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  1. #1
    brandonb2012 is offline Junior Member
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    Apr 2010
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    South Dakota
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    DUI; Aggravated Assault; Hit and Run

    What is the name of your state (only U.S. law)? South Dakota.

    About 3 weeks ago, I made a terrible mistake. I was drunk and got into a fight (I don't remember how it started but I think I was tripped) and hit a random couple with my car and drove away.

    Here's my case.

    What I remember was that there was a group of about 5 that I was fighting by myself and that I was thrown to the ground and punched hard in the face. I may have had a concussion as I saw stars and think I was down for a little bit. I then got up and threatened to hit the person who punched me with my car.
    I was unsure who it was but believed the person was wearing a baseball cap. I then walked to my vehicle which was maybe two car spaces away and popped the curve and hit 2 pedestrians that had nothing to do with the incident (I was looking for the baseball cap guy and I think they were kissing and didn't see me... I didn't notice them till it was too late.)
    There were no reported injuries from the people that night other than the male reporting a hurt knee which he went to the hospital for a week later (filed a civil suit.)
    I drove away because the people I had been fighting ran over to the car and tried to break in. They broke my side mirror, and dented the front and sides of my vehicle (as documented by the police investigator.)
    The police picked me up a half hour later walking around without a shirt and some blood injuries on my arm.
    I parked about a mile from the incident because I was afraid to go home as I thought that one of my housemates might have been in the fight and would tell them where I lived(he wasn't but I didn't know until I called his roommate the next day after being released from jail.)
    I blew a .14 that night.
    I had no previous misdemeanor or felony offences and have been charged with 2 counts of aggravated assault and one of hit and run with a class 1 misdemeanor DUI. I’m a graduate student with good grades and tutor some fellow students for free. I’m also a student senator and have good letters of character from professors and the community.
    What defense should I take? What steps should I take? What are my chances of getting these charges lessoned to misdemeanor offences?
    Last edited by brandonb2012; 04-27-2010 at 11:48 PM.
  2. #2
    debtcollector` is offline Senior Member
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    Taught a man how to buy fish -- it seemed easier.
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    6,032
    Get a lawyer yesterday.

    And don't talk to anyone about the incident until after you talk to your attorney.

    DC
  3. #3
    brandonb2012 is offline Junior Member
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    South Dakota
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    Thank's

    Thatís what I've been told by just about everybody... even the police officer the night of the incident who picked me up (he was a very nice officer.) If I can get the guy who claims he's hurt (by both politeness and maybe money???if legal?) to either say he's not really hurt or to give a positive testament of character or something for me, could that help? I found out through the grape vine who it is and apparently he had surgery on the knee a week before I hit him, so itís not like this incident caused the damage, might have just inflamed it.

    Thanks so much though DC.
  4. #4
    FlyingRon is offline Senior Member
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    Feb 2007
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    You're not getting recovery from this felonious act by being Mr. Popular.
    Presumably by now you've provided identification and insurance information to all the people involved
    SHUT UP AND GET A LAWYER AND FOLLOW HIS INSTRUCTIONS.

    Nothing you have said mitigates the horrendous crime you admitted to.
    You can't make it better by kissing up to people at this point.
  5. #5
    ERAUPIKE is offline Senior Member
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    Jan 2009
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    1,559
    Quote Originally Posted by brandonb2012 View Post
    Thatís what I've been told by just about everybody... even the police officer the night of the incident who picked me up (he was a very nice officer.) If I can get the guy who claims he's hurt (by both politeness and maybe money???if legal?) to either say he's not really hurt or to give a positive testament of character or something for me, could that help? I found out through the grape vine who it is and apparently he had surgery on the knee a week before I hit him, so itís not like this incident caused the damage, might have just inflamed it.

    Thanks so much though DC.
    Hey Mr. Popular, this is a big deal. Are you really suggesting that you want to pay a witness or victim to change their testimony or testify on your behalf? Thats another felony genius.

    Your judgement has gotten you into this mess. Stop thinking for yourself, there is nothing you can do to fix this. Hire a lawyer and do whatever he/she says to do. You are looking at some very serious charges that will, if convicted, make your very expensive education worthless. Felons have a very difficult time finding jobs, even if they are really nice people.

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