Failing to use do care when passing an emergency vehicle

The charge failing to use due care and caution when passing an emergency vehicle can be a small misdemeanor charge but can be found to be a more serious crime when there is an injury or fatality of an emergency service personnel. It is the prosecutor’s burden to prove you are guilty of this crime by showing the following elements:

MISDEMEANOR CHARGE

That a driver of a vehicle did not show due care and caution when approaching an emergency vehicle that was giving a visual signal by flashing and rotating red, blue, or white lights and:

The driver was on a public roadway with at least 2 adjacent lanes that are moving in the same direction as the emergency vehicle and did not proceed with caution to yield to the right of way by moving over at least 1 lane.

The driver was on a public roadway that did NOT have at least 2 adjacent lanes moving in the same direction as the emergency vehicle and did not show care or caution by slowing down to a safe speed for weather, road conditions, and other vehicles or pedestrian traffic.

If you have been charged with this offense, you may face up to 90 days in jail, $100 fine and 4 points on driving record.

FELONY CHARGE

That a driver of a vehicle did not show due care and caution when approaching an emergency vehicle that was giving a visual signal by flashing and rotating red, blue, or white lights and:

the driver caused injury to a police officer, firefighter, or other emergency response personnel in the direct area of the emergency vehicle

If you have been charged with this offense, you may face up to 2 years in prison, $1000 fines, or both.

FELONY CHARGE

That a driver of a vehicle did not show due care and caution when approaching a stationary authorized emergency vehicle that is giving a visual signal by flashing and rotating red, blue, or white lights and:

The driver caused death to a police officer, firefighter, or other emergency response personnel in the direct area of the emergency vehicle.

If you have been charged with this offense, you may face up to 15 years in prison, $7500 fine, or both.

Possible DEFENSES for the offense:

1. Driver did not hear or see emergency vehicle coming due to severe weather conditions

2. Vehicle did use due care and caution when in the vicinity of an emergency vehicle

3. Improper stop of vehicle.

If you have been charged with Failing to use Due Care in the Presence of an Emergency Vehicle please call Aaron J. Boria, PLLC, at (734) 453-7806

For more information on Michigan traffic offenses click here.

Aaron Boria - I am a motivated Michigan criminal defense lawyer located in Metro Detroit. Practicing law is my passion. Helping others is motivating and rewarding. Feel free to contact me anytime!

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