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

Mich. Comp. Laws § 750.479a (2026)

Failure to obey direction of police or conservation officer to stop motor vehicle or vessel; violation of subsection (1); fleeing and eluding as felony; penalty; suspension of license; revocation; conviction and sentence under other provision; definitions.

✓ current as of July 2026
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THE MICHIGAN PENAL CODE


Act 328 of 1931


750.479a Failure to obey direction of police or conservation officer to stop motor vehicle or vessel; violation of subsection (1); fleeing and eluding as felony; penalty; suspension of license; revocation; conviction and sentence under other provision; definitions.

Sec. 479a.

    (1) An operator of a motor vehicle or vessel 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 operator to bring his or her motor vehicle or vessel to a stop shall not willfully fail to obey that direction by increasing the speed of the vehicle or vessel, extinguishing the lights of the vehicle or vessel, or otherwise attempting to flee or elude the police or conservation officer. This subsection does not apply unless the police or conservation officer giving the signal is in uniform and the officer's vehicle or vessel is identified as an official police or department of natural resources vehicle or vessel.

    (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 $2,000.00, 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 $5,000.00, or both, if 1 or more of the following circumstances apply:

    (a) The violation results in a collision or accident.

    (b) For a motor vehicle, 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 or, for a vessel, a portion of the violation occurred in an area designated as "slow—–no wake", "no wake", or "restricted" whether the area is posted or created by law or administrative rule.

    (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 $10,000.00, or both, if 1 or more of the following circumstances apply:

    (a) The violation results in serious impairment of a body function of 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 $15,000.00, or both.

    (6) Upon a conviction for a violation or attempted violation under subsection (2) or (3), the following apply:

    (a) If the individual was operating a motor vehicle, the secretary of state shall suspend the individual's operator's or chauffeur's license as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.

    (b) If the individual was operating a vessel, the individual's privilege to operate a vessel shall be suspended for a period not to exceed 5 years.

    (7) Upon a conviction for a violation or attempted violation under subsection (4) or (5), the following apply:

    (a) If the individual was operating a motor vehicle, the secretary of state shall revoke the individual's operator's or chauffeur's license as provided in section 303 of the Michigan vehicle code, 1949 PA 300, MCL 257.303.

    (b) If the individual was operating a vessel, the individual's privilege to operate a vessel shall be revoked for a period of not less than 5 years.

    (8) Except as otherwise provided in this subsection, a conviction under this section does not prohibit a conviction and sentence under any other applicable provision for conduct arising out of the same transaction. A conviction under subsection (2), (3), (4), or (5) prohibits a conviction under section 602a of the Michigan vehicle code, 1949 PA 300, MCL 257.602a, for conduct arising out of the same transaction.

    (9) As used in this section:

    (a) "Prior conviction" means:

    (i) For a violation of this section while operating a motor vehicle, the person had a previous conviction for a violation of this section while operating a motor vehicle or a previous conviction for fleeing and eluding under a current or former law of this state prohibiting substantially similar conduct while operating a motor vehicle.

    (ii) For a violation of this section while operating a vessel, the person had a previous conviction for a violation of this section while operating a vessel.

    (b) "Serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

    (c) "Vessel" means that term as defined in section 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80104.

    (10) This section shall be known and may be cited as the "Lieutenant Donald Bezenah law".

History: Add. 1966, Act 299, Eff. Mar. 10, 1967 ;-- Am. 1988, Act 407, Eff. Mar. 30, 1989 ;-- Am. 1996, Act 586, Eff. June 1, 1997 ;-- Am. 1998, Act 344, Eff. Oct. 1, 1999 ;-- Am. 2002, Act 270, Eff. July 15, 2002 ;-- Am. 2012, Act 60, Eff. Nov. 1, 2012

