Arrested after being home for 2 hours after MINOR accident! (SORRY LONG)

[luvlylady1981]

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

Around 3 am I drove a few blocks to the store for some cigarettes and on my way back it was dark and as I turned the corner to the street of my home I turned a little too sharply and (lightly) side swiped a truck with my front headlight that I didn't see coming. I got of the car and spoke to the guy I hit and asked him to call my boyfriend. He left my boyfriend a voicemail (at 3:33 am) advising him of the accident and then I asked him to just follow me home down the street. We exchanged information he left and everything was taken care of I thought.

I was shaken up and AFTER I returned home I started taking shots AT HOME AFTER this all occurred. I finally fell asleep around 4:45 am and then at 5:07 am the police come knocking at my door asking to speak with me. My boyfriend woke me up. I had been drinking a lot by that time and was just woken up, disoriented and I went outside in my pajamas and barefoot and they proceeded to do a sobriety test like they had just pulled me over.

My boyfriend tried to explain to the police what happened but they would not even listen to him and made him go inside and took me across the street and I cooperated and failed the sobriety test. I honestly really didn't comprehend what was happening a the time and they wouldn't listen to my boyfriend when he tried to tell them that I had been home the last few hours. (Come to find out later the guy that I got in the accident with called at 5am pretending the accident had JUST happened). THANKFULLY have PROOF through voicemails and texts that it occurred around 3:20 am.

Also, all of the paperwork and the tickets state that I was driving the vehicle at 5AM which is COMPLETELY false. The cops just ASSUMED by the phone call they received that the accident occurred at 5 and never gave us a chance to explain.

They arrested me and took me to the police station. Around 6am I refused blood test for one because it was 3 hours after the accident and irrelevant since I had been drinking at HOME and I knew it would not be accurate. So now they also confiscated my license for refusal of the blood test. It states on the back of the Express consent affidavit that if my lack of cooperation prevents the test to be completed within 2 hours of driving that I will be deemed to have refused testing but it had already been almost 3 hours after driving and I had been drinking at HOME since that time regardless!

Do you think I can easily beat this??

 

[quincy]

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

Around 3 am I drove a few blocks to the store for some cigarettes and on my way back it was dark and as I turned the corner to the street of my home I turned a little too sharply and (lightly) side swiped a truck with my front headlight that I didn't see coming. I got of the car and spoke to the guy I hit and asked him to call my boyfriend. He left my boyfriend a voicemail (at 3:33 am) advising him of the accident and then I asked him to just follow me home down the street. We exchanged information he left and everything was taken care of I thought.

I was shaken up and AFTER I returned home I started taking shots AT HOME AFTER this all occurred. I finally fell asleep around 4:45 am and then at 5:07 am the police come knocking at my door asking to speak with me. My boyfriend woke me up. I had been drinking a lot by that time and was just woken up, disoriented and I went outside in my pajamas and barefoot and they proceeded to do a sobriety test like they had just pulled me over.

My boyfriend tried to explain to the police what happened but they would not even listen to him and made him go inside and took me across the street and I cooperated and failed the sobriety test. I honestly really didn't comprehend what was happening a the time and they wouldn't listen to my boyfriend when he tried to tell them that I had been home the last few hours. (Come to find out later the guy that I got in the accident with called at 5am pretending the accident had JUST happened). THANKFULLY have PROOF through voicemails and texts that it occurred around 3:20 am.

Also, all of the paperwork and the tickets state that I was driving the vehicle at 5AM which is COMPLETELY false. The cops just ASSUMED by the phone call they received that the accident occurred at 5 and never gave us a chance to explain.

They arrested me and took me to the police station. Around 6am I refused blood test for one because it was 3 hours after the accident and irrelevant since I had been drinking at HOME and I knew it would not be accurate. So now they also confiscated my license for refusal of the blood test. It states on the back of the Express consent affidavit that if my lack of cooperation prevents the test to be completed within 2 hours of driving that I will be deemed to have refused testing but it had already been almost 3 hours after driving and I had been drinking at HOME since that time regardless!

Do you think I can easily beat this??

Possibly. But not without the help of a criminal defense attorney.

You should have called the police at the time of the accident.

Good luck.

 

[CdwJava]

If you "failed" the SFST after you had been home for an hour, those must have been some pretty numerous or hefty shots!

The thing going in your favor is that after being home for a while, the state will have a hard time disproving the "I drank at home, not before the crash" tale. The state's case is further complicated by a lack of a chemical test.

What is going against you will be the observations of the officers, statements from the witness who called them (who may well state that you were slurring speech and smelled of alcohol), and your refusal to submit to a test (which might be seen as consciousness of guilt).

While making a case against you for DUI may be slim, the refusal to submit to the test will likely result in the suspension remaining. A suspension for a refusal is not dependent upon a successful criminal prosecution.

Be certain to consult an attorney who specializes in DUI prosecutions, and be prepared to spend a lot of money in order to fight this. It will be an expensive lesson.

 

[luvlylady1981]

If you "failed" the SFST after you had been home for an hour, those must have been some pretty numerous or hefty shots!

The thing going in your favor is that after being home for a while, the state will have a hard time disproving the "I drank at home, not before the crash" tale. The state's case is further complicated by a lack of a chemical test.

What is going against you will be the observations of the officers, statements from the witness who called them (who may well state that you were slurring speech and smelled of alcohol), and your refusal to submit to a test (which might be seen as consciousness of guilt).

