The Motorcycle Legal Minute™ was created by Jason Waechter, THE Motorcycle Lawyer, to explain Michigan’s motorcycle law in a short and easy to understand way.

 

Let’s talk about the typical tickets Michigan motorcyclists get – how many points they are and whether they are civil infractions or misdemeanors. The difference between a civil infraction and a misdemeanor is civil infractions come with fines and often points, but not jail time. Misdemeanors can also carry jail time, usually no more than 90 days.

I Was Riding My Motorcycle and Got a Ticket

How Many Points Is It?

What follows is a list of violations a motorcyclist can get, whether it is a civil infraction or misdemeanor, and whether jail time can be sentenced.

The most common ticket, Speeding, is typically a civil infraction.

Speeding 1-5 mph: 0 points

Speeding 6-10 mph: 1 point

Speeding 11-15 mph: 2 points

Speeding 16-25 mph: 3 points

Speeding 26+ mph: 4 points

 

If you’re speeding in a construction zone, even if it is just 5 or 10 over, it is 3 points and goes up from there.

Careless driving is 3 points and still a civil infraction.

But Reckless driving is always 6 points and is a misdemeanor, unless you cause serious injury or death, then it can be a felony.

Fleeing and eluding the police is a felony and 6 points.

Drag racing: 4 points, a misdemeanor.

Motorcycle specific tickets: No motorcycle endorsement is a 2-point misdemeanor.

No helmet? Yes, you can still get a no-helmet ticket - if you are under 21 or don’t have a motorcycle endorsement. No helmet will cost you 2 points and is a civil infraction.

 

MCL 257.659 Motorcycle operator clinging to motor vehicle - 2 points - Civil Infraction

MCL 257.658(2) More riders than was designed for motorcycle - 0 points - Civil Infraction

MCL 257.255 No Plate - 0 points - Civil Infraction

MCL 257.708a No Windshield, goggles or eye protection - 0 points - Civil Infraction

MCL 257.626 Reckless Driving - 6 points - Misdemeanor - If causing serious injury or death - Felony

MCL 257.626b Careless Driving - 3 points - Civil Infraction

MCL 257.626a Drag Racing - 4 points - Misdemeanor

MCL 267.602a Fleeing & Eluding Officer - 6 points - Felony 

 

MCL 257.658 No Helmet - 0 points - Civil Infraction

 

MCL 257.312a No Motorcycle Endorsement - 2 points - Misdemeanor

MCL 257.612 Disobey Traffic Signal - 3 points - Civil Infraction

(run red light)

 

 

Copied here are the actual statutes:

 

MCL 257.312a Motorcycle indorsement; issuance, suspension, revocation, cancellation, or renewal; special restricted license to operate moped; requirements; expiration; duration; fees; violation as misdemeanor; penalty.

 

  (1) A person, before operating a motorcycle, other than an autocycle, upon a public street or highway in this state, shall procure a motorcycle indorsement on his or her operator's or chauffeur's license. The license shall be issued, suspended, revoked, canceled, or renewed in accordance with and governed by this act.

  (2) A person, before operating a moped upon a highway shall procure a special restricted license to operate a moped unless the person has a valid operator's or chauffeur's license. A special restricted license to operate a moped may be issued to a person 15 years of age or older if the person satisfies the secretary of state that he is competent to operate a moped with safety. The secretary of state shall not require a road test before issuance of a special restricted license to operate a moped.

  (3) A special restricted license to operate a moped shall expire on the birthday of the person to whom it is issued in the fourth year following the date of issuance. A license shall not be issued for a period longer than 4 years. A person issued a license to operate a moped shall pay $7.50 for an original license and $6.00 for a renewal license. The money received and collected under this subsection shall be deposited in the state treasury to the credit of the general fund. The secretary of state shall refund out of the fees collected to each county or municipality, acting as an examining officer, $2.50 for each applicant examined for an original license and $1.00 for a renewal license.

  (4) A person who violates subsection (1) is guilty of a misdemeanor punishable as follows:

  (a) For a first violation, by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

  (b) For a violation that occurs after a prior conviction, by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

 

MCL 257.658 Riding on seat of bicycle, motorcycle, moped, electric skateboard, or electric personal assistive mobility device; number of persons; wearing of crash helmet; conditions; rules; requirements for autocycle.

 

  (1) A person propelling a bicycle or operating a motorcycle or moped shall not ride other than upon and astride a permanent and regular seat attached to that vehicle.

  (2) A bicycle or motorcycle shall not be used to carry more persons at 1 time than the number for which it is designed and equipped.

  (3) An electric personal assistive mobility device or an electric skateboard shall not be used to carry more than 1 person at a time.

  (4) A person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. A person less than 19 years of age operating an electric skateboard shall wear a crash helmet on his or her head. Except as provided in subsection (5), a person operating or riding on a motorcycle shall wear a crash helmet on his or her head.

