Ticketed while at home/WI

[tms]

So, on Christmas Eve night, I left a bar after having two drinks in a couple of hours. In my hurry home, I hit a curb on a sharp turn while I was trying to reach a cell. Tire goes flat, but since i was only three blocks away from home, run home to grab some help. Girlfriend grabs her truck, and we decide to push it the three blocks home, which was not a good idea, as it snapped the tie rod. I couldn't stop her, as she was pushing me from behind. After we park it, I realize its on the wrong side of the street for calender parking, so since the tire was screwed up, decide to at least not get a ticket, and we push it to the other side, which caused the radiator to develop a hole as the car was low enough becasue of the tire situation. Once again not a bright idea. We get it parked, however with the bad tire, it would go no further and was sticking out a bit in the street.

Being Christmas Eve, I go in the house, and we open gifts and I have a bunch of ****tails since I am still angry about the car, plus wanted to celebrate the holiday. Two-three hours later, we are ready to hit the bed, but I am worried about the car sticking out. I ask the girlfriend to run out and see if it would start, but all it did was spit radiator fluid all over. She tried to push it one last time with the truck, but all it did was make the tire smoke some more. The car only needed to move in another half foot, so we decided to leave it. I go to bed, but the girlfriend calls the local police to ask that the car not be ticketed because of the situation. This was at 448 am, and officers arrived at 451 and got me out of bed. They asked if I was drinking, and I told them what happened. They assumed that I hit somebody and arrested me. Once they saw that there was no accident, they still booked and drew blood. I blew a 1.9 with the tube. My question is, since I had a bunch of ****tails at home, can they still prove what bac was when I was driving? I admit, I downed a bottle of champagne and had a bunch of vodka gimlits while opening gifts...way too much for a 2-3 hour stretch, but it was the holiday. I inteded to hire a lawyer, but was wondering what my chances are? This would be my second offense as I had a DUI 7 years earlier.

[xylene]

You destroyed your car because of a flat tire?

I don't get that.

[tms]

Like I said, not the brightest idea that I ever had. It was only a winter beater car that I was using until I made a car purchase next month. Paid nothing for the car, so not out too much.

[seniorjudge]

Q: I inteded to hire a lawyer, but was wondering what my chances are?

A: About 50-50, more or less.

[SillyPuddy]

Senior Judge gave you what your odds are although I disagree.

Since you blew a .19 there's most likely some way they'll get a DUI/OWI out of it.

[BigMistakeFl]

I think you should fight this charge. Hire a lawyer. You got drunk after you drove and proving otherwise will be difficult.

You are also a binge drinker. I'd look into that as well.

[panther10758]

I question your honesty on this (sorry) too many things dont make any sense. You caused all that damage after just geting a flat!? You call cops on Christmas Eve and they arrive (over a parked car) in 3 minutes!? Your arrest for DUI having not been behind the wheel!? Lastly by law a LE Officer cannot arrest someone on misdemeanor charges if crime was not comitted in their presence! All that just sitting here there may be more! Your either being less than honest with us or this is the biggest farce I have ever heard of. If your telling the truth about the drinking then any Attorney can get you off! However I once again find cause to wonder if entire truth is being told! I wish you the best

[gawm]

I don't buy this story for a minute. So many things wrong with it I wouldn't know where to start.

[BigMistakeFl]

Ok OP; are you disclosing everything? Any parts of the story missing? Anything the cops might be ready to present as evidence against you? How much time elapsed between you having control of your vehicle and the time the cops showed up?

[Zigner]

I agree that this story seems like a line of BS.
Unfortunately, if everything OP said is true, I seriously doubt a DUI charge would stick.

OP - get help and stay off the road

[You Are Guilty]

Originally Posted by Zigner

I agree that this story seems like a line of BS.
Unfortunately, if everything OP said is true, I seriously doubt a DUI charge would stick.

OP - get help and stay off the road

Even if everything he said was true , there is no judge on the planet (especially one who has heard more than 1 DWI case) who would ever believe it, so copping a plea would really be a good idea.

[panther10758]

If what OP says is true (very unlikely) he wont have to worry about court no DA would touch this case. I once again say that Law Enforcement cannot make an arrest on a misdemeanor if crime did not happen in their presence!

[Happy Trails]

You're not suppose to open your gifts on Christmas Eve....

[tms]

Ok, I will try to clear some things up. The reason why I moved my car was that I felt it was unsafe where it was sitting. When I hit the curb on the sharp corner, it damaged the tire and was unable to be driven. So when the girlfriend pushed me home, she went too fast, and thats what caused the tie rod to snap. When we moved it across the street, I did not take into account how low the car was sitting on that side, so when we turned the car, it clipped the bottom corner of the radiator. Thats where a small pool of coolant started and trailed back to my car about 20 feet away.

Now for the time issue, we have a cell phone record of 448. We live a block away from the local police station, so I assumed they just sent somebody out. My ticket says 451, but there is no way that is accurate, as I had to get out of bed and talk to them before I was arrested.

Now, I have talked to somebody that has seen the police report, and more issues come up. In it, the police say that they noticed the coolant, followed the trail, ran the plate to find out the owner. However, my girlfriend made the call outside, as she was taking the dog out before going to bed. They arrived at the scene, went up to her and she got me out of bed. then they questioned me, and tried to follow the trail to see if there was an accident. Also, the street where the coolant was on is a busy, darker lit street. The coolant had been absorbed into the pavement, so it would have had to taken an eagle eye to notice it driving by at 40 mph.

[panther10758]

I wish you the best but my opinion is your full of it!