Grounds for DUI

[CdwJava]

Originally Posted by tazz13

Our daughter hasn't been a dependent of ours in 3 years so she would hopefully qualify for public defender even if on a sliding scale as we were advised. Coming up with 2 to 4 thousand dollars for DMV hearing as we have been quoted is out of the question. Attorney did say that due to the time frame of when the accident happened and when the breathalyzer was adminstered is so sketchy that alone may give the DMV officer reason for pause.
As for the DA we have been advised that there is a slight chance the won't file the charges due to the fact no witnesses to the accident and she was not arrested at that accident but 3 1/2 hours later. That 3/12 hours is based on their 'guessing' when this all occured.

All of this plays into her favor on both accounts. But, like I said, if her .08 BAC does not equate with what she alleged to have drank at your house AFTER the crash, then the cops know, she knows, and everyone knows that she was likely impaired at the time of the crash ... they just cannot make a case beyond a reasonable doubt.

Now, if she alleged to have downed a 6 pack in an hour, or was doing a half dozen shooters in that period, maybe she's in the believability zone.

If the former, I can only hope she has learned her lesson.

- Carl

[tazz13]

I can't tell you how this has changed her and what she is learning from it.

When I came back to the house with the officers so they could talk to her I went to her room where she was drifting off to sleep but I noticed a bottle of Vodka, a glass and a bottle of OJ on her dresser that wasn't there when I left to go to the crash site. She had several shots and a couple of screwdrivers in the time I was gone. The officers wouldn't let me speak and made me step into the house and close the door while they talked to her. She was so traumatized by the whole event she doesn't remember all that took place. Again the doctor has determined she suffered a major concussion and had impaired judgement and for 2 - 3 weeks she could have trouble recalling what happened per his diagnosis.

[CdwJava]

Of course, since she cannot be compelled to take the stand in her own defense, what she recalls or fails to recall is not likely to be relevant. if she DID take the stand, then it might be compelling.

While bringing a case against her for DUI would be difficult, it is possible depending on what she told the officers at the time, and what her BAC was when she was tested.

At this point, all she can do is attend the DMV hearing and then wait to see if the DA files by the arraignment date.

- Carl

[tazz13]

Found an attorney today who use to be a DA and Public Defender who seems to be more than willing to work with us. She will meet with us Monday and is more than happy to work within our financial means. Since, according to her, the DMV must go by the time the breathalyzer was taken at the PD not our front porch and taken into account the time the officers say the accident occured, they have no basis to revoke her license. This time span would be 4 hours.

We'll hope for the best!

[>Charlotte<]

Tazz13, you seem not only willing, but determined to believe she wasn't drinking and driving. I'm not saying she was or wasn't, I'm just offering the following for your consideration.

I wouldn't be surprised if drinking after an accident is common among impaired drivers in an attempt to create an explanation for having alcohol in their systems. As Carl has explained very well, it's not that easy to fool the means by which the police can make their determination. You'd be wise to acknowledge the possibility that she was drinking and driving, and encourage her to be absolutely honest with her attorney so that he can represent her as effectively as possible. If he asks her if she was impaired, she needs to tell him the truth. Please make sure she's absolutely clear on that.

[tazz13]

She has been very honest and forthcoming with this attorney and actually the CHP officers as she told them exactly what she had to drink at this dinner she was at and I have been able to talk to a couple of people that were there who know me and I spoke with them without my daughter knowing so as to not give her a chance to cover her tracks. These friends have written the info out and will be sending to this attorney. In a 5 hour time frame she had exactly 2 12oz beers and 1 ****tail with 1 oz alcohol in it. At 10:48 she and her girlfriend were boarding BART in SF to head home. Her friend, although soon to turn 22, is Muslim and has a strict midnight curfew. I am not so naive to think she could not have been impaired at time of the accident but even the attorney is questioning the breathalyzer tests and I know for a fact she had several drinks while I was at the crash site. She is an adult and made adult choices - I am only doing my best to help her get counsel as she will need it.