wrong place worng time

[jtfranson]

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

Ok so last night i was driving and this guy clipped my back bumper. So i pull over and we talk and decide to drive to my house since it was my parents car and im 18.. 45 mins after the accident the police get there and then the guy that had hit me actualy goes up to the cop and tells him he thinks im drunk. So next thing i kno im blowing into a sensor and i blew a .086. Now my question is how well will this hold up in court since the cop didnt pull me over or even see me driving. I didnt say anything incriminating either.

 

[QuadNutGin]

I had a friend here in PA that had something similar, although he was 21. Because he was intoxicated, the accident was found to be his fault, even though the other guy ran a stop sign. They drove to a gas station I think to get their cars off the road and call police. By then he was out of the car, but the breathalyzer stood against him.

 

[Peligroso27]

You are going to be found guilty of DUI and be at fault for your accident. The officer did not see you drive but I am sure the other driver has already submitted a statement saying he saw you driving.

 

[CdwJava]

Ok so last night i was driving and this guy clipped my back bumper. So i pull over and we talk and decide to drive to my house since it was my parents car and im 18.. 45 mins after the accident the police get there and then the guy that had hit me actualy goes up to the cop and tells him he thinks im drunk. So next thing i kno im blowing into a sensor and i blew a .086. Now my question is how well will this hold up in court since the cop didnt pull me over or even see me driving. I didnt say anything incriminating either.

The other driver witnessed you driving, so the element of driving is complete. Then, the state must show either impairment, or, that you had a BAC of .08 or greater ... that element appears to have been met.

When you were arrested, did you opt for a blood test or a breath test at the station/jail? What was the result of THAT test? (If blood, it won't be back for some time)

So, unless the blow into the field device is ruled as inadmissible (and it is simply a field sobriety test and the officer should have advised you that it was optional or you had a right to refuse that field breath test), then there is the probable cause necessary to make the arrest.

Since everyone had left the scene, it is quite possible that no official cause of the collision will be able to be made, so you may not be held accountable for the collision. But, that will depend on other details.

Consult local counsel.

- Carl

 

[jtfranson]

ok but i told the police officers that when i came home i began drinking and that i was not under the influence at the time of the accident.

 

[BigMistakeFl]

Interesting

So you admitted drinking and you are a minor, but not at the time you drove. Again, witnesses may claim otherwise.

One lesson is, never leave the scene of an accident. Pulling over out of traffic on a freeway is ok, but not leaving altogether. My wife was in a fender bender, saw no damage to her car, and agreed to leave without reporting it to the police. It rained heavily about a week later and guess what? Her trunk was filled with water.

 

[CdwJava]

ok but i told the police officers that when i came home i began drinking and that i was not under the influence at the time of the accident.

Okay ... so, the other driver will testify that you exited your car, ran inside, and in the span of a few minutes downed some liquor or beer?

It takes a little time for the alcohol to enter your blood stream. How long were you inside or n the yard quaffing booze before the cops got there? Did anyone SEE you slamming a few back before the cops got there?

In any event, you are free to make this claim as a defense at trial .. hopefully (for you) you can substantiate it, and, at least half an hour passed between the time you started drinking at home and the officers showed up.

In any event, you are under age and driving with ANY alcohol in your system is a violation of the law. Unless you successfully argue that you tossed back almost 5 bottles or shots in the time between you arrived at home and the officers tested you at .08+, you will be held accountable for AT LEAST the underage charge of CVC 23140 or the lesser offense of CVC 23136.

- Carl

 

[jtfranson]

Ok so my chances arent the greatest. and i got one more question i overheard the police saying since my bac was .08 that my dui would get lowered to a wet and wreckless. I was wondering what the differences are between the two?

 

[Peligroso27]

Shorter Probation. The period of probation may be shorter for a wet reckless. A DUI conviction usually carries 3 to 5 years probation; whereas a wet reckless conviction may carry only 1 or 2 years probation.

Lesser Potential Jail Time. A violation of first-offense DUI probation can result in up to 180 days county jail. With a violation of reckless driving probation, it's a maximum of 90 days.

Lesser Fine. The fine may be substantially lower. The minimum fine for a DUI (including the court-imposed penalty assessment) usually starts at around $1500. A wet reckless does not carry a minimum fine. Often the fine imposed for a wet reckless is about half of what the DUI fine would be.

Shorter Alcohol Program. With a wet reckless, the court may impose only a 12-hour alcohol program, or no program at all. With a DUI, the court must impose at least a 90 day alcohol program (essentially 24 hours of class time).

No license Restriction. A DUI conviction requires the court to impose at least a 90 day drivers license restriction (meaning you can only drive to and from work and the alcohol program). But with a wet reckless plea, the court is not required to impose a restriction.

But you will still have these consequences:

Priorability. If you plead to a wet reckless, and you suffer a DUI conviction during the following ten years, the court will still treat the wet reckless as a prior DUI conviction and sentence you accordingly.

Insurance. Most insurance companies regard a wet reckless as equivalent to a DUI in determining premium hikes and whether to cancel the insured.

DMV Suspension Still Imposed. The DMV license suspension that may result from the DUI arrest is not removed by a reduction of the charge to a wet reckless.

You will still get two points on your DL as well.

 

[41tellthetruth]

Nice try.....

In my department we refer to the defense your offering as the "Big Gulp Theory". This leads me to believe this isn't the first time you've driven drunk, and you've thought about what you would do if you were caught.

 

[BigMistakeFl]

Driving Impaired

It's a fairly safe assumption that those arrested for DUI have probably driven after consuming alcohol many times. It was only a matter of time before each of us was caught. Most of us don't admit it, claim that we never do that, but most of us had.

 

[TheDude1427]

The officer is in the right. In my field, we're told to contact the police if we know someone comes to our establishment drunk via driving themselves. The vehicle itself at our location is proof enough that they were drinking and driving which is enough for NJPD to issue a DWI or DUI.


Get a lawyer (or Public Defender) and plead your balls off for the DUI to be reduced to Underage Drinking. The repercussions of an Under-Age drinking charge are simply laughable when compared to a DUI. No jail time, only 30 loss of DL etc etc

As far as your acciddent goes, I have no idea but the people opining above me seem pretty knowledgible. I wouldnt expect this situation to work out in your best interests though.

Best of luck.

 

[TheDude1427]

It's a fairly safe assumption that those arrested for DUI have probably driven after consuming alcohol many times. It was only a matter of time before each of us was caught. Most of us don't admit it, claim that we never do that, but most of us had.

-------------- Win.