I was charged with DUI when I was found NEXT to my car?
DISCLAIMER: The purpose of this question is NOT for you to judge the validity of the contained information. Please, just assume everything herein is legit? If you feel the need to include information based on the scenario that I have lied, go ahead. Just please do not give me a "Well since you'...
DISCLAIMER: The purpose of this question is NOT for you to judge the validity of the contained information. Please, just assume everything herein is legit? If you feel the need to include information based on the scenario that I have lied, go ahead. Just please do not give me a "Well since you're lying..." answer.
A couple nights ago a signed a lease on a new apartment, I went out to celebrate with a few friends, and I got drunk. I was responsible and had a friend drive me in my car. It was a two car caravan. On the way home, we got a flat around 1:30 a.m. The driver of my car and the other car needed to get home and sleep for early work the next day, so I told them to go on and leave me with my car. I had no plans of driving. My plan was to wait outside the car with my keys in hand until the cops arrived, call Triple A, and go from there.
I was pretty careless and forgot there were 3/4 oz of marijuana in the front seat and got arrested. No questions on that part. Horribly stupid gaffe on my part.
Anyways, at the police barracks I was giving a breathalyzer test (0.18), and charged with DUI, DUI per se, and reckless driving. The officer explained to me that only ONE of the DUI charges could stick.. But I was found outside my car, keys out of the ignition, waiting in the grass. I was not driving, nor was I attempting to drive.
I'm going to have a damn good lawyer, but am I really out of luck here? The marijuana aspect is pretty obvious and set in stone, and as my question pertains (unless I'm missing something) it's irrelevant. I just don't understand how I could get charged with DUI and reckless driving when I wasn't observed at doing or attempting either?
Okay, here is every other detail I could think of to add:
The state was Maryland.
The tire was obviously VERY damaged, not just deflated.
I was pulled over on a part of Rt 97 that is heavily frequented by cops. Nothing short of a NASCAR pit crew could change the tire quick enough to drive away without a cop showing up. We all knew this, and we all knew that my friends would be there for a while once the cops showed up. Sure enough, cops were there minutes after they left.
Here's where it gets sticky: In the report the police officer noted that I said I wasn't the driver, and then later noted that I said "I was fucking driving." I said "wasn't," not "was." I hope this was a typo, because even as inebriated as I was I wouldn't throw myself to the lions like that. (Yes, I wasn't too cordial when I said it. I was admittedly scared and nervous, and I have a mouth like a sailor.) Please let me know if there are any other questions. Thanks for the responses so far.
Oh... no previous record of possession or DUI. Outside a few speeding tickets, clean record. 23 years old.
To Artemis Gwen...
Triple A offers to drive you home as well, on top of towing your car where you want to go. I was going to have it towed because I was sure the wheel was cracked as well (which it was). Also, last call in Maryland was still about 30 minutes away. Most cab companies are still running at that time. Could this be called common knowledge (or the closest legal term to it) if the prosecution uses it against me?
There is probably PC (probable cause) to arrest and charge you with the DUI offense, because it is reasonable to assume that you drove the car until the tire went flat. It becomes a much trickier case for the prosecution if nobody actually observed you in physical control of the vehicle – but this was your vehicle and you were in possession of the keys, so there is overwhelming circumstantial evidence against you.
If I was your lawyer, I would ask your friends to prepare statements explaining exactly what had happen. I’d have them sign the statement under penalty of perjury and would forward the statements to the prosecutor. Unless your friends have criminal records (which would cause the average prosecutor to think twice before believing them). This could create enough reasonable doubt in the mind of the prosecutor for the prosecutor to back off of the DUI charge.
BUT, the question I would be asking if I were the prosecutor in this case is this: After AAA dealt with the flat, weren’t you planning on driving it home? If you had called for a flat-out tow, you might be okay. But a .18 is a REALLY high BAC level. Even if you waited a couple of hours for a tow, you still would have been over the legal limit. So if the prosecutor can demonstrate you intended to drive after AAA dealt with the flat, s/he can probably make a pretty compelling argument that you really HAD been driving the car all along.
Response to your additional info: If you have the declarations from your friends (and your friends are credible) and you can provide evidence that the vehicle was not driveable and you had no intention of driving it, you might have a pretty solid defense. BUT, if the officer’s report quotes you as admiting to driving you are in a world of hurt. Was there a dash cam? If so, your attorney should request a copy of the tape immediately so you can watch it and figure out if you really did say it. If that report quotes you as admitting to driving, your friends’ declarations probably won’t help you.
missing a few details (like where this happened, previous record, etc.) but…
technically, you should be able to get out of the DUI, DUI per se, and reckless driving providing the following is true.
1. Your friends are willing to testify that they drove the car and left it where it was when the police arrived and can verify the car got a flat tire while they were driving it
2. The vehicle was not observed doing anything illegal
3. Someone did not see you driving instead of your friend
Cops get lied to all the time. Consider what your instincts would tell you if you were a cop and came across a vehicle with a flat tire and the only person around was the owner of that vehicle who happened to have an illegal substance and registered a .18 blood alcohol level.
Hey, cops did that to me.
Since NJ are buttholes, i literally turned -Gangsta,- and waited 2 years and 6 months.. and got the tickets dismissed in a plea, 8 out of 9 were GONE for $300 in Newark, NJ.
You gotta do it.. I was RIGHT, but the LAW woulda SCREWED me, since they said I had the keys in my pocket…. so i was Drivin walkin past -A CAR- I had the keys to.. ????
You must run, sir.
The officer had probable cause to arrest you for DUI.
Imagine you are the officer and ONLY know what the officer knew:
He rolls up on a car with a flat tire in the middle of nowhere. There’s no one else in sight. The hood is still warm – it has obviously just been driven, and the only person around to drive it is you. Therefore, he thinks that you must have obviously been the one to move the car there. That’s just common sense, and is the first thing anyone would think in the same situation. He charged you with DUI for failing the field sobriety tests, DUI per se for your BAC being over the limit, and I don’t know how he came up with reckless driving.
Take it to court and explain your situation. Have your friends come as witnesses to testify that you weren’t driving. The DUI, DUI per se, and reckless driving charges will most likely be dropped.
They can charge you with just about whatever they like, that’s pretty much a given. And with a couple exceptions sitting in close proximity to a vehicle with a flat tire, keys in your hand and intoxicated doesn’t look very good. HOWEVER….. in your favor you have at least 2 witnesses that can testify on your behalf exactly where your vehicle got a flat tire at, who was driving at the time and where you were left. If all your witnesses can place your car exactly where the cops found it it should be clear that it wasn’t moved after the flat occurred. Also, unless the cops flat out lie or you admit to it nobody can physically place you in the drivers seat or behind the wheel. At very best they could get you for being Intoxicated in Public.
I don’t understand why you would call the cops, or why 3+ people can’t change a tire (unless you didn’t have a spare).
Either way, If you get a decent lawyer, I would think you’d be able to get the DUI thrown out. Just talk to one and I’m sure they’d be able to tell you how you can fight it.
if you have A good lawyer then you dont have to worry about it, they didnt see you driving the car so they have no proof to give you a ticket for dui. so dont worry…. about the marijuana i have no idea, what will happen. but for the DUI they have no chance to proof it no way to be able to win the case. fuck the copssss