2nd DUI, please help....

What is the name of your state (only U.S. law)? Ohio

On New Year's Eve three of my friends and I were drinking at her dad's house and at 3:30am my former friend and her dad got into a fist fight. While trying to break up the fight I got a broken arm, left arm, two inches above wrist. The EMS was called because my former friend beat up her dad pretty well, officers came as well and asked my name and if we all had been drinking. Everyone admitted we had been drinking and I was pretty intoxicated since I was spending the night, it didn't matter how much I drank. The officers asked all four of us to go to my house, which is 3 miles away and asked if I could call a taxi. I called a taxi and when it arrived, I asked how much it would cost, we didn't have enough money so i sent the taxi away, we couldn't pay for it. Officer stated one of my friends could take us home and as we left, I had my house keys in my car, so we turned around to get my keys and I got into my vehicle. My car had been stolen before in the same complex and since I was leaving it unattended, I wanted to move it in a well lit area in the private property apartment complex. I moved my car less than a 1000 feet and one of the cops that was at the domestic violence incident pulled me over. Asked me what I was doing, I told him moving my car, he said no i wasn't and arrested me for DUI. All my former friends went back into the house we were originally asked to leave. My friend never got arrested for beating up her father, this is the second fight she has gotten into in 8 months where nothing has happened to her. He originally made a statement on 1/2/09, which i never saw,I plead not guilty on 1/5/09, then the officer amended his statement on 1/7/09 after I pleaded not guilty and stated he allowed my friend who had been drinking to drive us home because he deemed her more sober then the rest of us and admitted he was waiting for "the female known as Jennifer S*** to get into her vehicle". I hired a lawyer, they did a motion to suppress, which was denied and now the officer amended his report once again stating I was intoxicated and because I admitted I had been drinking earlier that was enough probable cause and he had probable cause to pull me over. Stating they will subpeona the taxi cab driver to point me out that I asked him to leave and that my arm was not broken, even though I had a hard cast on for three weeks and another three weeks in a removeable cast, since when I was talking on the tape I was using my hands like I always do. They edited the tape, but I don;t have money to hire an expert to prove this. They are trying to throw the book at me and I am unsure if I should get another lawyer. I have court on March 24th and already they want me in jail for 10 days. I don't know what to do.

[Ohiogal]

The officer had probable cause and you were driving while under the influence of alcohol.

[cyjeff]

Any officer that sees a person he just told to get a taxi get behind the wheel of a car and start to drive off will arrest that person.

Any officer.

How far did you think you had to drive before it "counted"?

[FlyingRon]

Expert to prove what? Whether your arm was broken is immaterial to this whole thing. Unless your arm is bending in some unnatural way or the bone is sticking out, there's not really a whole lot anybody can tell in the field if it's broken or not. Obviously, since you didn't go EMS you probably had your own doubts about your injury as well.

You were drunk, the officer observed you drunk, you operated the vehicle, the officer arrested you.

Why do you want to ditch the counsel you have now? All that generally happens in the prelim is to show there is probably cause that you had committed the crime. He tried an easy out, but it didn't work. You can't fault him for trying.

[41tellthetruth]

First off, find a new crowd to hang out with, father/daughter fist fights,,,geez. Second, if your arm was broken and EMS showed up why were you not taken to the hospital? Third, from what you described you are guilty of DWI. That cab ride is going to look pretty cheap compared to what's coming your way. Get an attorney and follow his advice.

[ERAUPIKE]

Originally Posted by jsoja16

What is the name of your state (only U.S. law)? Ohio I moved my car less than a 1000 feet and one of the cops that was at the domestic violence incident pulled me over. Asked me what I was doing, I told him moving my car, he said no i wasn't and arrested me for DUI.

And because of this you are guilty of DUI.

Originally Posted by cyjeff

Any officer that sees a person he just told to get a taxi get behind the wheel of a car and start to drive off will arrest that person.

Any officer.

How far did you think you had to drive before it "counted"?

I didn't think it was that big of deal since they already asked four drunk people to think clearly under the situation and he let my friend drive who was drunk so I didn't know he was waiting for me to move my car. I was drunk, there is nothing against the law of drinking at someone's house. I should have just let my car get stolen because it would have cost the same amount as paying all these fines and lawyer costs. It is unreasonable to believe that we were asked to leave when I was not even in the altercation.

Originally Posted by Ohiogal

The officer had probable cause and you were driving while under the influence of alcohol.

Thank you for the information.

