your side. Understanding your rights, acting quickly, and hiring the right defense lawyer are the keys to navigating this difficult time.
At Boria Law, we treat every client like more than just a case number. We’ll listen, fight, and work tirelessly to get the best result possible for your situation. That’s why people throughout Michigan trust us in their darkest moments.
If you’ve been charged with a crime following an accident, don’t wait. Call (734) 453-7806 today for a free consultation with Attorney Aaron J. Boria.
Your future matters. Let us help you protect it.
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