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

[CdwJava]

And the drinking AFTER the collision story is one the police and prosecutors hear all the time. It is most often a fairy tale, but, there is rarely any opportunity to objectively prove it is a fairy tale, so it usually stands at least to provide reasonable doubt. So, even though the police likely don't buy the story (I probably wouldn't), it won't matter because it would be possible and to a jury that might be sufficient reasonable doubt. That and the apparent time delay may be sufficient to convince a prosecutor not to pursue the matter - especially if the police report reflects all that information that you intend to provide them concerning the times.

 

[Ohiogal]

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??

It so MINOR that you were SHAKEN to the point that you started taking shots? Nice lie.

 

[Ohiogal]

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.

If she was not worried then why was she SO SHAKEN that she immediately started taking shots once she got home after barely lightly side swiping someone? You are buying this bunch of malarkey?

 

[luvlylady1981]

It so MINOR that you were SHAKEN to the point that you started taking shots? Nice lie.

I'm not lying and yes I was upset because I have a $2500 deductible on my car insurance and I can't afford to pay to fix the damage to my car right now.. The cops showed up 2 HOURS AFTER the accident and I have PROOF so you can think what you want!! I'm allowed to drink as much as I want IN MY HOME!

 

[luvlylady1981]

If she was not worried then why was she SO SHAKEN that she immediately started taking shots once she got home after barely lightly side swiping someone? You are buying this bunch of malarkey?

And obviously I do drink because I had the alcohol already at home obviously! The fact is that I was drinking for almost 2 hours AT HOME before the police showed up. NOT when the accident occurred. And that's a FACT not someone's OPINION!!

 

[quincy]

If she was not worried then why was she SO SHAKEN that she immediately started taking shots once she got home after barely lightly side swiping someone? You are buying this bunch of malarkey?

I think I said earlier that the story of drinking the schnapps after the accident might not sound all that believable to the police when compared to the other driver's story.

And the time line as described seems a bit off to me, not that I don't believe drinking 99 proof alcohol won't knock a person out pretty quickly if more than a little is consumed.

That said, I agree with CdwJava that it can be difficult to support a drunk driving offense if the alleged drunk driver has been at home and off the road for awhile. Therefore, I tend to think the charge might be dismissed and the real problem could come from the other driver (who might suddenly discover aches and pains requiring costly medical treatment and additional damage to his car that was not reported earlier).

 

[luvlylady1981]

I think I said earlier that the story of drinking the schnapps after the accident might not sound all that believable to the police when compared to the other driver's story.

And the time line as described seems a bit off to me, not that I don't believe drinking 99 proof alcohol won't knock a person out pretty quickly if more than a little is consumed.

That said, I agree with CdwJava that it can be difficult to support a drunk driving offense if the alleged drunk driver has been at home and off the road for awhile. Therefore, I tend to think the charge might be dismissed and the real problem could come from the other driver (who might suddenly discover aches and pains requiring costly medical treatment and additional damage to his car that was not reported earlier).

Thank you. I understand that the story isn't totally believable but it really is what happened but regardless I don't care who believes it or not my question is if I have a case LEGALLY. The other driver called the police at 5am pretending the accident had JUST occurred and he was at my house with the police at 5:07am (he lives close by). Now I see why the cops assumed that the accident had just occurred. I didn't know at the time until I looked at the paperwork the next day and seen that they put 5AM as the time of the accident that they did not have their facts straight. I called and spoke to the lieutenant and he was surprised himself that the accident happened earlier. He told me he listened to the call and the driver reported it as it had just happened and I explained to him I have proof it happened earlier. The police already took photos of the cars and spoke to the other driver and he told them he was fine because he was at my house at 5am, the same time the police came. He came back after the fact pretending it had just happened.

 

[quincy]

Thank you. I understand that the story isn't totally believable but it really is what happened but regardless I don't care who believes it or not my question is if I have a case LEGALLY. The other driver called the police at 5am pretending the accident had JUST occurred and he was at my house with the police at 5:07am (he lives close by). Now I see why the cops assumed that the accident had just occurred. I didn't know at the time until I looked at the paperwork the next day and seen that they put 5AM as the time of the accident that they did not have their facts straight. I called and spoke to the lieutenant and he was surprised himself that the accident happened earlier. He told me he listened to the call and the driver reported it as it had just happened and I explained to him I have proof it happened earlier. The police already took photos of the cars and spoke to the other driver and he told them he was fine because he was at my house at 5am, the same time the police came. He came back after the fact pretending it had just happened.

I can only suggest that you hire an attorney to present your facts, should the prosecutor decide to pursue the charge against you.

With car accidents - even seemingly minor ones - injuries might not show up immediately. Car damage might be more extensive than photos indicate. I would not necessarily trust that the driver you hit won't make inflated claims.

Good luck.

 

[luvlylady1981]

I can only suggest that you hire an attorney to present your facts, should the prosecutor decide to pursue the charge against you.

With car accidents - even seemingly minor ones - injuries might not show up immediately. Car damage might be more extensive than photos indicate. I would not necessarily trust that the driver you hit won't make inflated claims.

Good luck.

Thank you

 

[quincy]

Thank you

You're welcome, luvlylady1981. I appreciate the thanks.

Good luck.

 

[Mass_Shyster]

And just to add I have already been discussing with an attorney

That was the smartest thing you've done so far.

and I called and spoke to the lieutenant in charge and explained the situation

And that may have been the dumbest thing you've done so far.

Talk to nobody but your attorney

 

[adjusterjack]

If she was not worried then why was she SO SHAKEN that she immediately started taking shots once she got home after barely lightly side swiping someone?

Because she's an alcoholic.

Doesn't take much to get an alcoholic to start boozing.

 

[luvlylady1981]

Because she's an alcoholic.

Doesn't take much to get an alcoholic to start boozing.

Possibly true but it's not illegal to be an alcoholic.. That's a whole other issue.

 

[luvlylady1981]

That was the smartest thing you've done so far.

And that may have been the dumbest thing you've done so far.

Talk to nobody but your attorney

If I didn't call the lieutenant I would have NEVER knew the reason they came to my house thinking that the accident had JUST occurred.

 

[Mass_Shyster]

If I didn't call the lieutenant I would have NEVER knew the reason they came to my house thinking that the accident had JUST occurred.

Oh, your lawyer would have figured it out eventually.