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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5913 June 3, 1981 POLICE: Discretion of police officer to issue a citation WORDS AND PHRASES: 'May' A police officer is authorized to exercise his discretion in the issuance of a citation after personal investigation to a person involved in a motor vehicle accident. Honorable Thomas J. Anderson State Representative The Capitol Lansing, Michigan You have requested my opinion of the meaning of the word 'may' as it appears in 1949 PA 300, Sec. 728(8), as amended; MCLA 257.728(8); MSA 9.2428(8). In pertinent part, 1949 PA 300, Sec. 728(8), supra, provides: 'A police officer may issue a citation to a person who is a driver of a motor vehicle involved in an accident when, based on personal investigation, the officer has reasonable cause to believe that the person has committed a misdemeanor . . . in connection with the accident. . . .' The question you have posed has been addressed and answered by the Legislature. In 1949 PA 300, Sec. 1, MCLA 257.1; MSA 9.1801, the Legislature has provided: 'The following words and phrases as defined in this chapter and as herein enumerated when used in this act shall, for the purpose of this act, have the meanings respectively ascribed to them in this chapter.' The term 'may' has been defined in the Michigan Vehicle Code, 1949 PA 300, Sec. 82, MCLA 257.82; MSA 9.1882, to mean 'permissive.' It is my opinion, therefore, that a police officer may, on his or her discretion, issue a citation after personal investigation to a person involved in a motor vehicle accident whom the officer believes to have committed a misdemeanor under the Michigan Vehicle Code. Frank J. Kelley Attorney General
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