I was passenger but got charged for dui 2 months after the accident

[good2go]

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

Do i have a chance here in court seeing i have 3 prior dui`s. they are 9 years old

The driver was my designated driver taking me home late at night threw a construction zone on the freeway he hit a sandbag or something and crashed my truck. there was a sandbag gore point so im assuming that was it. no others were involved in accident. we get out for safety with no shoulder lane. Im climbing a dirt embankment with my dog in my arm then wake up in a hospital. Find out later police took me there so safe to assume they knocked me out from the knot on back my head. well blood test were taken at hospital obviously, two months later i got letter in mail for dui arraignment. Police didnt see a driver and my friend didnt say i was (so i think) so why am i getting dui charge? DA looking to score some points ?
and im getting charged with hit and run.

side note, they left my dog to die. small fluffy chihuahua. I returned next morning and found her cold and scared

 

[sandyclaus]

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

Do i have a chance here in court seeing i have 3 prior dui`s. they are 9 years old

The driver was my designated driver taking me home late at night threw a construction zone on the freeway he hit a sandbag or something and crashed my truck. there was a sandbag gore point so im assuming that was it. no others were involved in accident. we get out for safety with no shoulder lane. Im climbing a dirt embankment with my dog in my arm then wake up in a hospital. Find out later police took me there so safe to assume they knocked me out from the knot on back my head. well blood test were taken at hospital obviously, two months later i got letter in mail for dui arraignment. Police didnt see a driver and my friend didnt say i was (so i think) so why am i getting dui charge? DA looking to score some points ?
and im getting charged with hit and run.

side note, they left my dog to die. small fluffy chihuahua. I returned next morning and found her cold and scared

If you honestly were a passenger, and not the driver in the accident, then they would have no reason to try to charge you. It sounds like they believe you were being less than truthful in your statement, and they may have discovered evidence to support their position after completing the accident investigation. The fact that you have 3 prior DUIs on your record may have something to do with it.

Hire yourself an attorney.

 

[Just Blue]

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

Do i have a chance here in court seeing i have 3 prior dui`s. they are 9 years old

The driver was my designated driver taking me home late at night threw a construction zone on the freeway he hit a sandbag or something and crashed my truck. there was a sandbag gore point so im assuming that was it. no others were involved in accident. we get out for safety with no shoulder lane. Im climbing a dirt embankment with my dog in my arm then wake up in a hospital. Find out later police took me there so safe to assume they knocked me out from the knot on back my head. well blood test were taken at hospital obviously, two months later i got letter in mail for dui arraignment. Police didnt see a driver and my friend didnt say i was (so i think) so why am i getting dui charge? DA looking to score some points ?
and im getting charged with hit and run.

side note, they left my dog to die. small fluffy chihuahua. I returned next morning and found her cold and scared

What does your Attorney say regarding your arrest?

 

[CdwJava]

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

Do i have a chance here in court seeing i have 3 prior dui`s. they are 9 years old

Holy smokes! Is this one being charged as a felony?

The driver was my designated driver taking me home late at night threw a construction zone on the freeway he hit a sandbag or something and crashed my truck.

Okay ... so ... your designated driver was driving YOUR truck and managed to plow through a construction zone and hit something? Is that correct?

no others were involved in accident. we get out for safety with no shoulder lane. Im climbing a dirt embankment with my dog in my arm then wake up in a hospital.

Okay ... you don't recall what you hit, but you DO recall exiting safely in a "no shoulder lane" (whatever that means). Then you recall climbing an embankment with your dog for some odd reason, and then nothing after that.

Find out later police took me there so safe to assume they knocked me out from the knot on back my head.

Ah! So, because your memory is spotty and you were in an accident, you assume the POLICE hit you on the head to knock you out ... for grins and giggles? Why, do you think, they would knock you in the head and try to knock you out? Let's ignore the fact that the police are not trained in ANY such maneuver, and the fact that you seem to clearly recall exiting the vehicle and climbing an embankment but have no recollection of lights, sirens, and the police being present before your memory goes blank.

Could the knot on your noggin be from the crash?

well blood test were taken at hospital obviously, two months later i got letter in mail for dui arraignment.

What was the BAC?

And, yes, this is common for such incidents. They are not going to arrest you immediately because that means THEY have to adopt the bill for treatment. This way, it's yours free and clear. Then, when they get the reports done and the blood tests back they file the case and you get to go to arraignment where you will make your plea and ask for appointed counsel if you cannot afford your own.

Police didnt see a driver and my friend didnt say i was (so i think) so why am i getting dui charge? DA looking to score some points ?

How do you know the police did not see a driver? How do you know that you or your friend didn't dime you off as the driver? How do you know there were not other witnesses? Who was in possession of the keys? Did you have the keys at the hospital? Or, did your alleged DD? Was your DD the same height as you?

