I was recently in a car accident. My four year old son died at the hands of my bad decision. I am a first time offender. Criminal charges have not yet been filed, but at an emergency CPS hearing for my other son (who is safe and unharmed) I saw in the paperwork that I will be charged with OWI causing death. As a first time offender (for anything other than speeding tickets) I am terrified, and not sure where to go from here. All I'm sure of, is I am in need of a lawyer. I have taken steps already to look for counceling, and substance abuse counceling/classes. I want to do everything I can to stay out of jail, and maintain the life I once knew. Please, help me.
3 Answers from Attorneys
First of all, I am sorry for your loss. I cannot imagine what you must be going through. DO NOT make any admissions to anyone. That includes not talking to the police AT ALL. Say nothing to anyone except a lawyer. Anything you say to anyone else can be used against you.
Just because you may have been over the limit, does NOT mean you are legally guilty. The prosecutor has much more to prove than that. Your BAC is only one element of the crime - there are others. Further, if the police did not do things correctly, and they often do not, it may work in your favor.
Contact an OWI attorney right away - do not wait. Make sure the attorney you retain is someone who knows how to handle serious OWI cases. He or she will know what to look for and how to help you. I wish you the best.
Ed
Our criminal defense team has decades of experience handling alcohol offenses. One of our attorneys is certified in the FST testing. Another of our attorneys is a former Michigan State Police Trooper with tons of experience. He also served as a prosecuting attorney for years and therefore he understands how to best defend these cases. We have separate attorneys that practice mostly CPS defense law. These expert attorneys can help you. Call our main office as soon as you're ready to hire a defense team. You can reach us today at 1 800-576-6035. You can read more at:
www. WinDrunkDriving.com
www.ChildProtectiveServicesDefense.com
I am very sorry for your loss. I don't even pretend to imagine what you are going through with that.
If you are convicted of the OWI Causing Death, jail is a guarantee at the very least. Prison is quite likely due to the nature of the offense even if you have had a spotlessly clean record before that terrible day. However, simply because you may have been over the limit and was in an accident that resulted in your son's death doesn't mean you are automatically guilty. This type of charge rests very heavily on the "causation" element. Not only do they have to prove you were driving drunk, but that your drunk driving was the causation of your son's death. Only an experienced OWI defense knows that knows the ins and outs of OWI cases knows what to look for and how to fight them.
You and your family has suffered a great loss. Don't let them suffer another loss by having you convicted of a felony and going away to prison. Contact us today at (517) 614-1983 for a consultation.
http://www.austin-legal.net/practice-areas/duiowiowvi/
http://www.austin-legal.net/2014/05/owi-causing-serious-injury-death/
http://www.austin-legal.net/2014/11/proving-causation-owi-causing-injury-owi-causing-death-cases/
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