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Question9999

Junior Member
What is the name of your state? Alaska

I was arrested for a DUI and am going to court about it. I had the DMV administrative hearing and was not contacted back for two weeks where upon the lady just basically just read back the report and gave little acknowledgement to any of my statements. I can not drive now for 90 days.

I was approached by an officer while sitting on a rock less than 75 yards to my home. I had an enduro (on/off) road motorcycle stuck in a mud ditch about 150 yards from my house. I was not concerned it at the time since I was not intoxicated when riding the bike. After it was stuck I when home and drank (for foolish reasons) and though I would have a friend help me get it out later. Like a dumb guy, I started to think about it and went to lock the forks so it could not be moved, someone saw me stumbling around it and call the cops.

In that state I did not see the big deal that I was intoxicated but soon learned diffenent. I can understand the officers view...but it was not the case. After seeing what was happening I did not say anything. I have two questions:

The women that called it in never saw me ride it but said "it looked like I was trying to start it", I can not see how she could make such a statement when driving by with everything you have to do to start the bike, it is not a kick start. I was told by DMV I was in control of it even though I had the key in my pocket, all switches and gas were off and I was standing next to it and pulling it sideways.

My biggest question is that if the courts sees it the same way there is a mandatory 72 hour jail time. I have been diagnosed and documented as Bi-Polar with Panic Disorder. I know I will not last long in a jail before hyperventilating and droping like a stone. Will this be taken into consideration if the Civil Court rules against me. Any other suggestions please!! Thank you.
 


seniorjudge

Senior Member
Based solely on the information based in your complaint, you were trying to operate the motor vehicle, which means you are guilty.
 

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