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Anastase Markou

Court Reverses Conviction in Case Where Defendant Not Allowed to Present Defense to Jury​

KALAMAZOO, MICH. – Feb. 7, 2017 – A driver in Kalamazoo County lost consciousness due to a medical emergency while operating her vehicle.  The car jumped the curb and struck a individual on a lawnmower and that person sustained serious injuries as the result of the crash. 

The driver was prosecuted for committing a motor vehicle violation causing serious impairment of a body function.  The court did not allow the defense to present evidence that a medical emergency led to the collision.

Lawyers at Levine & Levine filed an appeal with the Circuit Court.  The court reversed the conviction finding that evidence of a medical necessity which caused the loss of consciousness leading to the crash should have been allowed to be presented in the case.  The driver will receive a new trial.  The court further ruled that should such evidence exist, this time the jury must be instructed that a medical emergency, due loss of consciousness, may be a defense to the charge of committing a Motor Vehicle Violation Causing Serious Impairment of a Body Function.

The defendant has now won the right to a new trial based on the successful appeal filed by Tase Markou from Levine & Levine. Stay tuned

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About Levine & Levine

Levine & Levine is renowned in the legal community throughout Michigan and beyond, for offering compassionate, professional and thoughtful representation in addition to experienced and aggressive advocacy. Since 1987, the firm has provided highly effective representation to individuals and businesses. Levine & Levine specializes in criminal defense, family law, business law, appeals, and estate planning.

136 East Michigan Ave. 14th Floor  |  KalamazooMI 49007  |  Phone269-382-0444  |  Fax269-382-0464