Failure to Stop at the Scene of an Accident in Michigan

A plain-language look at a Michigan failure to stop at the scene of an accident charge, often called hit-and-run: what the law requires, the penalties at each level, points and license effects, what happens at arraignment, and what to gather and avoid.

What does Michigan law require a driver to do after an accident?

A driver who knows or has reason to believe they were in an accident must stop right away and stay at the scene. They must give their name, address, plate number, and the owner's name and address, show their license, and give reasonable help to anyone injured. Leaving can bring misdemeanor or felony charges.

What the Charge Covers

Michigan's hit-and-run laws are in the Vehicle Code, mainly MCL 257.617, 257.617a, 257.618, and 257.620. Sections 617, 617a, and 618 apply when a driver knows, or has reason to believe, they were in an accident on a road or on private property open to the public, such as a parking lot. Section 620, for hitting a parked or unattended vehicle, applies on public or private property.

The driver must stop right away and stay at the scene until they have done what MCL 257.619 requires when the accident involves a person or a vehicle that someone is driving or attending:

Give their name and address, the vehicle's registration number, and the owner's name and address
Show their driver's license to a police officer, the person struck, or the other driver or occupants
Give reasonable help to anyone injured, such as getting medical aid or arranging a ride to get care

The stop should be made without blocking traffic more than necessary. There is one exception: if the driver honestly and reasonably believes staying will lead to more harm, they may instead report the accident right away to the nearest police agency or officer.

If you hit a parked or unattended vehicle, MCL 257.620 requires you to stop and either find the vehicle's driver or owner and give them your name and address and the name and address of your vehicle's owner, or, if the owner cannot be found, report it to the nearest police officer right away.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

What is the penalty for hit-and-run in Michigan?

It ranges from a misdemeanor with up to 90 days for damage to a vehicle, up to a felony with up to 15 years when someone died and the driver who left caused the accident.

The charge depends on what the accident caused:

Damage to an occupied or attended vehicle (MCL 257.618): a misdemeanor with up to 90 days in jail, a fine of up to $100, or both.
Damage to a parked or unattended vehicle (MCL 257.620): this section has no penalty of its own, so it is a misdemeanor under the Vehicle Code's general rule (MCL 257.901), with up to 90 days in jail, a fine of up to $100, or both.
Injury to anyone (MCL 257.617a): a misdemeanor with up to 1 year in jail, a fine of up to $1,000, or both.
Serious impairment of a body function or death (MCL 257.617(2)): a felony with up to 5 years in prison, a fine of up to $5,000, or both.
Death, when the driver who left caused the accident (MCL 257.617(3)): a felony with up to 15 years in prison, a fine of up to $10,000, or both.

The felony levels apply when the accident results in serious injury or death, whether or not the driver caused it; the 15-year level requires that the driver caused the accident.

The court may also order restitution, meaning you pay the other person for the damage or injuries.

How many points is a failure to stop at the scene of an accident?

It carries 6 points on your driving record, and leaving the scene of an injury accident also brings a 90-day license suspension.

Failing to stop at the scene of an accident carries 6 points on your driving record. MCL 257.320a gives 6 points for "failing to stop and disclose identity at the scene of an accident when required by law."

There is also a license effect:

Injury (MCL 257.617a): the Secretary of State must suspend your license for 90 days (MCL 257.319(3)(a)).

Arraignment and Next Steps

Your first court date is the arraignment, in the district court where the incident happened, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County). In a misdemeanor case, the court must tell you:

The charge and the maximum sentence the law allows
Your right to a lawyer at every court date, including the arraignment, and to a trial, including a jury trial when the law provides one
Your right to an appointed lawyer if you cannot afford one and jail is possible

The court also sets your release terms, such as bond and any conditions.

A misdemeanor case usually moves to a pretrial conference, where your lawyer and the prosecutor discuss the evidence and possible resolutions. A felony case starts in district court but moves to circuit court after a preliminary examination, where a judge decides whether there is enough evidence to go forward.

What questions decide a hit-and-run case?

These cases often turn on whether the driver knew an accident happened, who was driving, whether the driver gave the required information, and what the accident caused.

Hit-and-run cases often turn on a few questions:

Did the driver know, or have reason to believe, that an accident happened? The law requires knowledge or reason to believe, not just contact.
Who was driving? Many cases start with only a plate number or a description of the vehicle.
Did the driver stop and give the required information, or report to the police when the owner could not be found?
What did the accident cause? Damage, injury, serious impairment, or death sets the level of the charge.

Photos, video, phone records, and witness statements can matter on each of these points.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your citation or charging papers, any bond paperwork, your court notices, photos of the scene and your vehicle, your insurance information, any repair estimates, and the names of anyone you spoke with after the accident. Write down what happened while you still remember it, including where and when, and anything you did to give your information or contact the police.

What not to do:

Do not talk about your case on social media.
Do not discuss the details with anyone except your lawyer. Conversations with friends, family, the other driver, or the police are not confidential.
Do not repair or get rid of your vehicle before talking with a lawyer.
Do not miss court. A missed date can lead to a bench warrant.

A failure to stop charge can range from a 90-day misdemeanor to a 15-year felony, and a conviction carries 6 points. Know which level you are facing, keep your records, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a failure to stop at the scene of an accident charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.