From what the op said, kid did avoid the deer.
it would appear, based on the above statement by the state of Michigan, that he may not have been in violation of the “driving too fast for conditions” law. A deer that runs into te road is an emergent condition and is not applicable to the ability to being able to stop within an assured clear distance.
Pursuant to MCL 257.627(1), a person operating a vehicle on a highway shall operate that vehicle at a careful and prudent speed not greater than nor less that 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 a speed greater than that which will permit a stop within the assured, clear distance ahead. A violation of MCL 257.627(1) shall be referred to as a violation of the “basic speed law” or “VBSL.
The more I think about this the greater chance I think the kid has to beat the ticket. Since the kid was speeding, I would believe this issue to be more accurate;
257.626b Careless or negligent operation of vehicle as civil infraction.Sec. 626b.
A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.
If the cop or prosecutor really wanted to push the issue, they could likely charge this;
257.626 Reckless driving on highway, frozen public lake, or parking place; violation as misdemeanor; penalty.Sec. 626.
(1) A person who violates this section is guilty of reckless driving punishable as provided in this section.
(2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes serious impairment of a body function to another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
driving down a dirt road, in excess of the speed limit, could be seen as willful disregard for the safety of others, especially considering his lack of experience and the multiple underage kids in the car.
If anybody was seriously injured, it bumps up to a felony.