MICHIGAN VEHICLE CODE
Act 300 of 1949
257.602a Failure to stop at signal of police or conservation officer; penalty; subsection (1) inapplicable unless officer in uniform and vehicle identified; violation of subsection (1) as felony; conviction for conduct arising out of same transaction; “serious injury” defined.
Sec. 602a.
(1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring his or her motor vehicle to a stop shall not willfully fail to obey that direction by increasing the speed of the motor vehicle, extinguishing the lights of the motor vehicle, or otherwise attempting to flee or elude the officer. This subsection does not apply unless the police or conservation officer giving the signal is in uniform and the officer's vehicle is identified as an official police or department of natural resources vehicle.
(2) Except as provided in subsection (3), (4), or (5), an individual who violates subsection (1) is guilty of fourth-degree fleeing and eluding, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $500.00, or both.
(3) Except as provided in subsection (4) or (5), an individual who violates subsection (1) is guilty of third-degree fleeing and eluding, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both, if 1 or more of the following circumstances apply:
(a) The violation results in a collision or accident.
(b) A portion of the violation occurred in an area where the speed limit is 35 miles an hour or less, whether that speed limit is posted or imposed as a matter of law.
(c) The individual has a prior conviction for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.
(4) Except as provided in subsection (5), an individual who violates subsection (1) is guilty of second-degree fleeing and eluding, a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both, if 1 or more of the following circumstances apply:
(a) The violation results in serious injury to an individual.
(b) The individual has 1 or more prior convictions for first-, second-, or third-degree fleeing and eluding, attempted first-, second-, or third-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.
(c) The individual has any combination of 2 or more prior convictions for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct.
(5) If the violation results in the death of another individual, an individual who violates subsection (1) is guilty of first-degree fleeing and eluding, a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.
(6) A conviction under this section does not prohibit a conviction and sentence under any other applicable provision, except section 479a(2), (3), (4), or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a, for conduct arising out of the same transaction.
(7) As used in this section, "serious injury" means a physical injury that is not necessarily permanent, but that constitutes serious bodily disfigurement or that seriously impairs the functioning of a body organ or limb. Serious injury includes, but is not limited to, 1 or more of the following:
(a) Loss of a limb or use of a limb.
(b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.
(c) Loss of an eye or ear or use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain damage or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or hematoma.
History: Add. 1966, Act 203, Eff. Sept. 1, 1966 ;-- Am. 1968, Act 160, Eff. Nov. 15, 1968 ;-- Am. 1981, Act 159, Eff. Mar. 31, 1982 ;-- Am. 1988, Act 406, Eff. Mar. 30, 1989 ;-- Am. 1996, Act 587, Eff. June 1, 1997 ;-- Am. 1998, Act 347, Eff. Oct. 1, 1999 ;-- Am. 1999, Act 73, Eff. Oct. 1, 1999
Notes of Decisions
Cited in
170
cases (
62 in the last 5 years), 1970–2026 · leading case:
People v. Chapo, 770 N.W.2d 68 (Mich. Ct. App. 2009).
People v. Chapo, 770 N.W.2d 68 (Mich. Ct. App. 2009).
· cites it 3× “Following a jury trial, defendant was convicted of fourth-degree fleeing or eluding a police officer, MCL 257.602a(2), for which he was sentenced to three years’ probation.”
People v. Lucey, 787 N.W.2d 133 (Mich. Ct. App. 2010).
· cites it 6× “Defendant appeals by delayed leave granted the sentence of 17 to 30 months in prison imposed on his plea-based conviction of attempted third-degree fleeing and eluding, MCL 257.602a(3). 1 We affirm defendant’s *269 convictions 2 but remand for resentencing or rearticulation of a…”
People v. Wood, 741 N.W.2d 574 (Mich. Ct. App. 2007).
· cites it 5× “602a, provides, in relevant part: (1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by *671 a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring his or…”
People v. Nix, 836 N.W.2d 224 (Mich. Ct. App. 2013).
“136b(3)(b), and one count of third-degree fleeing and eluding a police officer in violation of MCL 257.602a(3)(a). Defendant’s convictions stem from a high-speed chase with several deputies instigated by defendant’s flight.”
Robinson v. City of Detroit, 613 N.W.2d 307 (Mich. 2000).
“The officer should be able to rely on MCL 257.602a; MSA 9.2302(1) and MCL 257.653; MSA 9.”
Rogers v. City of Detroit, 579 N.W.2d 840 (Mich. 1998).
· cites it 2× “§ 257.602a; M.S.A. § 9.2302(1) mandates that a motorist shall not wilfully fail to obey a police officer's direction to stop.”
Hardesty v. City of Ecorse, 623 F. Supp. 2d 855 (E.D. Mich. 2009).
“MCL 257.602a defines fleeing and eluding and states that a driver “who is given by hand, voice, emergency light or siren, a visual or audible signal by a police .”
People v. Weddell, 774 N.W.2d 509 (Mich. 2009).
· cites it 3× “In light of the evidence presented, the trial court did not abuse its discretion by denying the defendant's motion for a new trial on the basis that the verdicts were against the great weight of the evidence after a jury convicted the defendant of being guilty but mentally ill…”
People v. Russell, 435 N.W.2d 487 (Mich. Ct. App. 1989).
