Dwi?

[Stephanie1823]

My father was in a wreck on November 26, 2004. No one else was involved in the wreck. The uninsured truck spun off the road and hit a railroad crossing sign. Half of the truck was on the railroad track. He left the scene of the accident and walked home. (The wreck wasn't far at all from his home.) He was looking for the name of a wrecker company when the police arrived. Anyway, he was drunk and they arrested him for DWI, however he wasn't driving at the time of the arrest. Is there, by chance, some sort of technicality that can get the DWI charges dropped? After he arrived at the jail, he was told something about being charged with a felony charge because he left the scene of the accident. I've not been able to find anything about there being such a felony charge for Tennessee, which is where we live. He had to leave the accident to call someone to get the truck off the railroad. He couldn't have stayed there and hoped someone would have found out, you know? When they searched him before he was arrested, they found a unopened pint of whiskey in his boot. Will that get him charged with anything?

I appreciate any help. Thank you for your time.

 

[teflon_jones]

Whether they arrested him at the scene of the accident or not doesn't make a difference for the DWI charge. It sounds like they can prove he was driving drunk. Leaving the scene of an accident is illegal in most states, but I'm not sure of the specifics in your state. I don't think you're going to get any advice here to help him beat a well-deserved DWI charge though. He deserves whatever punishment he gets because if he's driving drunk he needs to learn a lesson. What if the railroad sign had been another car and he hurt somebody?

 

[BelizeBreeze]

Well now, let's see:

Leaving the scene of an accident - 5 points
Failure to report an accident - 4 points

In the State of Tennessee, the following sanctions may only be ordered by the court:

Fines: $350 to $10,000 with mandatory minimums: 1st offense - $350;
2nd offense - $600;
3rd and subsequent offense - $1,100.

Incarceration - Mandatory minimums:
2nd offense - 45 days, 3rd or subsequent offense -120 days.
Community Service: 1st offense - 200 hours, if population of metropolitan area is over 100,000 (may serve in lieu of 48 hours minimum imprisonment).
Home Confinement with Electronic Monitoring: Allowed by statute, under experimentation.

Intensive Supervision Probation: At judge¹s discretion.
Victim Impact Panel: Available, but not part of the sentence.
Action Against Offender¹s Vehicle: Vehicle Forfeiture - at the discretion of the court on 2nd and subsequent offenses.
— Vehicle Immobilization, Vehicle Impoundment, Registration Cancellation/Plate Seizure: None.
Other Special Assessments/Surcharges: Victim¹s Restitution Fund, BAC Test Fee.