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

[quincy]

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.

Here is a link to a YouTube video that I strongly recommend you view. It is a lecture presented by James Duane (a law professor) on why you should never speak to the police.

https://m.youtube.com/watch?v=CkZf6_jK3Zs

You should exercise your right to remain silent and refer all questions asked of you by the police to your attorney.

 

[luvlylady1981]

Here is a link to a YouTube video that I strongly recommend you view. It is a lecture presented by James Duane (a law professor) on why you should never speak to the police.

https://m.youtube.com/watch?v=CkZf6_jK3Zs

You should exercise your right to remain silent and refer all questions asked of you by the police to your attorney.

I will watch it now! Thank you!!

 

[quincy]

I will watch it now! Thank you!!

You're welcome.

 

[CdwJava]

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

But, that status does support the belief that you had been drinking prior to the accident (I suspect that the other drive3r claimed he smelled alcohol on your breath, hence the police response for what would have been a civil issue otherwise). Not to mention the likelihood that you have driven impaired previously ... and likely will again.

Alcoholism and driving kills. Get help.

 

[quincy]

... (I suspect that the other drive3r claimed he smelled alcohol on your breath, hence the police response for what would have been a civil issue otherwise) ...

I agree that the other driver's story is what led to the police arriving at luvlylady's house at 5 am to field test.

And it will be the other driver's story that stands to be the biggest factor when it comes to criminal charges and a possible civil action. Believability will be weighed.

An attorney should be consulted.

 

[luvlylady1981]

But, that status does support the belief that you had been drinking prior to the accident (I suspect that the other drive3r claimed he smelled alcohol on your breath, hence the police response for what would have been a civil issue otherwise). Not to mention the likelihood that you have driven impaired previously ... and likely will again.

Alcoholism and driving kills. Get help.

Sorry I don't drink and drive. My boyfriend would have taken me if I was drinking.

 

[luvlylady1981]

I agree that the other driver's story is what led to the police arriving at luvlylady's house at 5 am to field test.

And it will be the other driver's story that stands to be the biggest factor when it comes to criminal charges and a possible civil action. Believability will be weighed.

An attorney should be consulted.

When I noticed they wrote 5am was the time that I was operating the vehicle on my ticket (which is COMPLETELY FALSE and I have proof) I called and spoke to the lieutenant. I was already told from the lieutenant that he listened to the call and the reason they came at 5am was because the guy pretended the accident had JUST happened and was making a report. So obviously they ASSUMED I was drinking at the time of the accident when they asked to speak with me. I didn't know at the time that they thought the accident had just occurred at that moment.

The guy was cool with us and even texted at 4:45 am that he would be coming back and had to call the police because my insurance company told him that he had to make a report. I just wasn't aware that he pretended the accident had just occurred and neither were the police.

My main issue is the refusal of the blood test but I feel I have a good reason for refusing the test being it was already almost 3 hours after the accident and I knew I had been drinking a lot before they arrived AT HOME but I guess we'll see.

 

[quincy]

When I noticed they wrote 5am was the time that I was operating the vehicle on my ticket (which is COMPLETELY FALSE and I have proof) I called and spoke to the lieutenant. I was already told from the lieutenant that he listened to the call and the reason they came at 5am was because the guy pretended the accident had JUST happened and was making a report. So obviously they ASSUMED I was drinking at the time of the accident when they asked to speak with me. I didn't know at the time that they thought the accident had just occurred at that moment.

The guy was cool with us and even texted at 4:45 am that he would be coming back and had to call the police because my insurance company told him that he had to make a report. I just wasn't aware that he pretended the accident had just occurred and neither were the police.

My main issue is the refusal of the blood test but I feel I have a good reason for refusing the test being it was already almost 3 hours after the accident and I knew I had been drinking a lot before they arrived AT HOME but I guess we'll see.

I think I understand what you are saying happened. I believe you have a good chance of having any drunk driving charge dismissed. I don't think there is enough proof that you were driving intoxicated.

That said, there is apparently another story of the incident being told. That is worrisome. Your story is, quite frankly, not all that believable, true as it may be. When the police arrived at your house, you appeared drunk. And you admitted drinking. Timing will play a role.

Although I suspect your license will be suspended for refusing to test, I think your refusal to test was probably smart. It gives the prosecutor less to work with.

Again, say nothing to the police (or anything additional to your boyfriend, aa he could be an unwilling witness against you). Find an attorney, and speak only to the attorney, especially if you are charged or sued.

Good luck.

 

[luvlylady1981]

I think I understand what you are saying happened. I believe you have a good chance of having any drunk driving charge dismissed. I don't think there is enough proof that you were driving intoxicated.

That said, there is apparently another story of the incident being told. That is worrisome. Your story is, quite frankly, not all that believable, true as it may be. When the police arrived at your house, you appeared drunk. And you admitted drinking. Timing will play a role.

Although I suspect your license will be suspended for refusing to test, I think your refusal to test was probably smart. It gives the prosecutor less to work with.

Again, say nothing to the police (or anything additional to your boyfriend, aa he could be an unwilling witness against you). Find an attorney, and speak only to the attorney, especially if you are charged or sued.

Good luck.

Thanks again!

 

[quincy]

Thanks again!

You're welcome.

Good luck.

 

[lawyerlucia]

Thanks again!

I think I understand what you are saying happened. I believe you have a good chance of having any drunk driving charge dismissed. I don't think there is enough proof that you were driving intoxicated.

That said, there is apparently another story of the incident being told. That is worrisome. Your story is, quite frankly, not all that believable, true as it may be. When the police arrived at your house, you appeared drunk. And you admitted drinking. Timing will play a role.

Although I suspect your license will be suspended for refusing to test, I think your refusal to test was probably smart. It gives the prosecutor less to work with.

Again, say nothing to the police (or anything additional to your boyfriend, aa he could be an unwilling witness against you). Find an attorney, and speak only to the attorney, especially if you are charged or sued.

Good luck.

Pretty good tips. +1. Get an attorney and don´t say nothing to the police. Best of luck

 

[quincy]

Pretty good tips. +1. Get an attorney and don´t say nothing to the police. Best of luck

Thanks for the +1, lucia.

As a note, your post has been reported so you can have your credentials verified by the administrators of this site. I have quoted it above.

And you might want to read the IMPORTANT NOTICE at the bottom of this (and every) page. Thanks.

 

[luvlylady1981]

Thanks for the +1, lucia.

As a note, your post has been reported so you can have your credentials verified by the administrators of this site. I have quoted it above.

And you might want to read the IMPORTANT NOTICE at the bottom of this (and every) page. Thanks.

Thanks... The arresting officer keeps calling me.. I think because he knows he messed up. They want me to show them the texts and calls I have that prove the accident happened earlier.. Should I just tell him I was advised not to discuss anything further with him? He's called me 3 times now..

 

[luvlylady1981]

I have an appointment with an athorny on monday

 

[luvlylady1981]

I have an appointment with an attorney on monday

QUOTE=luvlylady1981;3507547]I have an appointment with an attorney on monday [/QUOTE]