QUESTION
Is there hope with fighting my rights for OWI and leaving the scene of the accident?
Asked on Jul 27th, 2016 on Criminal Law - Michigan
More details to this question:
Prior to the incident, I have done damage to my knee and have knee brace for 8 weeks. I chose to drive to get cigs and realizing I had no control of brakeage to avoid deer that went off the road and did some damage to my car. I did not report it and with stress, decided to have drinks. About an hour and half later, cops came to my home as do recall seeing a couple people and they called police. Upon the cops’ arrival, I had a buzz on and they assumed I was drinking during incident and arrested me. I told them that I was not driving drinking and explained what happened as my control of leg was more out of my actions to have better control. They refused my statement and continue with their superior power to control and to fill in the dotted lines to their discretion. I have court hearing and my lawyer says to say nothing to any plead.
1 ANSWER
Criminal Law Attorney serving Royal Oak, MI
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James S. Lawrence
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If you did not already admit that you were driving, do not do so. If you did admit to driving, you have no viable defense to leaving the scene of an accident (the only viable defense I know of is that you needed to leave to get medical treatment, bring someone else for medical treatment, clear debris from the road, etc). You still have a defense to driving while intoxicated. They have no evidence you were intoxicated at the time of the driving, unless you confess to it.
Answered on Aug 29th, 2016 at 4:03 AM