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Attorneys Monroe MI

Failure to Stop in Assured Clear Distance is a Michigan Traffic Offense and Civil Infraction

Failure to stop at an assured clear distance is a traffic violation that means the motor vehicle driver does not provide enough space when following behind another car. Failure to stop in the assured clear distance is a civil infraction and a violation of Michigan Law and could lead to costly penalties.

The rear-end collision is one of the most common traffic offenses. The person at fault in a rear-end collision will likely be found guilty or responsible for the failure to maintain an assured distance. Talking to a Michigan traffic lawyer can help resolve these types of traffic offenses.

How does Michigan Law define failure to stop assured clear distance?

Michigan Statute defines Failure to Stop Assured Distance in MCL 257.627 and states in pertinent part:

“(1) A person operating a vehicle on a highway shall operate that vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other condition existing at the time. A person shall not operate a vehicle upon a highway at Speed greater than that which will permit a stop within the assured, clear distance ahead.”

Michigan Motor Vehicle Code MCL 257.627

Failure to stop at an assured distance is a traffic violation and is subject to punishment in District Court in Michigan.

What is a failure to stop assured clear distance?

The phrase “assured clear distance” is a somewhat ambiguous phrase. It’s one of Michigan’s traffic laws that you must maintain Speed and distance to come to a safe stop without colliding with the car in front of you. The distance between you and the vehicle in front of you that allows you to stop without causing an accident is assured clear distance.

Posted Speed Limit v Careful and Prudent Speed

Of course, your Speed and the gap between your car and the automobile in front of it are two essential factors. Other elements to consider include weather conditions, visibility, lighting, and the state or grade of the road.

Following the posted speed limit does not guarantee you will be found innocent of this civil infraction. The person operating a motor vehicle has to drive at a prudent speed that considers the weather and road condition at the time.

If you are in a rear-end collision, the driver who hit you will likely be responsible for assured clear distance violation under Michigan Law.

Civil Liability, Rear-end accidents and the Presumption of Guilt

There is a presumption of guilt for the party responsible for a rear-end collision. This is due to Michigan legislation that presumes the person who collides with the backend of another car is at fault.

This presumption can create civil liability for negligence for a party found responsible for a rear-end accident. One may want to talk to an attorney before admitting guilt or responsibility for an assured clear distance ahead ticket.

A ticket referred to as Failure to Stop Within Assured Clear Distance may be issued during a rear-end accident investigation if a participant is found guilty of this Michigan traffic offense.

What are the penalties for failure to stop assured clear distance in your motor vehicle?

Failure to Stop Within an Assured Clear Distance is a civil infraction that can result in the assessment of fines and costs. In Michigan, the usual fine for this offense is around $150.00.

Points Assessed for Failure to Maintain Assured Distance in Michigan?

The offense of failing to stop within assured clear distance carries two points on your driving record. In the Michigan Vehicle Code, each traffic infraction has a point value and may be discovered.

After you’ve been convicted of a misdemeanor or found responsible for a civil infraction, points are recorded on your driving history.

Traffic violations and your car insurance rates

Additionally, being convicted of a moving violation may cause your automobile insurance premiums since the company will likely determine you are a risky driver who poses an accident threat.

How can I avoid getting convicted of Failure To Stop In Assured Clear Distance traffic ticket?

If a motorist is stopped for failing to keep a safe distance behind another vehicle, they are not required to admit guilt. Instead, they may request a formal or informal hearing before a district court judge or magistrate in Michigan.

A traffic attorney might be able to negotiate a plea bargain with the prosecutor for a lesser charge of impeding traffic or other lesser offense.

In your Michigan assured clear distance ticket case, you might want to defend yourself by asserting one of several possible defenses:

  • The officer did not observe the entire incident; therefore, they couldn’t decide who was at fault.
  • The officer did not have sufficient time to make an observation, or the weather conditions were unfavorable.
  • The other driver caused the accident.
  • You were following too closely but attempted to stop in time.

If you are ticketed for assured clear distance, call an experienced traffic ticket lawyer who can help you fight the charge and avoid points on your driving record.

Hire a Michigan Traffic Attorney today!

Failing to stop in the assured clear distance is a civil infraction resulting in costly penalties. If you are charged with failing to stop, it is crucial to call an attorney as soon as possible so they can help you navigate the legal process and avoid any additional charges.

If your lawyer believes there may be opportunities for dismissal or reduction of charges based on evidence collected at the scene, they will work hard to obtain those outcomes for you.

Bruce Law Firm handles all types of traffic violations, including failure to stop in assured clear distance cases; contact us today if this has happened to you! Our traffic lawyers offer a free consultation to review your case.