Fleeing and Eluding Third and Fourth Degree Harris Law

As in other cases regarding Michigan Law, fleeing and eluding carries with it different fines and penalties depending on the severity of the charge. Fleeing and eluding makes reference to a person’s failure to obey the direction of a police or conservation officer to stop either a motor vehicle or a vessel. Though all four levels are considered felonies, third and fourth degree charges carry with them smaller fines and less time in jail. Those found guilty of third degree fleeing and eluding can face fines up to $1,000 and up to 5 years in prison for their punishment. For someone who is convicted of fourth degree fleeing and eluding, they face the possibility of up to two years in prison and a fine of up to $500.

Michigan Penal Code

***** 750.479a.amended THIS AMENDED SECTION IS EFFECTIVE NOVEMBER 1, 2012 *****

750.479a.amended Failure to obey direction of police or conservation officer to stop motor vehicle or vessel; violation of subsection (1); fleeing and eluding as felony; penalty; suspension of license; revocation; conviction and sentence under other provision; definitions.

Sec. 479a.

(1) An operator of a motor vehicle or vessel who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the operator to bring his or her motor vehicle or vessel to a stop shall not willfully fail to obey that direction by increasing the speed of the vehicle or vessel, extinguishing the lights of the vehicle or vessel, or otherwise attempting to flee or elude the police or conservation officer. This subsection does not apply unless the police or conservation officer giving the signal is in uniform and the officer’s vehicle or vessel is identified as an official police or department of natural resources vehicle or vessel.

(2) Except as provided in subsection (3), (4), or (5), an individual who violates subsection (1) is guilty of fourth-degree fleeing and eluding, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(3) Except as provided in subsection (4) or (5), an individual who violates subsection (1) is guilty of third-degree fleeing and eluding, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both, if 1 or more of the following circumstances apply:

(a) The violation results in a collision or accident.

(b) For a motor vehicle, a portion of the violation occurred in an area where the speed limit is 35 miles an hour or less, whether that speed limit is posted or imposed as a matter of law or, for a vessel, a portion of the violation occurred in an area designated as “slow—–no wake”, “no wake”, or “restricted” whether the area is posted or created by law or administrative rule.

(c) The individual has a prior conviction for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.

(4) Except as provided in subsection (5), an individual who violates subsection (1) is guilty of second-degree fleeing and eluding, a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both, if 1 or more of the following circumstances apply:

(a) The violation results in serious impairment of a body function of an individual.

(b) The individual has 1 or more prior convictions for first-, second-, or third-degree fleeing and eluding, attempted first-, second-, or third-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.

(c) The individual has any combination of 2 or more prior convictions for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.

(5) If the violation results in the death of another individual, an individual who violates subsection (1) is guilty of first-degree fleeing and eluding, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both.

(6) Upon a conviction for a violation or attempted violation under subsection (2) or (3), the following apply:

(a) If the individual was operating a motor vehicle, the secretary of state shall suspend the individual’s operator’s or chauffeur’s license as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.

(b) If the individual was operating a vessel, the individual’s privilege to operate a vessel shall be suspended for a period not to exceed 5 years.

(7) Upon a conviction for a violation or attempted violation under subsection (4) or (5), the following apply:

(a) If the individual was operating a motor vehicle, the secretary of state shall revoke the individual’s operator’s or chauffeur’s license as provided in section 303 of the Michigan vehicle code, 1949 PA 300, MCL 257.303.

(b) If the individual was operating a vessel, the individual’s privilege to operate a vessel shall be revoked for a period of not less than 5 years.

(8) Except as otherwise provided in this subsection, a conviction under this section does not prohibit a conviction and sentence under any other applicable provision for conduct arising out of the same transaction. A conviction under subsection (2), (3), (4), or (5) prohibits a conviction under section 602a of the Michigan vehicle code, 1949 PA 300, MCL 257.602a, for conduct arising out of the same transaction.

(9) As used in this section:

(a) “Prior conviction” means:

(i) For a violation of this section while operating a motor vehicle, the person had a previous conviction for a violation of this section while operating a motor vehicle or a previous conviction for fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct while operating a motor vehicle.

(ii) For a violation of this section while operating a vessel, the person had a previous conviction for a violation of this section while operating a vessel.

(b) “Serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

(c) “Vessel” means that term as defined in section 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80104.

(10) This section shall be known and may be cited as the “Lieutenant Donald Bezenah law”.

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