The Door County district attorney says she wouldn’t be able to meet her burden of proof because operating while intoxicated as a first offense is a non-criminal traffic violation.
The family of 56-year-old David Marsek is angry because the man who hit and fatally injured him last year won’t be charged with homicide by intoxicated use of a vehicle. That driver admitted he was speeding and his blood-alcohol content level was measured at .123 — well above the legal limit.
He says he thought he hit a deer, he drove over Marsek’s body as he drove to a friend’s house before calling 9-1-1. His name hasn’t been released.
