Recently my uncle was ran off the road by an oncoming vehicle in his lane. He swerved into a side ditch in order to miss it. There were no marks of the other vehicle (it didn't stop) anywhere. The police said they had to give my uncle a breathalizer just for the records. When they did, he blew a 13. My uncle wasn't drunk and I know it. The officer even told him that he knew he wasn't drunk. He had to take him downtown, though to take another test. He blew a 14 and 15. He's been on prescription meds, but no alcohol. Not even cough syrup. So... He has a court date (his license was revoked), and needs me to write a letter to the court stating my name, his name, how I know him, and that I've never seen him drunk. I don't know how to structure this letter. Any ideas?
2006-11-02 07:46:18 · 4 answers · asked by chocolatelovergirl 3 in Politics & Government ➔ Law & Ethics
If he blew a thirteen he was drunk, whether he was acting drunk or not. It doesn't really matter who's fault it was that he wound up in the ditch. I'm just glad he wound up there and not plowed into the side of a car carrying my children.
2006-11-02 07:52:48 · answer #1 · answered by Jennifer F 6 · 1⤊ 1⤋
I hope your uncle has hired an attorney.
Driving While Intoxicated, or DUI as it is sometimes called, is a serious offense which can result in driver's license suspension or revocation, a jail sentence, extended probation, and heavy fines.
The process of defense on a DUI or DWI is extensive and complicated. I won't go into the details now. However, writing a letter to the judge such as you describe will have virtually no effect whatsoever.
Your uncle needs to immediately contact an attorney who is experienced in DUI defense to assist him in this matter and who can assist him with a knowledge of the laws and procedures in your state. If he doesn't know an attorney, contact your local or state bar association for a referral.
2006-11-02 08:33:11 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
1. Facts: He drove his car into a ditch & blew well over the blood alcohol limit.
2. Conclusion: He's lying about not drinking.
3. Letters to courts don't count. No one's gonna read it. The best thing you can do for him is to tell him to let his lawyer minimize the damage & offer to drive him to where he has to go while his license is suspended.
2006-11-02 08:44:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Put your name, your address, and just list the facts he asked you to. Just use numbers, judges love numbered lists. Then sign the bottom.
2006-11-02 07:48:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