Do I have a case?

[dale1991]

I was involved in a dui crash, in my vehicle, 3 people ran I stayed. 2 witnesses ( a older married couple)
Who said I wasn't driving. I was let go with a MIC. The cops found the 3 runners, who all had
The same story that I was driving, so I was re arrested, then he told my mother he was going to
Find every charge he could for me, because I made him work over time. Before I was taken off he
Returned me ( a 20 year old ) all the beer. Then in court I find he didn't turn in the witness statments from the sober middle aged witnesses. He's obviously incompetent, but is there anything I can do?

 

[CdwJava]

Have you retained legal counsel? This would seem to be something an attorney could create massive amount of reasonable doubt with. Unless, of course, all the people in the car with you say you were driving. Hopefully the car was not also registered to you, and someone else was found in possession of the keys.

 

[dale1991]

They all ran and were found 3 hours latter with the same story. It was registered to me and the keys where in the ignition. I was given a pbt at the scene, but never a cordination test, then released and when they re-arrested me they gave me another, will they have to use the second? And what about the cop suppling a minor, and stating, because I upset him he would hit me with everything he could. On my araignment they threw out the obstruction and resisting ( both charges because I aparently lied) like its obvious I ruined his 4th and he's out for me now.

 

[dale1991]

Also is it legal to take a witness statement and not use it or turn it in? I mean it was right in front of their house and they were the reason I was released the first time. Also a beer exploded during the wreck and I'm getting an open container charge, is that gonna get laughed outta court or could that actually stick?

 

[asiny]

Also is it legal to take a witness statement and not use it or turn it in? I mean it was right in front of their house and they were the reason I was released the first time. Also a beer exploded during the wreck and I'm getting an open container charge, is that gonna get laughed outta court or could that actually stick?

Have you contacted the witnesses yourself? Do you have an attorney?

 

[CdwJava]

They all ran and were found 3 hours latter with the same story. It was registered to me and the keys where in the ignition.

Not good for you at all.

I was given a pbt at the scene, but never a cordination test, then released and when they re-arrested me they gave me another, will they have to use the second?

The test used after the arrest would be the official one they would use at court. However, releasing you and then re-arresting you later might be a problem for them if they cleared and then returned. If they just delayed in slapping the cuffs on you, then that might not be a problem.

And what about the cop suppling a minor, and stating, because I upset him he would hit me with everything he could. On my araignment they threw out the obstruction and resisting ( both charges because I aparently lied) like its obvious I ruined his 4th and he's out for me now.

Because the cop might have acted like an idiot doesn't make you not guilty. Your attorney might be able to use his actions to benefit you, but by yourself, probably not.

Also is it legal to take a witness statement and not use it or turn it in?

The defense can request this statement in discovery. If not disclosed, and it can be shown that such a statement or witness exists, then the case could get dismissed later for the state failing to provide exculpatory evidence. But, if you have not yet gone to trial, then there is still a chance for this to be entered into evidence. And if they failed to disclose it, that it not an automatic dismissal of the charges as the state would possibly be permitted to re-file later.

Also a beer exploded during the wreck and I'm getting an open container charge, is that gonna get laughed outta court or could that actually stick?

You say it "exploded." The state is likely to say it was open.

 

[dale1991]

Thank you first off. The beer was in a backpack and puntured on the side of the can, then leaked out, idk if there's a picture he took of it but it would show the tab isn't poped. Yes I've contacted the witnesses and I have a written statement from them, my legal counsel is set for tommorow. One last thing I'm getting 3 reckless endangerments, as well, but the fact they left the scene and cohersed their storys for a few hours without reporting anything showing they obviously werent going to be reporting anything and were worried about their own butts, is there a good chance on those charges too?