not driving

What is the name of your state? South Dakota. my friend was driving my car because i was to wasted to drive. He saw a car coming behind us and got out and in the back seat behind me(i was in the passenger seat passed out)before the car got there. The car was a cop. When he searched me i had the spare keys in my pocket,since i had a key that would start the car i got the dui. the cop said it gave me possesion of the vehicle. My friend never said he was driveing and the cop never took a statement from him or a brethelizer or blood. what should i do. Is there any chance to get out of it. What if i say he was driving. I go to court on 4-27 for my prelim. This would be my first dui

You will require the services of a good DUI attorney, hire one soon. Your case is going to be too complicated to be answered in these forums. The take a baseball bat and whack your so called friend a few times.

Hold on, pull my other leg too....

Pete Zipper said:

What is the name of your state? South Dakota. my friend was driving my car because i was to wasted to drive. He saw a car coming behind us and got out and in the back seat behind me(i was in the passenger seat passed out)before the car got there. The car was a cop. When he searched me i had the spare keys in my pocket,since i had a key that would start the car i got the dui. the cop said it gave me possesion of the vehicle. My friend never said he was driveing and the cop never took a statement from him or a brethelizer or blood. what should i do. Is there any chance to get out of it. What if i say he was driving. I go to court on 4-27 for my prelim. This would be my first dui

Click to expand...

And so the cop didn't find the main keys to the car in the ignition? Or in your friend's pocket?
What did your friend do, throw them in the field???
The cop never saw your friend:
1. stop the car
2. get out of the front seat
3. get in the back seat
This story is too fantastic......

IAAL, where are you???

panzertanker said:

And so the cop didn't find the main keys to the car in the ignition? Or in your friend's pocket?
What did your friend do, throw them in the field???
The cop never saw your friend:
1. stop the car
2. get out of the front seat
3. get in the back seat
This story is too fantastic......

IAAL, where are you???

Click to expand...

Ahhhhhh Todd,
Why's ya have to rain on his parade?

Yeah!

panzertanker said:

And so the cop didn't find the main keys to the car in the ignition? Or in your friend's pocket?
What did your friend do, throw them in the field???
The cop never saw your friend:
1. stop the car
2. get out of the front seat
3. get in the back seat
This story is too fantastic......

IAAL, where are you???

Click to expand...

I was enjoying this little fantasy... It was dark out and a new moon...Sheesh... must you rain on everyones parade...

ENASNI said:

I was enjoying this little fantasy... It was dark out and a new moon...Sheesh... must you rain on everyones parade...

Click to expand...

I have decided to "remove the basket so that the light may be seen"
All day today....
I am also on the look-out for a thread to use the word:
discombobulated
AND
proboscis

If you find a thread that will work for me, let me know!!!!
lol

panzertanker said:

I have decided to "remove the basket so that the light may be seen"
All day today....
I am also on the look-out for a thread to use the word:
discombobulated
AND
proboscis

If you find a thread that will work for me, let me know!!!!
lol

Click to expand...

WOW!!!
Ooooooh Oooooooh!
https://forum.freeadvice.com/showthread.php?t=240060
You can tell OP that she is biting off her PROBOSCIS to spite her face
I too discombobulated to keep up with the dance, can you cut in?

rmet4nzkx said:

WOW!!!
Ooooooh Oooooooh!
https://forum.freeadvice.com/showthread.php?t=240060
You can tell OP that she is biting off her PROBOSCIS to spite her face
I too discombobulated to keep up with the dance, can you cut in?

Click to expand...

HA!!! WOW!!!!

I got discombobulated in once, discombobulating in once, and proboscis in twice!!!!

BTW, anybody seen my keys?????

I seem to only have the spare set here......
And where is BB??? He looking down at us, in a discombobulated state, wondering if his proboscis will grow when he tells lies?

panzertanker said:

HA!!! WOW!!!!

I got discombobulated in once, discombobulating in once, and proboscis in twice!!!!

BTW, anybody seen my keys?????

I seem to only have the spare set here......
And where is BB??? He looking down at us, in a discombobulated state, wondering if his proboscis will grow when he tells lies?

