1st dui, incrimated myself without knowing!!! help!!!

[kpksmc]

What is the name of your state?What is the name of your state? CA
MY FRIEND WAS DRIVING MY CAR (WHICH IS NOT REGISTERED UNDER MY NAME BUT IM RESPONSIBLE FOR IT). CAR GOT ON OUR LANE. GOT INTO AN ACCIDENT. PULLED OUT THE FREEWAY. MY FRIEND WENT TO CALL FOR HELP. IN THE MEANTIME CHP CAME STARTED QUESTIONING ME. SINCE I AM RESPONSIBLE FOR THE CAR I TOLD THEM THAT I WAS THE ONE DRIVING (DONT ASK Y) KEYS ARE IN MY POCKET, AND I WAS SITTING DOWN BY THE SIDEWALK. THEY BOOK ME IN FOR DUI. NOW IM STUCK WITH A DUI CHARGE WHICH I CANNOT PROVE THAT MY FRIEND WAS DRIVING. AND I CANNOT FIND HIM TO GET SUBPEANAD. IS THERE ANYTHING I CAN DO? I NEED TO MAKE A DECISION WITHIN A WEEK. HELP!!!
UPDATE MY FRIEND IS WILLING TO COME TO COURT AND SAY THAT IT WAS HIM DRIVING. CAN ANYONE TELL ME WHAT THE POSSIBLE SCENARIOS OF THE OUTCOME MIGHT BE LIKE!?!
THANK YOU

[outonbail]

SUBPEANAD.

I've got tears in my eyes from reading the posts in this site tonight,,, Is there a full moon out?

IS THERE ANYTHING I CAN DO?

Sober up, or would that be sobpeaner up?

[HomeGuru]

Originally Posted by kpksmc

What is the name of your state?What is the name of your state? CA
MY FRIEND WAS DRIVING MY CAR (WHICH IS NOT REGISTERED UNDER MY NAME BUT IM RESPONSIBLE FOR IT). CAR GOT ON OUR LANE. GOT INTO AN ACCIDENT. PULLED OUT THE FREEWAY. MY FRIEND WENT TO CALL FOR HELP. IN THE MEANTIME CHP CAME STARTED QUESTIONING ME. SINCE I AM RESPONSIBLE FOR THE CAR I TOLD THEM THAT I WAS THE ONE DRIVING (DONT ASK Y) KEYS ARE IN MY POCKET, AND I WAS SITTING DOWN BY THE SIDEWALK. THEY BOOK ME IN FOR DUI. NOW IM STUCK WITH A DUI CHARGE WHICH I CANNOT PROVE THAT MY FRIEND WAS DRIVING. AND I CANNOT FIND HIM TO GET SUBPEANAD. IS THERE ANYTHING I CAN DO? I NEED TO MAKE A DECISION WITHIN A WEEK. HELP!!!

**A: yes, the first thing you can do is learn to spell.

[gawm]

Wouldn't it be funny if the op was telling the truth ?

[HomeGuru]

Originally Posted by gawm

Wouldn't it be funny if the op was telling the truth ?

**A: and there was only a week left until D day.

[luvbskts]

Originally Posted by gawm

Wouldn't it be funny if the op was telling the truth ?

Please tell me people aren't that stupid!

[seniorjudge]

Originally Posted by kpksmc

What is the name of your state?What is the name of your state? CA
MY FRIEND WAS DRIVING MY CAR (WHICH IS NOT REGISTERED UNDER MY NAME BUT IM RESPONSIBLE FOR IT). CAR GOT ON OUR LANE. GOT INTO AN ACCIDENT. PULLED OUT THE FREEWAY. MY FRIEND WENT TO CALL FOR HELP. IN THE MEANTIME CHP CAME STARTED QUESTIONING ME. SINCE I AM RESPONSIBLE FOR THE CAR I TOLD THEM THAT I WAS THE ONE DRIVING (DONT ASK Y) KEYS ARE IN MY POCKET, AND I WAS SITTING DOWN BY THE SIDEWALK. THEY BOOK ME IN FOR DUI. NOW IM STUCK WITH A DUI CHARGE WHICH I CANNOT PROVE THAT MY FRIEND WAS DRIVING. AND I CANNOT FIND HIM TO GET SUBPEANAD. IS THERE ANYTHING I CAN DO? I NEED TO MAKE A DECISION WITHIN A WEEK. HELP!!!

Ah! The old phanthom driver routine. It is an ancient dodge.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.

[BigMistakeFl]

Yours is a pretty impossible defense to win. You admitted to having been the driver. The phantom driver cannot be found. You now hope that a judge or jury will simply believe your word, against the evidence. You should probably brace yourself for penalties and figure out how you will get around without a license for awhile.

[CdwJava]

You say you got in to an accident ... did the other party see the mystery driver? Did they contact him before he allegedly went for help? Or are you the only person the other party in the collision ever saw?

Or was this a solo collision ... i.e. the car rolled or went into a ditch or something?

- Carl

[garrula lingua]

Statutory minimum first time DUI:
36 months sum**** (you don't report to a probation officer, just stay out of trouble) probation, fine of $390 plus penalty and assessment (about 1400),
3 month (AB541) alcohol program.
The effect on your driver's license is under DMV's jurisdiction. (They will suspend your drivers license for 4 mo to 1 year (underage=1 yr)).

DA or court may add time for an alcohol-related accident (either county jail time or Cal-Trans(cleaning up the freeway) and/or a Hospital and Morgue program and/or MADD's Victim Impact Panel.

There will be an impact on your insurance, also (rates, and DMV may require special ins./proof)

[outonbail]

UPDATE MY FRIEND IS WILLING TO COME TO COURT AND SAY THAT IT WAS HIM DRIVING. CAN ANYONE TELL ME WHAT THE POSSIBLE SCENARIOS OF THE OUTCOME MIGHT BE LIKE!?!

Well if the courts believe that you would tell the police you were driving the vehicle (drunk no less) and you were the one involved in the accident, when it was actually this friend, then he would at the very least get arrested for leaving the scene of an accident.

But, you are going to have to be one hell of a dancer to get anyone to believe your friend was the one driving.

To state that you were the one driving and involved in the accident while drunk, when you were not, is taking stupid to a whole new level. Now you may in fact be that stupid, there's now way anyone here can know for sure. But to have someone who wasn't even there, volunteer to go before the Judge and take responsibility, so he can then be arrested, means you have to have found someone as equally stupid as yourself.

That's a whole bunch of stupid to be involved in one incident.

Good luck