The state will have to show that you were driving the vehicle while impaired. There are a number of ways they can place you in the driver's seat and you do not know how they reached their conclusion. So, at this point you should wait for your attorney to obtain a copy of the police reports and then review it to see how they came to the conclusion that you were driving.

and im getting charged with hit and run.

You were supposed to stay there.

side note, they left my dog to die. small fluffy chihuahua. I returned next morning and found her cold and scared

It could be that they could not catch her. Chances are they were more concerned with YOUR welfare and your friend's than with the dog's.

As a note, having three prior DUIs and being the owner of the vehicle puts you in the crosshairs at the outset. Your problem will likely be your friend - the DD. If he admits to driving, then he takes one for the team and potentially suffers the ramifications for a hit and run and, maybe, DUI himself (it wouldn't be the first time a designated driver was impaired). But, if he fingers you or decides he cannot recall who was driving, then the state's case is made more difficult but the guilt still tilts in your direction. And if the DD was stone sober, then the odds of him losing control is greatly diminished and you still make a good suspect.

Do you know what your BAC was? Are they charging you with VC 23152(b)?

 

[Just Blue]

Holy smokes! Is this one being charged as a felony?


Okay ... so ... your designated driver was driving YOUR truck and managed to plow through a construction zone and hit something? Is that correct?


Okay ... you don't recall what you hit, but you DO recall exiting safely in a "no shoulder lane" (whatever that means). Then you recall climbing an embankment with your dog for some odd reason, and then nothing after that.


Ah! So, because your memory is spotty and you were in an accident, you assume the POLICE hit you on the head to knock you out ... for grins and giggles? Why, do you think, they would knock you in the head and try to knock you out? Let's ignore the fact that the police are not trained in ANY such maneuver, and the fact that you seem to clearly recall exiting the vehicle and climbing an embankment but have no recollection of lights, sirens, and the police being present before your memory goes blank.

Could the knot on your noggin be from the crash?


What was the BAC?

And, yes, this is common for such incidents. They are not going to arrest you immediately because that means THEY have to adopt the bill for treatment. This way, it's yours free and clear. Then, when they get the reports done and the blood tests back they file the case and you get to go to arraignment where you will make your plea and ask for appointed counsel if you cannot afford your own.


How do you know the police did not see a driver? How do you know that you or your friend didn't dime you off as the driver? How do you know there were not other witnesses? Who was in possession of the keys? Did you have the keys at the hospital? Or, did your alleged DD? Was your DD the same height as you?

The state will have to show that you were driving the vehicle while impaired. There are a number of ways they can place you in the driver's seat and you do not know how they reached their conclusion. So, at this point you should wait for your attorney to obtain a copy of the police reports and then review it to see how they came to the conclusion that you were driving.


You were supposed to stay there.


It could be that they could not catch her. Chances are they were more concerned with YOUR welfare and your friend's than with the dog's.

As a note, having three prior DUIs and being the owner of the vehicle puts you in the crosshairs at the outset. Your problem will likely be your friend - the DD. If he admits to driving, then he takes one for the team and potentially suffers the ramifications for a hit and run and, maybe, DUI himself (it wouldn't be the first time a designated driver was impaired). But, if he fingers you or decides he cannot recall who was driving, then the state's case is made more difficult but the guilt still tilts in your direction. And if the DD was stone sober, then the odds of him losing control is greatly diminished and you still make a good suspect.

Do you know what your BAC was? Are they charging you with VC 23152(b)?

Thank You CW for responding to this thread. You put everything I was thinking in "California" legalize.

 

[Mass_Shyster]

You were supposed to stay there.

If OP's claim it true, does this statement still hold? Is a passenger under any obligation to stay there?

OP, you need a lawyer and you'll need witnesses who can testify that you were being driven home.

 

[CdwJava]

If OP's claim it true, does this statement still hold? Is a passenger under any obligation to stay there?

OP, you need a lawyer and you'll need witnesses who can testify that you were being driven home.

Well, technically VC 20002 only applies to the driver. However, as he was the OWNER of the car it would be wise for him to have stayed and provided information as among the required info to be provided is the name and contact info for the registered owner of the vehicle as well as the driver. Personally, i don't buy that he was not driving. But, if he weren't driving, he would not be guilty of VC 20002. But, if the driver were incapable of making a report due to incapacitation or flight, per VC 20010, the PASSENGER would have been required to remain and make the accident report.

