So, at about 3am on Nov. 1 I missed a dear and drove into a ditch totaling my car. I thought that I would have enough time to get my boyfriend to come down and help me tow it out. He got off of work at 6am, and said that he would be there at around 7am.
I did not know that leaving the side of the road where I crashed was a crime, nore did I know that negligence was not an excuse.
I went back to the place I was at and got wasted because I was so upset about my first car being totaled.
When we got there, my car had already been towed.
I couldn't sleep because I couldn't stop thinking about what I was going to do, no job, no money, car in impound and ruined.
Then a cop came to my door at 11am. I really don't remember the converstation, but he talked to me about the accident I told him what happened, he MADE me take a breathaliser and then he gave me a DWI!!
How can he give me a drink and drive when I was at my house?
Can anyone explain to me this, or what might happen to me??
Thanks!
2007-11-07 11:49:38 · 13 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I don't know why he would have given you a breathalyzer, unless you stated you were drinking prior to the accident.
2007-11-07 12:11:02 · answer #1 · answered by CGIV76 7 · 5⤊ 2⤋
In the UK a breathaliser test is standard following any motor related incident.
I... and they, are going to have a hard time believing you crashed because of "a deer" at 3am in the morning and THEN went home and got blind drunk out of emotional distress.
The circumstancial evidence is stacked severely against you and quite frankly your story is about as flimsy and unlikely as they come. Under questioning and in more detail it'll probably have more holes than Pete Docherty's forearm and if you don't just fess up you'll find yourself in some deep crap.
Some people think their employers and or police, teachers etc are idiots who never lived a days life or used a duff excuse themselves or encountered that kind of lie at all.
Your account of events reads like someone claiming the runs because of a dodgy curry as an excuse when pulling a sicky, or the dog ate it in relation to some homework that never got done.
I bet you think your the first person who could use that deer line and get away with it too. Come clean before you land yourself in more bother. This isn't school, this is the law.
2007-11-07 11:56:22 · answer #2 · answered by Bob J 3 · 2⤊ 0⤋
leaving the scene of a crash is breaking the law. You can probably get out of DWI but you will have to prove to the judge you were not drunk at the time of the accident. The police can not make you take a breathalizer , you can refuse and should have. Then you would have had a better case in court. But being that you did, you will have to find people who saw you striaght just before you crashed your car. You need to go and take pictures of the road and tree you crashed into so you can pose your case. Try to get an attorney, court appionted to plead your case. Be honest and straight forward, no games or stories. Good luck.
2007-11-08 01:14:57 · answer #3 · answered by ladyhawk8141 5 · 0⤊ 1⤋
Well, you need to report a crash to the police as soon as practicable after it happens. You are should not leave the scene of the crash.
To you advantage, however, the fact that you drank alcoholic beverages after the crash should get you off the DWI. There is no way to tell how much, if any, alcohol was in your system when you crashed.
Get an attorney, even if it is a public defender, and tell them you drank after the crash (before the officer came to your door and arrested you).
Good luck and let this be a lesson learned!
2007-11-07 20:14:25 · answer #4 · answered by pennstategradheather 1 · 1⤊ 1⤋
I actually know someone who got into a similar situation. He wrecked his car on an icy road a few houses from his friend's place. He called in the accident on his cel. His car wouldn't start (therefore, no heat) so he also told the police where he would be so that they didn't think he just left the scene. He walked to his friend's place. Of course he was upset about crashing his car. He had a few beers before the police showed up.
When they got there, they smelled the alcohol on him. He couldn't prove that he hadn't been drinking prior to the accident and was charged with DUI. When he went to court, the charge stuck and he was convicted.
2007-11-07 16:10:16 · answer #5 · answered by enufsaid 3 · 1⤊ 2⤋
You made me laugh.
You were out and about at 3AM and you "weren't" coming back from a bar and weren't wasted when you put your car into a ditch.
You only started drinking After you totaled the car without calling the police, getting a report written, OR contacting your insurance company...
NINE HOURS later.... you were still so drunk you don't even remember what you may have said to the cop who came to check on you. (His first concern, by the way, was to make sure you weren't dead from the wreck...)
And you think a judge is going to buy that story?
Good luck.
(BTW I'd look for a rewrite on that alibi...)
2007-11-07 11:59:35 · answer #6 · answered by chocolahoma 7 · 4⤊ 1⤋
He can anticipate to have a can charge of resisting arrest and fleeing to avois arrest extra. this might upload some reformatory time to the DWI can charge that he will likely serve some reformatory time for. The ststus of his probation could get replaced to a detention center sentence to boot.
2016-09-28 13:30:46 · answer #7 · answered by jensen 4 · 0⤊ 0⤋
that charge won't stick; they can't prove you didn't drink at home.
there's an episode of the practice where someone crashes and they call their lawyer and she says to start drinking after the crash and make sure people see him. that way they could never prove he was drunk before the crash.
as long as you didn't admit anything to him when he was at your house, that charge won't hold. but the results of the breathalyser are bogus.
2007-11-07 12:01:36 · answer #8 · answered by Anonymous · 0⤊ 2⤋
My guess is that your lawyer will be able to work something out for with regard to the DWI.
2007-11-07 11:55:24 · answer #9 · answered by Yo it's Me 7 · 1⤊ 1⤋
Grow up and take responsibility for your actions, and show a little integrity.
2007-11-07 16:14:11 · answer #10 · answered by Anonymous · 2⤊ 0⤋
I'm with chocolahoma on this one. Your alibi makes absolutely no sense.
2007-11-07 12:24:08 · answer #11 · answered by Bill 5 · 1⤊ 0⤋