So...this is a lot worse than a DUI. Advice for a friend?

[Ian_Y]

VISTA: Carlsbad man arrested after high-speed pursuit

That is essentially what happened that night although the news missed that he was driving on a suspended license also. He was also not charged with an alcohol DUI, but a marijuana DUI which was my fault.

The reason I am here is that I was the passenger that night and the trial is tommorow. The night of the offense I gave the officers a statement that basically condemned my best friend, when in reality I should have said absolutely nothing. My friend is very, very upset with me because he thinks my statement is going to send him to jail for 1.5 - 3 years when in my logic I was only stating the truth. (I figured what could it hurt, they wanted a statement and they had him arrested and booked..it's not like he's going to get out of felony evasion when it made the news and what not.) However I unknowingly made a few false statements that I must correct at the trial tommorow. Here is what I plan to say:

"My name is Ian Young. I was the passenger in the vehicle with Mr. Holloway that night. The initial reason for that car ride was that Mr. Holloway was only trying to prevent myself from taking the wheel drunk and high. In the police report I made several flawed statements that ended up compromising Mr. Holloway which resulted in him being charged of a crime he was not guilty of committing. As I stated prior, I was under the influence of drugs and alcohol which most definitely clouded my best reasonable judgment. Essentially, I was afraid of getting arrested myself and proceeded to tell the arresting officers what they would have wanted to hear. At no time did I ever tell Mr. Holloway to pull over the vehicle, urging him to end the chase. Additionally, I falsely stated that Mr. Holloway and I were both smoking before the drive when truly it was only I, which is why I believe the charge of DUI should be dismissed. Unfortunately my state of mind that night lead me to make false generalizations about this man who realistically was trying to get his friend home safe. With this being said Mr. Holloway is a good person, and we all have made mistakes. I would request to the court that Mr. Holloway receive a lighter than usual sentence or be relieved of jail time as he has a 3 year old son who needs his care."

Yes, I tried to use appeal to emotion a bit. I wanted to try and make him look a little better because at this point the judge is really, really pissed at him. It is also true that I told the police "I tried to tell him to stop, etc" just because I knew it was what they wanted to hear. I really didn't realize how much impact it could have in court, or if it can...

So at this point I am a little confused. If anyone can help me out or give me any advice on any tweaking I should do to the statement, maybe hints on what my friend may be looking at (It's his first felony) and whether or not that marijuana DUI would be dropped because of my statement. Thanks so much for the help guys...

And please keep the criticism to a minimum..yes I know it is neither of our proudest moments.

EDIT: I also realize that this could basically set me up for a perjury charge essentially but I do not know. I was not intentionally lying by saying that we were both smoking, I was intoxicated and really had thought we did. Would I really try to convict my best friend of an extra charge <_>. And the only other thing was that I stated that I had told him to stop running from the police when I never ever said that. Would this qualify as perjury in your opinions?

 

[CdwJava]

First off, you will not have the opportunity to make that statement as it is. When called to the stand by the D.A. or the Defense you will be asked questions, and you will be answering only those questions. If the defense feels that your perception was skewed, they will ask you about that.

Second, they did not make a DUI arrest solely on your statement. They took the entire situation into account, and almost certainly made the determination of impairment based upon objective factors unrelated to your statement. It is also quite possible that they have urine or blood to affirm a marijuana based DUI.

And how do you know they are assuming it was a solely marijuana based DUI? If he was charged with CVC 23152(a) that can be for both drugs and alcohol ... if for 23152(b) then he has been charged with a BAC of .08 or greater.

Third, the high speed pursuit (felony evasion) is going to be the far more serious offense, so I doubt the DUI will be their primary concern. It is likely that this case will result in a lea deal - perhaps to the DUI to avoid the evasion charge ... perhaps to a misdemeanor evasion charge and DUI, who knows?

Oh, and if you intend to confess to lying to the police, you might want to consult legal counsel before you do so.

 

[Ian_Y]

I was actually not even given a subpoena to appear.

To my knowledge, no urine/blood samples. Was not charged with an alcohol related DUI - he blew under .08 BAC.

Am I not able to voluntarily make a statement since I was not given a subpoena to appear?

