If a person in Michigan causes the death of another person when operating a vehicle while intoxicated then they will likely be charged with Michigan OWI Vehicular Manslaughter. This is a felony offense that includes the very real possibility of a long-term period of imprisonment as well as a myriad of other serious penalties. If you have been charged with Michigan OWI Vehicular Manslaughter then you need to take action immediately. Your entire life and freedom is at stake. It is critical that you hire a highly experienced and qualified defense attorney who will stand up for you in the face of this most serious allegation.
Michigan OWI Vehicular Manslaughter can result in a maximum 15 years of incarceration in a Michigan prison. Additionally, there are thousands of dollars of court costs and fines and a lifetime driver’s license revocation. A felony conviction, even after a prison term, stays on your criminal record for a lifetime. It cannot be expunged or erased at a later date. Convicted felons routinely experience roadblocks seeking employment as well as denial from school or housing applications. In Michigan a convicted felon is barred from owning a gun or from voting.
In order for the prosecutor to win a conviction for Michigan OWI Vehicular Manslaughter he must prove two things. First, he must prove that the defendant was operating a vehicle under the influence of drugs and/or alcohol at the time of the accident. Second, he must prove that the defendant was the cause of the accident that resulted in the death of another person. Just because it can be proven that the driver was intoxicated at the time of the accident resulting in death, it is not automatic that the defendant caused the death. A qualified and experienced Michigan OWI defense attorney can highlight the nuanced difference between these facts.
Often times an Accident Reconstruction Expert can collect and/or review evidence in a manner quite different than the prosecutor’s expert. A well-chosen Michigan OWI defense attorney will know how to employ the right reconstruction expert. That expert can analyze damaged vehicles, skid marks and the vehicle itself, checking for equipment failures. There are numerous incidents in which it can be established that while the driver was intoxicated at the time of the accident, his intoxicated driving was not the cause of the death.
Additionally, your qualified Michigan OWI defense attorney will know how to challenge the blood, breath or urine test results that the prosecutor will be using to establish your alleged blood alcohol content (BAC). Perhaps there are significant issues with the method of collection which will prevent your BAC results from being accepted by the court into evidence. Even if your blood results are allowed into evidence your Michigan OWI defense attorney should know how to challenge the equipment and methodology under which the sample was analyzed. If it can be proven that you don’t meet the legal definition of “intoxicated” or if your driving didn’t “cause” the death, then your case can be outright dismissed or the charges can be dramatically reduced.
Developing a strong defense to a Michigan OWI Vehicular Manslaughter charge is an intensive and time consuming task. It will often take the prosecutor months of investigation after the accident before bringing actual charges. The prosecutor is working very hard during this period of time. You will want an experienced Michigan OWI defense attorney to be working even harder during this period of time. Your life depends on it.
If you have been charged with a Michigan OWI Vehicular Manslaughter you need to take immediate action. Attorney Richard I. Lippitt has the experience and knowledge that is required to attack your case. Mr. Lippitt employs a vast network of scientific and blood experts who can potentially challenge your Michigan OWI Vehicular Manslaughter arrest. Additionally, Mr. Lippitt possesses the legal scholarship necessary to develop potential constitutional challenges of your Michigan Vehicular Manslaughter arrest. Michigan OWI defense attorney Richard I. Lippitt is highly skilled and experienced in investigating and challenging the facts and circumstances of Michigan OWI arrests. Mr. Lippitt appears in Michigan courts over 350 times each year in defense of Michigan OWIs.
Attorney Richard I. Lippitt stands ready to provide you with a free, no obligation meeting regarding your Michigan OWI Vehicular Manslaughter case. Please call or request a Free Case Evaluation via the form on this page.