Click to expand...

Thanks! BB seems to grace our forum a thread at a time and then flutters off to another, discombobulating!

Pete Zipper said:

What is the name of your state? South Dakota. my friend was driving my car because i was to wasted to drive. He saw a car coming behind us and got out and in the back seat behind me(i was in the passenger seat passed out)before the car got there. The car was a cop. When he searched me i had the spare keys in my pocket,since i had a key that would start the car i got the dui. the cop said it gave me possesion of the vehicle. My friend never said he was driveing and the cop never took a statement from him or a brethelizer or blood. what should i do. Is there any chance to get out of it. What if i say he was driving. I go to court on 4-27 for my prelim. This would be my first dui

Click to expand...

The "phanthom driver" story is an old one (see my five never to be used stories below):

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Other people may give you other advice; stand by.

true story

the key that was in the ignition was on the floor under the seat the cop never even searched the vehicle to find it he just looked in and said it looked fine. The cop never seen the driver get out because the driver saw the lights of the car turn down the road about a mile and a half back thats when he stopped the car and got in the back seat. Mind u i was past out in the passenger seat in front the cop had to wake me up. The driver in the back seat behind me awake when the cop came to the car. wouldnt comin sense tell u that the person awake was driving. or not. this story sounds far fetched but it is true. thanx troubled in south dakota

Pete Zipper said:

the key that was in the ignition was on the floor under the seat the cop never even searched the vehicle to find it he just looked in and said it looked fine. The cop never seen the driver get out because the driver saw the lights of the car turn down the road about a mile and a half back thats when he stopped the car and got in the back seat. Mind u i was past out in the passenger seat in front the cop had to wake me up. The driver in the back seat behind me awake when the cop came to the car. wouldnt comin sense tell u that the person awake was driving. or not. this story sounds far fetched but it is true. thanx troubled in south dakota

Click to expand...

So the cop sees your car flying down the street, stops it 1 min later and finds you asleep in the passenger seat and a second person sitting in the back seat wide awake and not saying anything?????
First of all, get a lawyer.
Second, you shouldn't be calling that other person a "friend".

BigMistakeFl

Here in Florida, the keys have to be in the ignition for DUI. As another poster said, yours it complex. This is a case where I would advise hiring an attorney. It will cost you thousands to do that, so do make sure your story is correct and consistent.

You did the right thing by not driving whilst drunk, but your friend must not have been much better off than you were. It's hard to make a good decision when you're drinking. Make a plan next time BEFORE you leave your house if you are going anywhere that alcohol might be served. Make a plan, and stick to it, and have a backup too.

One more piece of advice: Find new friends

crazy huh

my next trial date is may the 25 wish me luck. oh yeah that so called friend that was driving yeah i also work with him every day on his uncles farm!!!!!!!!! so yeah im kind of in a sticky situation. it wasnt like the cop came up on us and turn his lights on the driver seen him about 1 1/2 to 2 miles back . we were on a minumum mantinence road (just a path and a whole lot of grass) no gravel no pavement. So he just stop the car and got in the back seat. Thats why the cop never seen him get out. the cop said he was about 1 mi down the road to the south faceing the highway that runs east and west we were headed west and the cop sap said he seen us in his rear view mirror thats when he came our way. so really he never seen anybody drive or the car stop or anything. when he came back a mile then turned down the road and came another mile and a half we were just sitting there. Me past out and the driver in the back seat. I know i wont get all my answers here but thanx for the advice I am getting a lawyer and trying to get the driver to come to court and say he was driving. Maybe hell be alright because the never took a statement from him or a breathilizer or blood nothing. so anyways wish me luck goosfabaaa

BigMistakeFl

You may lose your "friend" over this. Once you get your lawyer going on this, he'll tell you that your friend need not be a willing witness. He can be subpoenaed to testify and will be sworn under oath. He would be wise to come and speak with the lawyer before hand so he too will know his rights and what, if anything, can happen to him as a result.

Anyway, with or without his consent, your car's driver can be at your trial.