Originally Posted by FlyingRon

Expert to prove what? Whether your arm was broken is immaterial to this whole thing. Unless your arm is bending in some unnatural way or the bone is sticking out, there's not really a whole lot anybody can tell in the field if it's broken or not. Obviously, since you didn't go EMS you probably had your own doubts about your injury as well.

You were drunk, the officer observed you drunk, you operated the vehicle, the officer arrested you.

Why do you want to ditch the counsel you have now? All that generally happens in the prelim is to show there is probably cause that you had committed the crime. He tried an easy out, but it didn't work. You can't fault him for trying.

Expert to prove they altered the tape and only showed what they wanted to show. He was hurting me and I told him he was hurting me, told him my arm was broken, and he arrested me with my arms behind my back which then made me arm hurt worse. I went into shock in the holding cell after asking if they could take me to the hospital.

[cyjeff]

Originally Posted by jsoja16

I didn't think it was that big of deal since they already asked four drunk people to think clearly under the situation and he let my friend drive who was drunk so I didn't know he was waiting for me to move my car.

I am guessing that you believe it is a big deal now.

I was drunk, there is nothing against the law of drinking at someone's house.

Which is why you weren't arrested for that.

I should have just let my car get stolen because it would have cost the same amount as paying all these fines and lawyer costs.

That is your judgment call to make.

It is unreasonable to believe that we were asked to leave when I was not even in the altercation.

Not at all.

A fight just broke out. Leaving drunk people there when the cops leave is not a recipe for a quiet night.

Originally Posted by 41tellthetruth

First off, find a new crowd to hang out with, father/daughter fist fights,,,geez. Second, if your arm was broken and EMS showed up why were you not taken to the hospital? Third, from what you described you are guilty of DWI. That cab ride is going to look pretty cheap compared to what's coming your way. Get an attorney and follow his advice.

I have no friends now and I am fine with that. I ditched them as soon as it went down and I got arrested. I do not condone anyone putting their hands on anyone. No one asked me if I wanted to see the EMS and the cop yelled at me when I tried explaining what happened and he sent me in the back bedroom. I just sat there until my former friend starting having a axiety attack, I went and calmed her down and then we were all asked to leave. Yeah, I understand the cab right looks pretty cheap but how were we going to pay? We were all drunk and no one had money. It doesn't matter, I was just get some feedback. Thanks for the feedback.

[cyjeff]

Originally Posted by jsoja16

Expert to prove they altered the tape and only showed what they wanted to show. He was hurting me and I told him he was hurting me, told him my arm was broken, and he arrested me with my arms behind my back which then made me arm hurt worse. I went into shock in the holding cell after asking if they could take me to the hospital.

Police officers are not doctors.

If you needed emergency care at the site, you should have asked for it.

Even if they ignored your pleas, it isn't a "get out of DUI free" card.

Originally Posted by cyjeff

I am guessing that you believe it is a big deal now.

I already know it is a big deal. The bigger deal is the city violated my civil rights in 06 and case was dismissed and I ruined a 26 year detective's career because I was his first case he lost. They were after me, they have been after me and new evidence just keeps showing up that was never shown until AFTER I made my statement and stated the truth. Why would an officer not state anything about the taxi and admit he let someone that had been drinking drive. I call that a witch hunt.

Which is why you weren't arrested for that.



That is your judgment call to make.



Not at all.

A fight just broke out. Leaving drunk people there when the cops leave is not a recipe for a quiet night.

No, but they should have arrested my friend and let her brother and I spend the night as the father had no problems letting me stay there. I had no intention on driving until we got kicked out of the house.

Originally Posted by cyjeff

Police officers are not doctors.

If you needed emergency care at the site, you should have asked for it.

Even if they ignored your pleas, it isn't a "get out of DUI free" card.

I did ask and I'm not asking for a get out of DUI free card. That's not my intentions.

[cyjeff]

Originally Posted by jsoja16

No, but they should have arrested my friend and let her brother and I spend the night as the father had no problems letting me stay there. I had no intention on driving until we got kicked out of the house.

And got behind the wheel.

Listen, this has gone on to a stupid level.

No matter how much you stomp your foot, nothing ANYONE else did forced you to get behind the wheel of your car and start driving.

Just between you and me, I don't believe you were moving it for a second. Neither will the judge. However, it doesn't matter. Putting it into DRIVE was enough for the stop and arrest. In fact, in some jurisdictions, putting the key into the ignition was enough.

Pull on your big girl pants and take responsibility for your actions. Continually screaming "what THEY did was worse" just makes you look like a petulant child... and won't hold up in court for a moment.