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  • People vs Westcott

    People vs Westcott 
    (Drunk Driving and Leaving the Scene of an Accident)
    52-3 District Court Rochester Hills

    Bill was arrested and charged by two different jurisdictions. Because of the Leaving the Scene charge being baseless, it was dismissed. This resulted in a dismissal of the OUIL charge, due to double jeopardy.

    An Oakland County Sheriff’s deputy arrested Bill after he rear ended a car in Auburn Hills. The momentum of the accident carried Bill’s car about a quarter of a mile. Bill was given a ticket for Leaving the Scene of an Accident in Auburn Hills by an Auburn Hills officer and a ticket for OUIL by the sheriff. The sheriff was contracted by the Township of Oakland. I was able to get the Leaving the Scene of an Accident ticket dismissed because Bill had never left any scene. We had a jury trial of the OUIL.

    We knew that Bill’s car had never entered Oakland Township and therefore one of the elements of the offense, that the offense occurred in Oakland Township, could not be proved by the prosecutor. It was too late for the state because a witness had testified so jeopardy had attached. To try Bill in Auburn Hills would violate his constitutional rights against double jeopardy. The judge was required by law to dismiss the case with prejudice.