Facing a leaving-the-scene charge in Michigan is genuinely stressful, and the questions that follow tend to come fast. Will this go on my record? Will I lose my license? Is there any way to reduce this? We work with people in exactly this situation, and the honest answer is: it depends on the facts, but there are real options worth understanding.

Michigan law treats leaving the scene of an accident, often called a hit and run, as a criminal offense, not just a traffic ticket. Our criminal defense attorneys at Geherin Law Group handle these cases regularly across Washtenaw County, and the range of outcomes we see is wide. That range matters, because where your case lands on the spectrum shapes what a reduction might look like.

What Michigan Law Actually Requires

A driver who has been involved in a crash must stop, provide personal information, present a driver’s license, and help secure medical aid for anyone injured.
That list sounds straightforward, but the legal exposure that follows when someone fails to do those things is anything but simple.

A person can be found guilty of leaving the scene even if he or she was not at fault for the auto accident.
That surprises a lot of people. They assume that if they didn’t cause the crash, they’re in the clear. Not so under Michigan law.

And another thing worth knowing:
the driver need not know or have reason to believe that an accident resulted in physical injury, death, or property damage.
So the argument “I didn’t think it was serious” carries limited weight on its own.

The Charge Levels Matter a Lot

Michigan law creates several distinct tiers of leaving-the-scene offenses, and the tier you’re charged under shapes everything about your defense strategy.

If the accident results in damage to a vehicle operated by or attended by any individual, the offense is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both.
That sounds relatively minor. But the six points that come with a conviction on your driving record? Those have real consequences for your insurance and your license.

A misdemeanor charge of leaving the scene of an accident involving personal injury to a person carries a steeper penalty of imprisonment of not more than 1 year, a $1,000 fine, or both, with six points and a $1,000 driver’s responsibility fee to be paid over two consecutive years.

Then there’s the felony tier.
If the individual violates the duty to stop and the accident results in serious impairment of a body function or death, the individual is guilty of a felony punishable by imprisonment for not more than 5 years or by a fine of not more than $5,000, or both.
And if you caused the accident and someone died,
you could be found guilty of a felony, fined up to $10,000, and sentenced to prison for up to 15 years.

That escalation is steep. The difference between a minor fender-bender situation and a serious injury case is not just a matter of degree. It’s a completely different legal landscape.

So Can the Charge Actually Be Reduced?

Yes, in many cases it can. That said, reductions don’t happen automatically, and the path to one requires thoughtful legal strategy.

One avenue that comes up often in property-damage cases involves negotiating a charge down to something like failure to report an accident.
Failure to report an accident is a misdemeanor but it has zero points assigned to a person’s driving record.
For someone whose primary concern is protecting their driving privileges and keeping insurance rates manageable, that distinction is significant.

During the plea bargain portion of a case, prosecutors may offer a reduced charge that could include reckless driving. A defendant does not have to accept a plea bargain agreement, but an attorney can go over the potential benefits of accepting a reduced charge.
Reckless driving carries its own consequences, but it may be preferable to a leaving-the-scene conviction depending on the full picture of a client’s situation.

About those driving record points. They’re often the thing clients care about most in lower-level cases, and for good reason. Six points on a Michigan driving record can trigger license suspension and send insurance premiums climbing. A well-negotiated resolution that eliminates or reduces those points can have a tangible, lasting impact on someone’s daily life.

What Factors Shape the Outcome?

Frankly, a lot of factors come into play, and no two cases are identical. Based on what we’ve seen in Washtenaw County courts and across the broader Ann Arbor area, a few things consistently matter.

Driving history is one of them.
It makes a big difference to a local prosecutor if the defendant has a clean criminal and driving record.
A first-time offender who panicked on US-23 during a stressful situation is viewed differently than someone with a history of traffic violations.

The severity of the accident matters too.
If the other party suffers a serious injury or death, the charges continue to get more serious. When someone gets hurt in an accident, the prosecutor will consult with the injured party about how they want to resolve the case.
That victim input can influence the negotiation in either direction.

Proactive steps taken after the fact can also carry weight.
If a client is going through emotional issues, letting the prosecutor know and pointing out what treatment they are getting can help. Treatments that may look favorable include counseling, safe driving courses, driving improvement courses, and community service.

To clarify that last point: taking those steps doesn’t guarantee a reduction. What it does is give a defense attorney something concrete to bring to the table during negotiations. It shows the situation as a learning experience rather than a pattern of behavior.

What About the Evidence?

Michigan prosecutors build these cases using witness statements, surveillance footage, license plate readers, and police reports. The Ann Arbor and Ypsilanti areas have significant camera coverage, and intersections along Washtenaw Avenue, State Street, and near I-94 interchanges are frequently monitored. That means the evidentiary picture in many cases is fairly developed by the time a charge is filed.

If the prosecution lacks sufficient evidence to prove that a defendant committed the offense beyond a reasonable doubt, an attorney can call for the charges to be reduced or dropped.
Challenging the sufficiency of the evidence is a legitimate defense strategy, particularly in cases where identification of the driver is disputed or the circumstances of the accident are ambiguous.

One possible defense is that the accused driver was unaware that an accident occurred. To successfully use this defense, it must be proven that the driver genuinely did not know that there was a collision or any damage to property or bodily injury.
That’s a high bar, but it’s a real defense in the right circumstances, such as a minor contact on a highway at speed where the driver had no clear indication anything had happened.

The Timing Issue

We see people hire attorneys too late in these cases. By the time someone calls us after already speaking with police, giving statements, and attending an arraignment without counsel, some of the most valuable early-stage opportunities have passed.

THE TIMING HERE IS CRITICAL. The early stages of a leaving-the-scene case, before charges are formally filed or shortly after arraignment, are often when defense attorneys have the most leverage.
Failing to comply with the duties required after a crash can result in a criminal record, criminal penalties, and administrative sanctions by the Michigan Secretary of State.
Getting ahead of those consequences requires early action.

And on the question of talking to police:
do not say anything to your insurance agent until you have consulted with a lawyer.
The same caution applies to speaking with law enforcement without understanding how those statements may be used.

Civil Exposure Runs Alongside the Criminal Case

This is a piece of the puzzle that sometimes gets overlooked in the rush to address the criminal charge.
If convicted of leaving the scene, you can expect your insurance rates to skyrocket. A conviction could also be used as pivotal evidence if you are sued in civil court by the victim for damages.

That civil exposure doesn’t disappear even if the criminal charge is reduced. But a reduction, especially one that avoids a conviction entirely through a diversion or dismissal, can meaningfully limit the ammunition available to a civil plaintiff. That’s another reason why the outcome of the criminal case deserves careful attention.

Talk to Someone Before the Situation Gets Harder to Manage

If you or someone you care about is facing a leaving-the-scene charge in the Ann Arbor area, in Washtenaw County, or in a neighboring jurisdiction, we encourage reaching out early. These cases are manageable with the right approach, but the window for the best outcomes tends to close as the case progresses.

Geherin Law Group, PLLC represents clients in criminal traffic matters throughout southeastern Michigan. Contact our Ann Arbor office to discuss your situation and understand what options may be available to you. Visit us at glgmichigan.com to learn more about how we handle traffic violation defense.