Christopher Albright, 23, of Chesterfield Township faces trial in Macomb County Circuit Court on charges of killing a fetus in a car crash while impaired by alcohol.
On Wednesday, he withdrew his plea of no contest involving the June 2014 crash at Metropolitan Parkway and Utica Road in Clinton Township which resulted in a woman having a miscarriage, according to a report by Jameson Cook of The Macomb Daily:
But Wednesday he decided to withdraw the plea after his attorney, Mark Awada, argued to Judge Edward Servitto that his client “feels he is being persecuted” because his blood-alcohol content was only .011 percent, although prosecutors say it was higher up to three hours earlier when the crash occurred.
That level is not considered as impaired for sentencing guidelines and for juvenile law, although the adult criminal law does not specify a minimum level for impairment.
Albright is a diabetic, and Awada said after the hearing it seems his client is being treated more harshly because of his condition. Servitto, at a hearing earlier this month, asked for more information about the effect of alcohol on diabetics.
