• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Accused of dui, Help please

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

synixone

Junior Member
What is the name of your state (only U.S. law)? NC.



Last night I was with a bad crowd, you know the people who drink a lot… So here’s what happened… Everyone was drunk, including me. So all the sudden someone decided that they wanted to go for a ride, and they did. Only they took my truck. I went along with them (I WAS NOT DRIVING) They ended up hitting a mail box and a fire hydrant. When we arrived back at their house the cops was there. Two people got out of my truck; I didn’t know what the hell was going on so I sat right where I was. The passenger seat. Next thing I knew the cop comes pulled me out of the truck and cuffed me for a dui and said that I hit the mail box and the hydrant, that there was wittiness. So I was took to jail and charged for a dui. The people I were with told the cop’s that I was the one who hit the mailbox and I was so drunk that they had to drive home, The cop took their word for it.
I was not driving the truck. So when I got out of jail and sobered up I went and talked to the wittiness, I was nice and polite and straight up ask them who were driving my truck, they both said NOT YOU. Which is correct because I wasn’t behind the wheel of the truck. I do not drink and drive. The other lady said they seen the cop arrest me and that she called 911 and told them they had the wrong person, She said the person who hit it had black hair and was skinny, Well I have brown hair and I’m almost 300 pounds.… The cop made a mistake by taking me to jail….With this being said and the wittiness saying that I really wasn’t the one driving the truck can I get out of this? I did nothing wrong other than being in that truck, I should not have even gone but I did. I know it was stupid of me to let them drive my truck and I’ll never do it again. But the point here is I wasn’t driving and they said they will do written statements or whatever I need them too because they know it wasn’t me who did it. So I have two questions, 1. She said she called 911 when the cop left with me, and told them it was the wrong guy that was going to jail. Will they be able to get a record of this? To prove in court that I wasn’t the one driving And my second question, If its proven that I wasn’t the one driving will the charges be dropped?
 


jiggy78

Member
You need an attorney. They may be able to convince the DA to drop the charges. Don't bother talking to the police anymore.

You could start by attending AA meetings to deal with your drinking problem.

Who was driving the truck? Are you willing to provide a statement or testify against this person if necessary?
 

jiggy78

Member
Due to a forum bug I am unable to edit my post.

You do realize you will likely be held financially responsible for the damage you caused right?
 

FlyingRon

Senior Member
Due to a forum bug I am unable to edit my post.

You do realize you will likely be held financially responsible for the damage you caused right?
Turn off JAVASCRIPT execution and you will be able to edit the posts. There's a bug in the javascript code that does the google ad insertion.
 

commentator

Senior Member
There is liability in being so intoxicated that you allowed someone else to drive your vehicle when they were in no condition to drive. Even if they swear on a stack of Bibles you weren't the driver, you were allowing someone else who was very intoxicated to drive your car. In a recent DUI incident in my area, both the driver and the owner of the car who was riding with him were charged equally after an accident where a pedestrian was struck and killed.
 

HighwayMan

Super Secret Senior Member
In a recent DUI incident in my area, both the driver and the owner of the car who was riding with him were charged equally after an accident where a pedestrian was struck and killed.
Charged with what? Certainly not both charged with DUI.
 

dave33

Senior Member
Charged with what? Certainly not both charged with DUI.

Commentator is from Tennessee, you gotta check out somem of their laws, ridiculous. The owner does not even need to be present to be chaged with d.u.i. So, two people charged for the same d.u.i.
 

commentator

Senior Member
In the case I mentioned, both were charged with vehicular homicide. You're right though, TN does have some strange laws. But that could be because drunks here make a frequent habit of operating vehicles ("Of course I'm going to drive! Any fool could see I'm too drunk to walk!") It is pretty much common knowledge here that you can be charged with drunk driving if you are the owner of a vehicle and you're in it, even if you are not behind the wheel. Eliminates the old scramble switcheroo thing, the "I wasn't driving, he was driving!"
 

dave33

Senior Member
In the case I mentioned, both were charged with vehicular homicide. You're right though, TN does have some strange laws. But that could be because drunks here make a frequent habit of operating vehicles ("Of course I'm going to drive! Any fool could see I'm too drunk to walk!") It is pretty much common knowledge here that you can be charged with drunk driving if you are the owner of a vehicle and you're in it, even if you are not behind the wheel. Eliminates the old scramble switcheroo thing, the "I wasn't driving, he was driving!"
That's just to freakin' much. How the heck is that not a violation of your rights? As I said, ridiculous!
 

OHRoadwarrior

Senior Member
That's just to freakin' much. How the heck is that not a violation of your rights? As I said, ridiculous!
OP is in NC, at least there you cannot be charged with DUI on a horse. My cousin was convicted of that in the 70's in Ohio. He fought the charge on the basis the horse knew its own way home and lost.
 

Ohiogal

Queen Bee
OP can be charged with negligent entrustment. Hence he has a responsibility to this accident and can be held accountable.
 

synixone

Junior Member
Dui Help..

I do know i will prob still have to pay for any damages caused seeing as how it was my truck that did the damage, That's fine i'll have to deal with that...
I know that i made a mistake that night, My truck should of never left the yard.
It seems there is a good chance this could be dropped. My lawyer is just waiting on the officers report of what happen that night. The cop did end up calling me, And i wasn't home so my mother spoke to him. He said that when the truck pulled up i was not driving. My lawyer has contacted the Lady and man that seen the whole thing and the ones that called the cops. They are going to his office next week to give a statment or whatever saying i wasn't the one driving the truck also. The only thing I'm worried about is what if the cop got me to admit to it or not, I was drunk. Very drunk. He ask me several times if i had been driving and i told him no, And he just keep on and on, I may of eventually just said yes because he said witnessesseen me do it. Honestly i was scared to death and didn't want to get in more trouble so i might of just agreed with him I can't remember. So my next question is if my lawyer gets the DA to drop this, am i still going to have an issue with the DMV? Even if i don't get any charges? I'm worrying myself sick over this, I don't want to end up losing my DL for something i didn't do. Anyone know what the DMV may do? If the charges are dropped/Dismissed whatever you call it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top