A deer defense has failed for an Iosco County man who was convicted of a wreck that hurt two passengers.

Steven DeCaluwe says the sudden appearance of a deer caused the rollover. He says no rational jury could have found him guilty of driving drunk and causing serious injuries.

But the Michigan appeals court this week says one of the passengers didn't see a deer, and the investigating officer says a deer was never mentioned.

DeCaluwe was sentenced to five months in jail in Tawas City, the Iosco County seat.

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