I have a really odd situation and really need some legal or past experience advice regarding DUI Charges..?
Here is what happened... The night of my girlfriends rehearsal dinner for her wedding we all went out to a bar after... I drove my car sober and one of the other bridesmaid's boyfriends said he would drive my car home so I can have a few drinks (I DO NOT DRINK AND DRIVE). Well we left the bar and t...
Here is what happened... The night of my girlfriends rehearsal dinner for her wedding we all went out to a bar after... I drove my car sober and one of the other bridesmaid's boyfriends said he would drive my car home so I can have a few drinks (I DO NOT DRINK AND DRIVE). Well we left the bar and they were fighting the car. I have a really small Audi TT coupe that barely has a back seat so it is not comfortable to sit in back there. Anyway he pulled the car over and got out and jumped in the car with his buddies and took off. I knew that we needed to find a ride and I knew that if the cops came that I needed to make sure the keys were in the trunk so we put them in the trunk and started calling to find a ride. In the meantime the worst possible thing yes the cops pulled up. Apparently where we pulled over it was no parking so of course now I am sittin gin the driver's seat and they ask me to get out and so on and so forth they are trying to charge me with a DUI. I even explained to the officer the situation and that the keys were in the trunk. I guess due to an unpaid fix it ticket I had a suspended license. I never changed my address a year prior to moving so I never got the notice so for that I was at fault. They would not let us call for a ride and the officer told me if I didn't do a breathalyzer then he would take both of us to jail. I did and it didn't read my blow so he yelled at me and told me we were going to jail. This to me was extremely unfair. They held us for over 18 hours because they said we were not cooporating when in fact we were very respectable but we did keep asking to let us call a ride and they took away our phones. ( I now know this is illegal). So I am now in living in Colorado and I just got a new job and my court date is coming up in December. I cannot afford a plane ticket to California just to plead not guilty.
Can anyone offer any advice on what I can do? I know for a fact that way they went about the arrest was completely illegal but I don't really know what to do at this point cause I have never been in this position.
Thanks!
You have to take care of this problem because if you don’t it will grow larger and larger until you can no longer avoid it. It doesn’t matter if what they did was right or wrong, you have to prove their actions were in violation of your rights and if you can’t do that you have to pay the fine or face the punishment. But the more you try to avoid it, the worse it will be for you.
Act maturely, contact the state attorney and find out what your options are.
I hate to say this, but you need a good attorney.
My girlfriend got a DUI, but on our court date we found out that the arresting cop was caught embezzling money, so her case was completely dismissed. Like winning the lottery!
The sucky part is that we already paid for our attorney and this dumb+++ didn’t even know about the cop until we got to court!
You might see if there is a cop car video of your arrest – I believe they tape most of those things these days.
If you were sitting in the driver seat at the time the officer pull over towards you, that is still considered as a DUI regardless if the keys were in the trunk or not, I know it’s unfair but hey it’s a law. As far as the situation with the phone, the reason the cop took it away is because they have to be very very cautious because that’s how some police officers get killed. You tell them that you are calling a ride but in fact you’re calling an accomplice to kill the cop (not saying YOU in general but this has happened before.) You can’t skip out on court because that will make the situation worse and you’ll be in bigger trouble than you already are. All I can sa is try to find up enough money to get there and get it over with the most you’ll have to do is pay a fine and if I were you I would get that bridesmaid’s boyfriend that ran out on you to pay since it’s his fault. Get a loan or find a good friend that can help pay your way.
You HAVE to appear. This is not going away and it’s your responsibility to appear.