  (5) The following conditions apply to a person 21 years of age or older operating or riding on a motorcycle, as applicable:

  (a) A person who is operating a motorcycle is not required to wear a crash helmet on his or her head if he or she has had a motorcycle endorsement on his or her operator's or chauffeur's license for not less than 2 years or the person passes a motorcycle safety course conducted under section 811a or 811b and satisfies the requirements of subdivision (c).

  (b) A person who is riding on a motorcycle is not required to wear a crash helmet on his or her head if the person or the operator of the motorcycle satisfies the requirements of subdivision (c).

  (c) A person who is operating a motorcycle and a person who is riding on a motorcycle are not required to wear crash helmets on their heads if the operator of the motorcycle or the rider has in effect security for the first-party medical benefits payable in the event that he or she is involved in a motorcycle accident, as provided in section 3103 of the insurance code of 1956, 1956 PA 218, MCL 500.3103, in 1 of the following amounts, as applicable:

  (i) A motorcycle operator without a rider, not less than $20,000.00.

  (ii) A motorcycle operator with a rider, not less than $20,000.00 per person per occurrence. However, if the rider has security in an amount not less than $20,000.00, then the operator is only required to have security in the amount of not less than $20,000.00.

  (6) Crash helmets shall be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in effect on June 1, 1970, apply to helmets required by this act.

  (7) The crash helmet requirements under this section do not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof that meets or exceeds standards for a crash helmet.

  (8) A person operating or riding in an autocycle shall wear seat belts when on a public highway in this state.

  (9) A person under the age of 12 shall not operate an electric skateboard on a public highway or street.

 

 

257.612 Traffic control signals; location; red arrow and yellow arrow indications; colors; traffic control signal at place other than intersection; stopping at sign, marking, or signal; violation of subsection (1) or (2) as civil infraction; approaching person using wheelchair or device to aid walking; violation of subsection (4) as misdemeanor; location of sign prohibiting turn on red signal; additional sign; location of temporary traffic control signal.

 

  (1) When traffic is controlled by traffic control signals, not fewer than 1 signal shall be located over the traveled portion of the roadway so as to give vehicle operators a clear indication of the right-of-way assignment from their normal positions approaching the intersection. The vehicle signals shall exhibit different colored lights successively, 1 at a time, or with arrows. Red arrow and yellow arrow indications have the same meaning as the corresponding circular indications, except that they apply only to vehicle operators intending to make the movement indicated by the arrow. The following colors shall be used, and the terms and lights shall indicate and apply to vehicle operators as follows:

  (a) If the signal exhibits a green indication, vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians and bicyclists lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

  (b) If the signal exhibits a steady yellow indication, vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection or at a limit line when marked, but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

  (c) If the signal exhibits a steady red indication, the following apply:

  (i) Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or at a limit line when marked or, if there is no crosswalk or limit line, before entering the intersection and shall remain standing until a green indication is shown, except as provided in subparagraph (ii).

  (ii) Vehicular traffic facing a steady red signal, after stopping before entering the crosswalk on the near side of the intersection or at a limit line when marked or, if there is no crosswalk or limit line, before entering the intersection, may make a right turn from a 1-way or 2-way street into a 2-way street or into a 1-way street carrying traffic in the direction of the right turn or may make a left turn from a 1-way or 2-way street into a 1-way roadway carrying traffic in the direction of the left turn, unless prohibited by sign, signal, marking, light, or other traffic control device. The vehicular traffic shall yield the right of way to pedestrians and bicyclists lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

  (d) If the signal exhibits a steady green arrow indication, vehicular traffic facing the green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the arrow or other movement permitted by other indications shown at the same time. The vehicular traffic shall yield the right-of-way to pedestrians and bicyclists lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

  (2) If a traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section apply except for those provisions that by their nature cannot apply. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of a sign or marking, the stop shall be made at the signal.

  (3) A person who violates subsection (1) or (2) is responsible for a civil infraction.

  (4) A vehicle operator who approaches a person using a wheelchair or a device to aid the person to walk at a crosswalk or any other pedestrian crossing shall take necessary precautions to avoid accident or injury to the person using the wheelchair or device. A person who violates this subsection is guilty of a misdemeanor.

  (5) A sign prohibiting a turn on a red signal as provided in subsection (1)(c)(ii) shall be located above or adjacent to the traffic control signal or as close as possible to the point where the turn is made, or at both locations, so that 1 or more of the signs are visible to a vehicle operator intending to turn, at the point where the turn is made. An additional sign may be used at the far side of the intersection in the direct line of vision of the turning vehicle operator.

  (6) Subject to federal law, a temporary traffic control signal may be located on, over, or adjacent to the traveled portion of the roadway.

 

 

MCL 257.626 Reckless driving on highway, frozen public lake, or parking place; violation as misdemeanor; penalty.

 

  (1) A person who violates this section is guilty of reckless driving punishable as provided in this section.

  (2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

  (3) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes serious impairment of a body function to another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

  (4) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

  (5) In a prosecution under subsection (4), the jury shall not be instructed regarding the crime of moving violation causing death.

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