“Such evasive action with a vehicle in the face of a lawful police stop constitutes a misdemeanor offense punishable by imprisonment or a fine, MCL 257.602a; MSA 9.2302(1) and MCL 750.479a; MSA 28.”
People v. Branch, 509 N.W.2d 525 (Mich. Ct. App. 1993).
· cites it 2× “Following a jury trial, defendant was convicted of fleeing and eluding a police officer under § 602a of the Vehicle Code, MCL 257.602a; MSA 9.2302(1). He then pleaded guilty of fleeing and eluding, second offense, MCL 257.”
People v. Dilworth, 804 N.W.2d 788 (Mich. Ct. App. 2011).
“Defendant appeals by right his jury convictions of third-degree fleeing and eluding, MCL 257.602a(3)(a), and driving while his license was suspended, MCL 257.”
People of Michigan v. Robert Maksymilian Solecki (Mich. Ct. App. 2017).
· cites it 8× “602a provides, in relevant part, as follows: (1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring…”
— Mich. Comp. Laws § 257.602a(1) — 22 cases
People of Michigan v. Robert Maksymilian Solecki (Mich. Ct. App. 2017).
“602a provides, in relevant part, as follows: (1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring…”
— Mich. Comp. Laws § 257.602a(2) — 31 cases
People v. Chapo, 770 N.W.2d 68 (Mich. Ct. App. 2009).
“Following a jury trial, defendant was convicted of fourth-degree fleeing or eluding a police officer, MCL 257.602a(2), for which he was sentenced to three years’ probation.”
— Mich. Comp. Laws § 257.602a(3) — 51 cases
People v. Lucey, 787 N.W.2d 133 (Mich. Ct. App. 2010).
“Defendant appeals by delayed leave granted the sentence of 17 to 30 months in prison imposed on his plea-based conviction of attempted third-degree fleeing and eluding, MCL 257.602a(3). 1 We affirm defendant’s *269 convictions 2 but remand for resentencing or rearticulation of a…”
People v. Branch, 509 N.W.2d 525 (Mich. Ct. App. 1993).
“Following a jury trial, defendant was convicted of fleeing and eluding a police officer under § 602a of the Vehicle Code, MCL 257.602a; MSA 9.2302(1). He then pleaded guilty of fleeing and eluding, second offense, MCL 257.”
— Mich. Comp. Laws § 257.602a(3)(a) — 38 cases
People v. Nix, 836 N.W.2d 224 (Mich. Ct. App. 2013).
“136b(3)(b), and one count of third-degree fleeing and eluding a police officer in violation of MCL 257.602a(3)(a). Defendant’s convictions stem from a high-speed chase with several deputies instigated by defendant’s flight.”
People v. Weddell, 774 N.W.2d 509 (Mich. 2009).
“In light of the evidence presented, the trial court did not abuse its discretion by denying the defendant's motion for a new trial on the basis that the verdicts were against the great weight of the evidence after a jury convicted the defendant of being guilty but mentally ill…”
People v. Dilworth, 804 N.W.2d 788 (Mich. Ct. App. 2011).
“Defendant appeals by right his jury convictions of third-degree fleeing and eluding, MCL 257.602a(3)(a), and driving while his license was suspended, MCL 257.”
— Mich. Comp. Laws § 257.602a(3)(b) — 8 cases
People of Michigan v. Robert Maksymilian Solecki (Mich. Ct. App. 2017).
“602a provides, in relevant part, as follows: (1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring…”
— Mich. Comp. Laws § 257.602a(4) — 8 cases
— Mich. Comp. Laws § 257.602a(4)(a) — 13 cases
People of Michigan v. Robert Maksymilian Solecki (Mich. Ct. App. 2017).
“602a provides, in relevant part, as follows: (1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring…”
— Mich. Comp. Laws § 257.602a(4)(b) — 4 cases
— Mich. Comp. Laws § 257.602a(5) — 16 cases
People v. Wood, 741 N.W.2d 574 (Mich. Ct. App. 2007).
“602a, provides, in relevant part: (1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by *671 a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring his or…”
People of Michigan v. Robert Maksymilian Solecki (Mich. Ct. App. 2017).
“602a provides, in relevant part, as follows: (1) A driver of a motor vehicle who is given by hand, voice, emergency light, or siren a visual or audible signal by a police or conservation officer, acting in the lawful performance of his or her duty, directing the driver to bring…”
— Mich. Comp. Laws § 257.602a(7) — 1 case
— Mich. Comp. Laws § 257.602a(7)(i) — 1 case
— Mich. Comp. Laws § 257.602a(l) — 2 cases
People v. Chapo, 770 N.W.2d 68 (Mich. Ct. App. 2009).
“Following a jury trial, defendant was convicted of fourth-degree fleeing or eluding a police officer, MCL 257.602a(2), for which he was sentenced to three years’ probation.”
People v. Lucey, 787 N.W.2d 133 (Mich. Ct. App. 2010).
“Defendant appeals by delayed leave granted the sentence of 17 to 30 months in prison imposed on his plea-based conviction of attempted third-degree fleeing and eluding, MCL 257.602a(3). 1 We affirm defendant’s *269 convictions 2 but remand for resentencing or rearticulation of a…”
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