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appeal or not

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mary513

Junior Member
What is the name of your state? PA

I was in a car accident with my car. I attended a party that involved alcohol. I was sleeping in the back of my car when my friend asked to drive it. I agreed and continued to sleep in the back of the car. Needless to say, we had an accident but there were no serious injuries. The cop did not breathalyze nor blood test me. My friend, who went to the hospital to get checked out was blood tested and was DUI. I am being taken to court on charges of uderage drinking. On my first court appearance, the cop never showed. The judge demanded a continuance as she said that I knew how to come to that area to drink. So, here I go again back to court. My lawyer asked for a plea down from the cop who agreed to a discorderly conduct but, the judge won't accept it. She has a very tough reputation. My question is if I lose, what are my chances to win on an appeal since there is no physical evidence? Will this affect my car insurance irates f my license is suspended?
 


seniorjudge

Senior Member
Q: My question is if I lose, what are my chances to win on an appeal since there is no physical evidence?

A: There is physical evidence. The cop is an expert witness and will testify that you reeked of the drug. In any event, an appeal of a trial will only be successful if there is a legal error on the part of the trial court judge. A reversal based on "weak evidence" rarely happens.


Q: Will this affect my car insurance irates f my license is suspended?

A: Yes; the rates will skyrocket. Better get a second job to pay for your car and insurance.
 

mary513

Junior Member
Just because someone reeks of booze, it doesn't make them guilty. A judge seems to have prjuidced the case by making her judgement before she heard any evidence. Do we live in America or Iraq?
 

seniorjudge

Senior Member
mary513 said:
Just because someone reeks of booze, it doesn't make them guilty. A judge seems to have prjuidced the case by making her judgement before she heard any evidence. Do we live in America or Iraq?
Yes, that's all the cops need for underage: reeking and your actions and appearance.

You are certainly free to move to Iraq.
 

mary513

Junior Member
I'll keep that in mind...shouldn't be able to be convicted without evidence..they ahd the opportunity to get the evidence..but failed to do so..
 

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