Can this DUI be thrown out?

[danny99]

In PA. I pulled over for a minute and when pulling back out got stuck on a curb. I was going to walk home for the night so I took my pint of whisky and walked a half mile up the road drinking the whole way. Then turning around I saw an ambulance at my car. So, I sat and thought about it, drank some more and walked back drinking along the way. Then I put my almost empty bottle and keys by a tree. I told the people there it would have to be towed. Along came the State Police and gave me a DUI. Should I fight it? What are my chances?

 

[Ohiogal]

In PA. I pulled over for a minute and when pulling back out got stuck on a curb. I was going to walk home for the night so I took my pint of whisky and walked a half mile up the road drinking the whole way. Then turning around I saw an ambulance at my car. So, I sat and thought about it, drank some more and walked back drinking along the way. Then I put my almost empty bottle and keys by a tree. I told the people there it would have to be towed. Along came the State Police and gave me a DUI. Should I fight it? What are my chances?

So you had an open bottle of whiskey in your car. YOu were drinking it while walking. And think that sounds like a great reason not to get a DUI?

 

[swalsh411]

It will not be "thrown out". I can guaruntee you that. Best case if you have a lot of money for an attorney and want to take it all the way to a jury and convince them that all your drinking was after your car got stuck. Good luck.

Is this your first DUI? The PA ARD program isn't too bad compared to some other States.

You drank an entire pint straight? I think you have a drinking problem.

 

[Mass_Shyster]

It will not be "thrown out". I can guaruntee you that.

I'm always amazed at the differences between states. In Mass, this would be thrown out by the court clerk, assuming the police report matches the story told.

 

[HighwayMan]

I'm always amazed at the differences between states. In Mass, this would be thrown out by the court clerk...

Yeah... around here only a judge can do that.

 

[danny99]

So you had an open bottle of whiskey in your car. YOu were drinking it while walking. And think that sounds like a great reason not to get a DUI?

I had 1 shot at a friends house. I worked late and he picked it up for me.

 

[danny99]

It will not be "thrown out". I can guaruntee you that. Best case if you have a lot of money for an attorney and want to take it all the way to a jury and convince them that all your drinking was after your car got stuck. Good luck.

Is this your first DUI? The PA ARD program isn't too bad compared to some other States.

You drank an entire pint straight? I think you have a drinking problem.

Not the whole pint. But enough. About 30 min went by before anyone showed up. I should have just kept walking

 

[Ohiogal]

I had 1 shot at a friends house. I worked late and he picked it up for me.

Then keep your mouth shut. They have to prove the allegations.