EDIT: Thanks CDW again.

 

[FlyingRon]

I was actually not even given a subpoena to appear.

So far so good.

To my knowledge, no urine/blood samples. Was not charged with an alcohol related DUI - he blew under .08 BAC.

You do know that .08 is only the prima facie limit where they presume him to be intoxicated? He can be convicted solely on the alcohol given other evidence of intoxication. The combination

Am I not able to voluntarily make a statement since I was not given a subpoena to appear?

You're not allowed to "voluntarily" make a statement subpoenaed or not. The best you can do is make an offer to the defense attorney. If he feels you could be useful he will call you as a witness and ask you the questions that elicit the useful information.

Frankly, even if you were to make that statement, it isn't going to help him.

 

[CdwJava]

I was actually not even given a subpoena to appear.

Then no need to show. Apparently neither the state nor the defense wants your testimony just now.

If he was charged with one or more felonies there will be a preliminary hearing. You would probably not be needed there, either. And trial may well be many months - perhaps a year or more - off.

To my knowledge, no urine/blood samples. Was not charged with an alcohol related DUI - he blew under .08 BAC.

One can be charged with DUI on alcohol under .08. CVC 23152(a) is for both drug related DUIs as well as alcohol DUIs under .08.

Am I not able to voluntarily make a statement since I was not given a subpoena to appear?

No, you are not. The court is not a public forum.

Even if issued a subpoena you will be allowed to answer only those questions directed to you. You would not have a chance to make a statement. If a victim or a suspect you might be permitted to make a statement after a conviction and prior to sentencing, but that is about the only time that such a freeform statement can be made.

 

[Ian_Y]

I see. I am pretty sure they had the prelims within a week after he was arrested so this is definitely the trial. I guess I would have to assume that even if I wanted to give a statement for the defense (Provided they wanted my testimony) at this point it is too late because the trial is tommorow?

 

[CdwJava]

I see. I am pretty sure they had the prelims within a week after he was arrested so this is definitely the trial. I guess I would have to assume that even if I wanted to give a statement for the defense (Provided they wanted my testimony) at this point it is too late because the trial is tommorow?

The defense clearly does not feel that what you have to add is likely to have anything to the defense. And from what you wrote, I don't see that it will.

If the prosecution does not want to call you, then even THEY do not feel that your statements had any real bearing on the case.

 

[davew128]

More concerned that a Kia Specta got to 130 MPH and on Highway 76 to boot.....

 

[Ohiogal]

Gotta think that the Prosecutor's office would be really interested in this thread about how Mr. Ian Young lied to them (thus committing a crime) and he announces it on the internet with all sorts of facts.

 

[CdwJava]

Gotta think that the Prosecutor's office would be really interested in this thread about how Mr. Ian Young lied to them (thus committing a crime) and he announces it on the internet with all sorts of facts.

Maybe. Maybe not. He's confessing to a couple of potential misdemeanors, and there is no easy way to prove that it is truly him without subpoenas and/or search warrants to ISPs and to this site. I doubt they will be too concerned with pursuing the matter unless he were to actually testify or offer some form of key evidence.

Since he has not been subpoenaed by anyone, it seems that his statements were neither damning nor exculpatory so neither side felt any need to call him as a witness.

 

[Ohiogal]

Maybe. Maybe not. He's confessing to a couple of potential misdemeanors, and there is no easy way to prove that it is truly him without subpoenas and/or search warrants to ISPs and to this site. I doubt they will be too concerned with pursuing the matter unless he were to actually testify or offer some form of key evidence.

Since he has not been subpoenaed by anyone, it seems that his statements were neither damning nor exculpatory so neither side felt any need to call him as a witness.

As long as it is true that today was the FINAL trial and not just a pretrial of some sort.

 

[CdwJava]

As long as it is true that today was the FINAL trial and not just a pretrial of some sort.

I suspect that the first hearing was actually the arraignment and that today's is the preliminary hearing. The odds of a trial occurring a month after the offense are extremely slim. Of course, it might also be the day he pleads out.

This is not the kind of offense that the defense will generally take to trial unless the prosecution refuses to offer a plea of any kind. After all, what rational defense might there to be felony evasion?