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Sunday, November 21, 2010
By Michael Nichols
If you are travelling over the river and through the woods to grandmother’s house for the holidays. You do not need to slow down highway traffic by changing lanes in the midst of bumper-to-bumper-traffic-in-Michigan despite the presence of an emergency vehicle on the shoulder of the road. Criminal-Defense-Attorney-of-Michigan Mike Nichols observes: “I think it has become a myth that a recent change in the law absolutely means that you have to change lanes for a vehicle like a police car on the shoulder. I recently examined the law that was enacted requiring drivers to move over for emergency vehicles on the shoulder. The law does not require a driver to change lanes every time the driver sees an emergency vehicle on the shoulder. You just need to proceed with caution and you should not change lanes if traffic-flow will not allow for it.”
Here is what the law says:
Sec. 653a. (1) Upon approaching and passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights as permitted by section 698,
[FN1]
the driver of an approaching vehicle shall exhibit due care and caution, as required under the following:
(a) On any public roadway with at least 2 adjacent lanes proceeding in the same direction of the stationary authorized emergency vehicle, the driver of the approaching vehicle shall proceed with caution and yield the right-of-way by moving into a lane at least 1 moving lane or 2 vehicle widths apart from the stationary authorized emergency vehicle, unless directed otherwise by a police officer. If movement to an adjacent lane or 2 vehicle widths apart is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic in parallel moving lanes, the driver of the approaching vehicle shall proceed as required in subdivision (b).
(b) On any public roadway that does not have at least 2 adjacent lanes proceeding in the same direction as the stationary authorized emergency vehicle, or if the movement by the driver of the vehicle into an adjacent lane or 2 vehicle widths apart is not possible as described in subdivision (a), the approaching vehicle shall reduce and maintain a safe speed for weather, road conditions, and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a police officer.
(2) Except as provided in subsections (3) and (4), a person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 90 days, or both.
(3) A person who violates this section and causes injury to a police officer, firefighter, or other emergency response personnel in the immediate area of the stationary authorized emergency vehicle is guilty of a felony punishable by a fine of not more than $1,000.00 or imprisonment for not more than 2 years, or both.
(4) A person who violates this section and causes death to a police officer, firefighter, or other emergency response personnel in the immediate area of the stationary authorized emergency vehicle is guilty of a felony punishable by a fine of not more than $7,500.00 or by imprisonment for not more than 15 years, or both.