While making a case against you for DUI may be slim, the refusal to submit to the test will likely result in the suspension remaining. A suspension for a refusal is not dependent upon a successful criminal prosecution.

Be certain to consult an attorney who specializes in DUI prosecutions, and be prepared to spend a lot of money in order to fight this. It will be an expensive lesson.

It was 99 oranges which is 99 proof and it was 2 hours after the accident. The test wasn't requested until 3 hours after the accident and I had already admitted I was drinking for the past 2 hours. I wasn't going to agree to a completely inaccurate test.

 

[luvlylady1981]

Possibly. But not without the help of a criminal defense attorney.

You should have called the police at the time of the accident.

Good luck.

I wasn't aware I would have to call the police for a VERY minor accident.. I wasn't going fast since I was just turning into my neighborhood and turned and barely "dinged" the guy with the corner of my headlight. I thought as long as I gave my insurance information to the guy that was enough.

 

[luvlylady1981]

It was 99 oranges which is 99 proof and it was 2 hours after the accident. The test wasn't requested until 3 hours after the accident and I had already admitted I was drinking for the past 2 hours. I wasn't going to agree to a completely inaccurate test.

The ticket also states that the test has to be taken within 2 hours. It was 3 hours after the accident and it wasn't due to my lack of cooperation.

 

[quincy]

I wasn't aware I would have to call the police for a VERY minor accident.. I wasn't going fast since I was just turning into my neighborhood and turned and barely "dinged" the guy with the corner of my headlight. I thought as long as I gave my insurance information to the guy that was enough.

Very minor accidents can become very major injury accidents in the telling of it to the police, if the police are not called to the scene of the accident when both parties are present.

In addition, your story of drinking AFTER the accident might not be all that believable when compared to the tale told to the police by the other party.

At any rate, you will want to consult with an attorney in your area. It is possible that charges could be dropped but you also have to worry about any accident claim pursued against you.

Good luck.

 

[luvlylady1981]

Very minor accidents can become very major injury accidents in the telling of it to the police, if the police are not called to the scene of the accident when both parties are present.

In addition, your story of drinking AFTER the accident might not be all that believable when compared to the tale told to the police by the other party.

At any rate, you will want to consult with an attorney in your area. It is possible that charges could be dropped but you also have to worry about any accident claim pursued against you.

Good luck.

Ok, well I'm not worried about what the other party told the police because I wasn't drunk at the time of the accident. He also told the police that there were no injuries and he texted my boyfriend to let him know that the police were on their way because my insurance company told him to call. I've never been in any accident before and honestly we both thought we could just exchange information. Lesson learned....

 

[quincy]

Ok, well I'm not worried about what the other party told the police because I wasn't drunk at the time of the accident. He also told the police that there were no injuries and he texted my boyfriend to let him know that the police were on their way because my insurance company told him to call. I've never been in any accident before and honestly we both thought we could just exchange information. Lesson learned....

Well, if you are not worried, there is not much to tell you.

I am impressed that your insurer responded so rapidly to the early morning call by the other party.

Good luck, luvlylady1981.

 

[HRZ]

PS..you may think you have a bulletproof fact pattern as to time sequences of the major steps and calls but I strongly suggest you get a defense attorney who specializes in DUI matters ....you risk snatching defeat out of jaws of victory wo a good attorney .

 

[luvlylady1981]

Well, if you are not worried, there is not much to tell you.

I am impressed that your insurer responded so rapidly to the early morning call by the other party.

Good luck, luvlylady1981.

I'm not worried about what the other party told the police but I WAS CLEARLY drunk when the police arrived but I truly did drink a LOT AT HOME after the accident. I never thought about the police being called and I didn't bother calling when the accident happened because I accepted that it was my fault so if anything I would think it was the other party's responsibility to call if he felt he needed to.

Anyways.. Thanks for your input.

 

[luvlylady1981]

I'm not worried about what the other party told the police but I WAS CLEARLY drunk when the police arrived but I truly did drink a LOT AT HOME after the accident. I never thought about the police being called and I didn't bother calling when the accident happened because I accepted that it was my fault so if anything I would think it was the other party's responsibility to call if he felt he needed to.

Anyways.. Thanks for your input.

And just to add I have already been discussing with an attorney and I called and spoke to the lieutenant in charge and explained the situation and he requested that I go in and let them hear the voicemails and show them the texts proving that the accident happened earlier. They honestly thought that the accident had JUST happened when they came to my house. He said they can add that information to the report so I'm hoping it will help.

 

[luvlylady1981]

And just to add I have already been discussing with an attorney and I called and spoke to the lieutenant in charge and explained the situation and he requested that I go in and let them hear the voicemails and show them the texts proving that the accident happened earlier. They honestly thought that the accident had JUST happened when they came to my house. He said they can add that information to the report so I'm hoping it will help.

 

[luvlylady1981]

PS..you may think you have a bulletproof fact pattern as to time sequences of the major steps and calls but I strongly suggest you get a defense attorney who specializes in DUI matters ....you risk snatching defeat out of jaws of victory wo a good attorney .

I don't think I'm bulletproof and I am applying for a public defender. Unfortunately I can't afford a lawyer but I'm still going on consults to see what they say.

 

[CdwJava]

It was 99 oranges which is 99 proof and it was 2 hours after the accident. The test wasn't requested until 3 hours after the accident and I had already admitted I was drinking for the past 2 hours. I wasn't going to agree to a completely inaccurate test.

Unfortunately for you, the law mandates that you take a test when arrested. The place you argue the merits of the results is in court. You can still suffer the consequences of the suspension.