Arrested for OWI while in a store

[PirkleJ]

Iowa
I was arrested and charged with a OWI -OPERATING while under the influence. I was in a convient store buying some chips when the officers approached me. Apparently, I had been called in by a "concerned" citizen for swerving. Which by the way, they would not give me the name. I was really drunk, but they never saw me drive or get out of the car. I didn't even have my keys on me. They said that because when they asked me if that was my car and I said yes and my lights were on, that was good enough. I faild the sobriety tests miserably, but I argued with them that they have me on a PI, not a OWI. I refused the breath test and I wasn't very cooperative. So, when we got the jail they were very angry with me. The cops were an hour past their shift ending and I still wasn't cooperating. My thoughts were hey, I'm spending the night in jail, you get to home-why would I make it easy for you? So, then I got charged with obstructing justice. I'm not too worried about that. My point is yes I was drunk, but I was in a store and they never saw me driving. I don't even know if I was driving to tell you the truth. I remember asking my friend if he was ready to leave the bar and then I just remember the cops coming for me. It would make sense that my friend would take off when he saw the cops because he had been drinking too and probably high and he doesn't have a liscense. (obviously not the best person to go to a bar with-lesson learned) I honestly cannot remember if he was driving or if it was me. But, they never saw who. I'm not even sure if this "concerned" citizen could identify me. I want to fight this and get it down to Public Intox., not OWI. I was not operating any vehicle at the time of my arrest. Do I have a good argument? I know it will be my word against the policeman...do I have a chance of winning? My lawyer thinks that if I can't get my friend to come forward I'm pretty much sunk. I have tried to contact him, but of course he is not to be found. Innocent until proven guilty right? Bottom line....the police never saw me operating a vehicle. They just saw a drunk girl buying some chips in a convient store. I just read about people being arrested even though they weren't driving, the car was just turned on. Well, in the report typed by 'super' cop a.k.a. little man syndrome, he mentioned nothing about the car running or my headlights being on. He did however type "I asked her if she had been drinking and she said he had." A type-o or proof that my friend was with me in the car? Plus, they didn't even impound my car.

[CdwJava]

If the state can establish that you were driving based upon the description given by the witness and your statements, you may very well be sunk. After all, you say you were so wasted that even YOU don't know if you were or not. However, your car, your bad.

You can argue in court that some mystery man was driving, but without a way to contact mystery man - and his confirming that HE was operating the vehicle - the case seems relatively strong against you.

Get an attorney.

- Carl

[fedcop110]

I agree with Carl. If there is a witness that saw you operating the vehicle, the officer can testify that you admitted being impaired, and the vehicle was registered to you, you may be sunk.

I see that you have already contacted a lawyer and he said that if you can't find the actual operator you may not stand a chance. If your own lawyer (who by the way knows more about the actual circumstances then all of us) says that you need to find the "driver," then find the "driver."

Not too worried about obstructing justice?

It doesn't look too good for you.

[PirkleJ]

It was not my car...mine is in the shop. I was driving a family member's car. The witness gave the description of the car and the cops drove around until they saw the parked car then came into the store.

[CdwJava]

Originally Posted by PirkleJ

It was not my car...mine is in the shop. I was driving a family member's car. The witness gave the description of the car and the cops drove around until they saw the parked car then came into the store.

Well, what confused me was when you wrote:

"Plus, they didn't even impound my car."

That indicated to me that it was your car.

You also admit that it had been provided you by a family member, logic would dictate that you were in possession of the car and thus the driver. Since you cannot recall whether you were driving or not, then you appear sunk without the other person 'fessing up.

- Carl

Originally Posted by PirkleJ

Iowa
I was arrested and charged with a OWI -OPERATING while under the influence. I was in a convient store buying some chips when the officers approached me. Apparently, I had been called in by a "concerned" citizen for swerving. Which by the way, they would not give me the name. I was really drunk, but they never saw me drive or get out of the car. I didn't even have my keys on me. They said that because when they asked me if that was my car and I said yes and my lights were on, that was good enough. I faild the sobriety tests miserably, but I argued with them that they have me on a PI, not a OWI. I refused the breath test and I wasn't very cooperative. So, when we got the jail they were very angry with me. The cops were an hour past their shift ending and I still wasn't cooperating. My thoughts were hey, I'm spending the night in jail, you get to home-why would I make it easy for you? So, then I got charged with obstructing justice. I'm not too worried about that. My point is yes I was drunk, but I was in a store and they never saw me driving. I don't even know if I was driving to tell you the truth. I remember asking my friend if he was ready to leave the bar and then I just remember the cops coming for me. It would make sense that my friend would take off when he saw the cops because he had been drinking too and probably high and he doesn't have a liscense. (obviously not the best person to go to a bar with-lesson learned) I honestly cannot remember if he was driving or if it was me. But, they never saw who. I'm not even sure if this "concerned" citizen could identify me. I want to fight this and get it down to Public Intox., not OWI. I was not operating any vehicle at the time of my arrest. Do I have a good argument? I know it will be my word against the policeman...do I have a chance of winning? My lawyer thinks that if I can't get my friend to come forward I'm pretty much sunk. I have tried to contact him, but of course he is not to be found. Innocent until proven guilty right? Bottom line....the police never saw me operating a vehicle. They just saw a drunk girl buying some chips in a convient store. I just read about people being arrested even though they weren't driving, the car was just turned on. Well, in the report typed by 'super' cop a.k.a. little man syndrome, he mentioned nothing about the car running or my headlights being on. He did however type "I asked her if she had been drinking and she said he had." A type-o or proof that my friend was with me in the car? Plus, they didn't even impound my car.

I have to do it. Let me point out again that the "phanthom driver" story is an old and highly disregarded defense.

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.

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.


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.”)

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Other people may give you other advice; stand by.