Charged with DUI in NC- HELP!!

[dmmart]

What is the name of your state?What is the name of your state? North Carolina

I am writing to get some advice for my 70 Yr. old father who was charged with a DUI last night. He was backing out of his drive way into a gravel access road that is also on his property when he hit a slick spot in the mud
(It has been raining heavily here) and slid onto the neighbors property and hit a small tree (about 3 inches in diameter). He could not get out and since it was dark decided to let the car sit there untill morning and call a tow truck. This happened around 6:30 PM. The car was not blocking the access road in any way. At about 10:30 PM (He was already in bed) there was a banging on the door with highway patrol officer that said that the neighbor had called in the accident. He asked if my father had been drinking and my father replied that after getting the car stuck he was upset and had drinks at home. The car was there 20 feet from the front door. The Officer asked him to take a breath test and he blew a .10. He was arrested on a DUI even though he had not been in the vehicle for over four hours and I do believe we can still drink all we want in our own house.I went this morning to take some pictures and get the car towed out of the mud and the damage to the neighbors foliage is minimal and one can clearly see the slick clay where he slid. Any Suggestions?

Originally Posted by dmmart

What is the name of your state?What is the name of your state? North Carolina

I am writing to get some advice for my 70 Yr. old father who was charged with a DUI last night. He was backing out of his drive way into a gravel access road that is also on his property when he hit a slick spot in the mud
(It has been raining heavily here) and slid onto the neighbors property and hit a small tree (about 3 inches in diameter). He could not get out and since it was dark decided to let the car sit there untill morning and call a tow truck. This happened around 6:30 PM. The car was not blocking the access road in any way. At about 10:30 PM (He was already in bed) there was a banging on the door with highway patrol officer that said that the neighbor had called in the accident. He asked if my father had been drinking and my father replied that after getting the car stuck he was upset and had drinks at home. The car was there 20 feet from the front door. The Officer asked him to take a breath test and he blew a .10. He was arrested on a DUI even though he had not been in the vehicle for over four hours and I do believe we can still drink all we want in our own house.I went this morning to take some pictures and get the car towed out of the mud and the damage to the neighbors foliage is minimal and one can clearly see the slick clay where he slid. Any Suggestions?

Are you sure dad told you all the facts?

In any event, if everything in your post is 100% true, it doesn't sound like a good arrest for DUI.

BUT pa needs a lawyer real bad.

[dmmart]

Yes- everything is 100% true. I was just over there getting the car towed out of the mud. You can see where the clay washed out and his tires slid. If he was going 5 miles an hour I would be surprised. The times are true because he was on his way to church (starts at 7 PM) and ny Mom called me when the police arrested him (at about 10:30 PM). They took him to jail in his pajamas and would not let him put on a coat ( It was 32F last night. When I complained to the officer at the jail his reply was-" The patrol car has a heater". He was released to me at around 2AM.

[Alchohol_Free]

of how DUI law and procedures are out of control.