However, absent a designated driver that is 'fessing up to driving the car, I suspect the OP is all wet. I am waiting for the OP to come back to fill in some details and answer some of the previous questions. I am also curious whether our "designated driver" is actually a real person that the OP knows and can contact, or if it is someone that he met at the bar that night and has not seen since. I've been down this road many, many, MANY times in the last 21+ years and recently tread it last month in a *GASP* DUI hit-and-run where the owner/driver denied even BEING in the car! Never mind that he was in possession of the keys, left his shoes behind, had blood and injuries consist with the nature of the crash, had a girlfriend that said he admitted to being in the crash, someone of his build and unique hairstyle was seen fleeing the scene, and had the seat adjusted perfectly for someone of his height. This recent one was easy ... I suspect there will be similar wry responses from the officers that responded to this one as there is likely evidence and comments made that tied the OP to the driver's seat.

 

[good2go]

Doubt all you want. i was not driving
Im no angel this is not my only criminal offense in my lifetime my jacket is lengthy nor is it my drivers. hes been prison few times so i dont know what kind of credibility that gives him. im feeling the DA is just trying to bone me on his suspicion because of my previous history.

2 of my previous 3 dui`s are over 10 years old if that matters

I just had court yesterday and haven't spoken to lawyer yet. like i mentioned this was dropped on me with less that 10 hours notice before i had to show in court. the DA was sitting on it for 3 weeks. letters postmark shows it was mailed a day before my court date.
got home from work, checked my mail and read i had court the next morning. lucky i read my mail that evening

No it wasn't ''inside'' a construction zone but the freeway is under construction. confusing if you dont drive it everyday as my driver was confused missing the junction to my house

he was never tested for BAC

next day i went back and saw sandbags the construction crews used as a gore point,. thats what i believe he hit . it was a accident plain and simple

No where safe to stay after the accident. inside the vehicle is not safe. outside is defiantly not safe. outside would have me standing in a live lane. so for my and my dogs safety i climbed the embankment whats wrong with that.

it was late night (early am) and no sirens no other cars around no police till later, so No there was no seeing who was driving.
also no seat belt bruising showing i was sitting driver or passenger
no statements made to nurses other than wheres cloths im leaving (to find my dog)

only thing damaged was my truck

keys were in the truck when i went to the tow yard to get my possessions out

this is not a important issue but the knot was on back of my head ..im not making a stink about getting knocked out by police. thats just what happened. NEVER saw or spoke to them. NO sirens before i got knocked unconscious. must of snuck up on me. that couldn't of been hard i was drunk. maybe he said something and i didnt hear him. i dont know. i just woke up in a hospital and immediately left to find my dog.

if this thread is not going anywhere but negative i will end it

i dont remember what the judge said my BAC was i was too dam nervous standing up there. i seem to have forgotten every thing he said. its been a while sense iv been in trouble. standing in front of a judge used to be so easy

so do i have to wait till next court date to see court appointed attorney and to see what DA has as his evidence as me driving. can i not see this attorney sooner

 

[good2go]

Are they charging you with VC 23152(b)?

Yes


all mistermeaners (sp?)


maybe my dog ran but shes so friendly shes would of probably wanted to get inside a police car , i dont hold a grudge especially for what i dont know

 

[CdwJava]

Unless you pay for an attorney you will have to wait until arraignment for one to be assigned.

And since you never saw them, you cannot possibly know the police knocked you out. And, since we are not trained in any such maneuvers I find that highly unlikely.

As I said, the state will have to show that you were driving. Whether they can or not is something I cannot possibly know.

 

[good2go]

And since you never saw them, you cannot possibly know the police knocked you out. And, since we are not trained in any such maneuvers I find that highly unlikely.

.

could of just been a dick move whooping my ass for grins and giggles. its happened before. not just to me. officers aint saints but thats not a issue with me i could care less. being prosecuted for dui is what im here posting about.

that said thanks for the replies.

 

[CdwJava]

could of just been a dick move whooping my ass for grins and giggles.

And since your memory is spotty at best, you're simply pulling this prospect out of thin air. More likely, you got it when you were involved in the collision. In my 21+ years at this I have yet to ever see someone clonked on the head for anything less than a life-or-death struggle (or nearly so) - and then it was with a weapon, and was mentioned in a police report because additional charges were made against the suspect.

As for the DUI, when your attorney gets appointed he or she will have access to the police reports and evidence. At that point a decision can be made as to how best to proceed. If the ONLY thing they have to put you in the driver's seat is your ownership of the car, then that'll be a tough sell. However, I suspect they have more. It could be the statement of the alleged designated driver, it could be some muttered admission on your part (since you memory is spotty, anything is possible), or something else.

And, by the way, what WAS your BAC?

 

[robertreck19]

If you are really telling the truth that you are just a passenger of the said incident then you must have a living proof for that. Why they are going to charged you for DUI when you are not the one who driving on that car. Only the driver's who is under the influence of an alcohol or any substance can be charged with DUI.