Notes of Decisions
Cited in 90 cases (24 in the last 5 years), 1974–2026 · leading case: People v. Green, 680 N.W.2d 477 (Mich. Ct. App. 2004).
Sort: Relevance Newest Treatment
People v. Green, 680 N.W.2d 477 (Mich. Ct. App. 2004). · cites it 12× “MCL 750.479a.. We reverse and remand for proceedings consistent with this opinion.”
People v. Grayer, 651 N.W.2d 818 (Mich. Ct. App. 2002). · cites it 7× “Defendant was charged with third-degree fleeing and eluding, MCL 750.479a, resisting and obstructing an officer, MCL 750.”
People v. Grayer, 599 N.W.2d 527 (Mich. Ct. App. 1999). · cites it 10× “No prior cases have analyzed what conduct constitutes third-degree fleeing and eluding under MCL 750.479a; MSA 28.747(1). We are thus confronted with an issue of first impression.”
People v. McGraw, 771 N.W.2d 655 (Mich. 2009). · cites it 2× “[5] MCL 750.479a(3). [6] Had no points been assessed under OV 9, the guidelines minimum sentence range would have been 19 to 76 months, and defendant's 9-year sentence would have exceeded the recommended sentencing range.”
People v. Moore, 679 N.W.2d 41 (Mich. 2004). · cites it 2× “§ 750.479a(3). [12] Contrast People v. Tavolacci, 88 Mich.”
People v. Jones, 823 N.W.2d 312 (Mich. Ct. App. 2012). · cites it 3× “479a(4)(a), third-degree fleeing and eluding a police officer, MCL 750.479a(3), felonious driving, former MCL 257.”
People v. Shepherd, 697 N.W.2d 144 (Mich. 2005). · cites it 2× “Butters was charged with third-degree fleeing and eluding the police, MCL 750.479a(3); two counts of felonious assault, MCL 750.”
People v. Harrell, 247 N.W.2d 829 (Mich. 1976). · cites it 4× “747, and fleeing and eluding a police officer, MCLA 750.479a; MSA 28.747(1). On December 23, 1971, defendant was sentenced to 6 months in jail and $150 costs, or an additional 30 days in jail on one count, and a suspended sentence of $100 fine and $100 costs on the other count.”
Jones v. Dep't of Corr., 664 N.W.2d 717 (Mich. 2003). · cites it 2× “§ 750.479a(2). [4] Apparently, plaintiff's only mitigation evidence pertained to the dismissed third count of the parole violation warrant.”
People v. Nyx, 734 N.W.2d 548 (Mich. 2007). · cites it 2× “[29] MCL 750.479a. [30] MCL 750.411 l through MCL 750.”
Crehan v. Davis, 713 F. Supp. 2d 688 (W.D. Mich. 2010). · cites it 6× “The current version of Mich. Comp Laws § 750.479a is identical to the one in effect on April 13, 2007.”
People v. Weeder, 674 N.W.2d 372 (Mich. 2004). · cites it 2× “625(4); two convictions for first-degree fleeing and eluding, MCL 750.479a(5); and one conviction for operating a motor vehicle while license suspended, subsequent offense, MCL 257.”
Show all 90 citing cases →
— Mich. Comp. Laws § 750.479a(1) — 9 cases
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2018).
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2018).
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2021).
People of Michigan v. Joshua Jamalle Mitchell (Mich. Ct. App. 2018).
People of Michigan v. Joshua Jamalle Mitchell (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 750.479a(2) — 4 cases
Jones v. Dep't of Corr., 664 N.W.2d 717 (Mich. 2003). “§ 750.479a(2). [4] Apparently, plaintiff's only mitigation evidence pertained to the dismissed third count of the parole violation warrant.”
People of Michigan v. William Jeffery Whitmore (Mich. Ct. App. 2019).
People of Michigan v. Kyle Joseph Longacre (Mich. Ct. App. 2021).
People of Michigan v. Marty Ray Mitchell (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 750.479a(3) — 38 cases
People v. McGraw, 771 N.W.2d 655 (Mich. 2009). “[5] MCL 750.479a(3). [6] Had no points been assessed under OV 9, the guidelines minimum sentence range would have been 19 to 76 months, and defendant's 9-year sentence would have exceeded the recommended sentencing range.”
People v. Moore, 679 N.W.2d 41 (Mich. 2004). “§ 750.479a(3). [12] Contrast People v. Tavolacci, 88 Mich.”
People v. Shepherd, 697 N.W.2d 144 (Mich. 2005). “Butters was charged with third-degree fleeing and eluding the police, MCL 750.479a(3); two counts of felonious assault, MCL 750.”
People v. Jones, 823 N.W.2d 312 (Mich. Ct. App. 2012). “479a(4)(a), third-degree fleeing and eluding a police officer, MCL 750.479a(3), felonious driving, former MCL 257.”
People v. Grayer, 599 N.W.2d 527 (Mich. Ct. App. 1999). “No prior cases have analyzed what conduct constitutes third-degree fleeing and eluding under MCL 750.479a; MSA 28.747(1). We are thus confronted with an issue of first impression.”
— Mich. Comp. Laws § 750.479a(3)(c) — 7 cases
People v. Grayer, 599 N.W.2d 527 (Mich. Ct. App. 1999). “No prior cases have analyzed what conduct constitutes third-degree fleeing and eluding under MCL 750.479a; MSA 28.747(1). We are thus confronted with an issue of first impression.”
People of Michigan v. Ryan Michael Bright (Mich. Ct. App. 2026).
People of Michigan v. Kcee Kinard Odom (Mich. Ct. App. 2015).
People of Michigan v. Tony Jerome-Jerry Harris (Mich. Ct. App. 2016).
People of Michigan v. James Lynn Johnson (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 750.479a(3)(e) — 1 case
United States v. Bass, 274 F. App'x 443 (6th Cir. 2008).
— Mich. Comp. Laws § 750.479a(4) — 5 cases
People v. Lynch, 502 N.W.2d 345 (Mich. Ct. App. 1993).
People of Michigan v. Timothy Miles Medley (Mich. Ct. App. 2016).
People of Michigan v. Rashed Am Brown (Mich. Ct. App. 2024).
People of Michigan v. Timothy Miles Medley (Mich. Ct. App. 2015).
People of Michigan v. Timothy Miles Medley (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 750.479a(4)(a) — 3 cases
People v. Jones, 823 N.W.2d 312 (Mich. Ct. App. 2012). “479a(4)(a), third-degree fleeing and eluding a police officer, MCL 750.479a(3), felonious driving, former MCL 257.”
People of Michigan v. Rashed Am Brown (Mich. Ct. App. 2019).
Dujuan Quinn v. State of Michigan (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 750.479a(5) — 6 cases
People v. Weeder, 674 N.W.2d 372 (Mich. 2004). “625(4); two convictions for first-degree fleeing and eluding, MCL 750.479a(5); and one conviction for operating a motor vehicle while license suspended, subsequent offense, MCL 257.”
People v. Gimotty, 549 N.W.2d 39 (Mich. Ct. App. 1996).
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2018).
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2018).
People of Michigan v. John Coryell Kelsey II (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 750.479a(l) — 4 cases
People v. Green, 680 N.W.2d 477 (Mich. Ct. App. 2004). “MCL 750.479a.. We reverse and remand for proceedings consistent with this opinion.”
People v. Grayer, 651 N.W.2d 818 (Mich. Ct. App. 2002). “Defendant was charged with third-degree fleeing and eluding, MCL 750.479a, resisting and obstructing an officer, MCL 750.”
People v. Abramski, 665 N.W.2d 501 (Mich. Ct. App. 2003).
People v. Lynch, 502 N.W.2d 345 (Mich. Ct. App. 1993).
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