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Homicide OWI Charge Declined

Law enforcement referred to prosecutors potential criminal charges of homicide by intoxicated use of a motor vehicle after our client crashed his car while drinking and driving. In a tragic twist, a passerby who stopped to assist the client after the crash was killed.  Attorney Verhoff spoke with prosecutors prior to charges being issued and argued that while our client was impaired while driving and should be held accountable for those actions, he did not directly cause the death of the other person.  If charged criminally, this would leave open a statutory defense to the charge.  Prosecutors ultimately agreed.  Although the client was charged and convicted of OWI-1st Offense, the prosecution declined to file the homicide charge.