Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-01-2003, 12:43 PM
mjfreshstart
Guest
 
Posts: n/a

what are my options if any?


What is the name of your state? Minnesota

On May 2nd I was in an accident while intoxicated. The other driver had minor injurs with a fracture. Since that time, I went in-patient treatment voluntarily for 3 1/2 weeks. Filed bankruptcy and have lost all personal belongings and lived out of a suitcase temporarily from family member to family member waiting to be charged and face my hearing/court. My only option to find permanent residency and start fresh with new job etc. was to move to Hawaii and live with my sister. I heard nothing and noone would talk to me at the courts, so I could wait no longer and moved on 8/26 to Hawaii, still not hearing of my charges or anyone willing to talk to me as I had not been charged yet. A letter was sent on 8/29 stating I am being charged with a felony and my hearing is for 10/27.

What are my rights (speedy trial, right to attorney) considering I am 4000 miles away? I cannot afford airfare to come and go as it is very expensive. What accomodations if any are reasonable (e.g., one hearing/trial, hearing over phone, move case to Hawaii)
Thanks for your advise!
  #2  
Old 09-01-2003, 01:37 PM
loocpoc
Guest
 
Posts: n/a
If you dont show even though you live in Hawaii, a warrant will be issued for your arrest and you will have a free one way ticket back to Minnesota courtsey of the state of Minnesota. Also you will be sued and most likely be poor for the rest of your life.
  #3  
Old 09-01-2003, 01:58 PM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally posted by loocpoc
If you dont show even though you live in Hawaii, a warrant will be issued for your arrest and you will have a free one way ticket back to Minnesota courtsey of the state of Minnesota. Also you will be sued and most likely be poor for the rest of your life.

My response:

In this case, "Loocpoc" is absolutely correct - - concerning the Civil lawsuit that will be filed against you.

You see, you had the mistaken belief that Bankruptcy would "save" you from being sued. What you failed to know and understand is that BK doesn't extinguish debts that are caused by your "malice"; i.e., your "purposeful" acts. Therefore, the punitive and exemplary damages portion of any lawsuit filed against you will "stick", and are not extinguished through BK.

When you get behind the wheel in an intoxicated condition, the courts look upon that as a "purposeful" act; i.e., you didn't have to get behind the wheel in that condition. Your act wasn't merely "negligent" - - it was "purposeful". You had a choice. It wasn't an "accident" for you to get behind the wheel. Interestingly, this line of authority has support by inference from the well-settled case law definition of "conscious disregard" for punitive damages purposes- - i.e., "wilful and wanton misconduct" supporting a punitives award is more than "recklessness" or "gross negligence." [See Taylor v. Super.Ct. (Stille) (1979) 24 Cal.3d 890, 157 Cal.Rptr. 693] Punitive damages are recoverable against drunk drivers (obviously, a drunk driver does not know the specific identity of his or her victim). [Taylor v. Super.Ct. (Stille), supra]

So, my friend, not only are you going to get socked for the criminal charges, but you're also going to be spending a lifetime paying off the judgment that you'll get against you.

You might want to think about jumping into one of those volcanoes - - because that's the only thing that's going to save you from your legal misery.

IAAL

Last edited by I AM ALWAYS LIABLE; 09-01-2003 at 02:19 PM.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:52 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.