Mich. Comp. Laws » Michigan Compiled Laws / Chapter 750 / Act 328 of 1931
Michigan Compiled Laws

Mich. Comp. Laws § 750.326 (2026)

Immoderate speed not dependent on legal speed.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.326 Immoderate speed not dependent on legal speed.

Sec. 326.

    Immoderate speed not dependent on legal rate of speed—In any prosecution under the 2 next preceding sections, whether the defendant was driving at an immoderate rate of speed shall not depend upon the rate of speed fixed by law for operating such vehicle.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.326

FormerLaw Notes:

    See section 3 of Act 98 of 1921, being CL 1929, § 16745.

Notes of Decisions
Cited in 4 cases, 1957–1990 · leading case: People v. Florida, 233 N.W.2d 127 (Mich. Ct. App. 1975).
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People v. Florida, 233 N.W.2d 127 (Mich. Ct. App. 1975). “558, that in a prosecution for either involuntary manslaughter due to the use of an automobile or negligent homicide, the question of "whether the defendant was driving at an immoderate rate of speed shall not depend upon the rate of speed fixed by law for operating such…”
People v. Wigle, 86 N.W.2d 813 (Mich. 1957). “” CL 1948, § 750.326 (Stat Ann 1954 Rev § 28.558). CL 1948, § 725.”
People v. Lovett, 226 N.W.2d 861 (Mich. Ct. App. 1975). “While the fact that defendant exceeded the speed limit is not sufficient, in and of itself, to establish that defendant was operating his vehicle "at an immoderate rate of speed”, MCLA 750.326; MSA 28.558; People v Spence, 250 Mich 573 ; 231 NW 126 (1930), we feel that the fact…”
People v. Mihlfeld, 455 N.W.2d 349 (Mich. Ct. App. 1990). “Under the statute, criminal liability may be im *613 posed when a death results from the operation of a vehicle: (1) at an immoderate rate of speed; or (2) in a negligent manner.”
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