Legal Question in Criminal Law in Michigan

drunk driving, fleeing and eluding

Does there have to be a reason for drunk driving, whether it is to just crusing around, or to get home? What if a mental state brought on by the alcohol produces the flight responce to a certain social situation? Does that qualify as intent to break a law criminally? And what if the person that got stopped for this drunk driving and fleeing and eluding pleads to have the police on the seen to shoot him that he does not want to live and goes nuts, does that show the lack of mental stibility to know what it is that he is doing at the time he is doing it? And what if there was proof of a mental medical condition of post traumatic stress disorder, and severe anxiety with tendencies to be biapolar. What I am trying to understand is whether criminal intent can be proven in a case that involoves a mental condition such as those I have listed, and voluntary alcohol consumption and/ or drug is the deciding factor in the intent to do a criminal act such as drunk driving and fleeing and eluding? Or is because of the mental condition over ride the circumstances of the criminal behavior? I am doing a research paper on criminal intent that involves a person with a mental condition that was untreated. can you help me understand. thanks


Asked on 10/19/07, 10:38 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: drunk driving, fleeing and eluding

OWI is a general intent crime, not a specific intent crime. So, your mental health factors are not defenses. The elements are (a) defendant operated a motor vehicle (b) on a public street (c) while intoxicated. The defendant does not have to "intend" to drive drunk. Defendant just has to be driving while intoxicated.

A charge of Fleeing/Eluding police might be affected by mental health issue. The driver must have "wilfully failed to obey" police directions to stop a car. The defendant should consult with a criminal defense attorney in your area. Mental health evaluations (including an evaluation for criminal responsibility) may be needed.

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Answered on 10/22/07, 10:14 am


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