• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I need to engage legal representation in this case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

commentator

Senior Member
Frankly, if she couldn't walk a line in flip-flops, I'd question whether it was wise for her to be driving in them, either. Being close to her age, I avoid them like poison. I doubt if the woman is able to represent herself adequately and I have a feeling that the husband doesn't much understand the process. That she has a pristine driving record for the past 35 years isn't going to be much help, as that could be interpreted as "not been caught." Or having just started drinking and driving. In DUI matters, it has been my observation that having an attorney is a great improver of your chances of not being charged. The court tends to try, in my opinion, to support whatever the arresting officer has determined. They don't like to tell them they're wrong about whether someone was or was not impaired. As we have established, the husband is not going to get to do the talking for her. So simply going in as if this were obviously something that should be thrown out is not going to go well.
 


quincy

Senior Member
Any medication that Lot’s wife might be on could also be considered, as some prescribed drugs can affect balance.

As a note: Flip flops can catch underneath a brake or accelerator pedal and are not the best footwear for drivers.
 

Taxing Matters

Overtaxed Member
I completely agree with the recommendation of quincy and others to see a doctor for a balance problem. At whatever age, never just assume it is the consequence of aging. I know someone not yet 60 that is experiencing balance and motor control problems. According to his doctors, there are a lot of different reasons why people have this problem and it's important to get it checked out earlier rather than later no matter how old the person is. Also, the treatment of some conditions is much easier and the results are much better when caught early.

If your mother sues she can't be certain that she won't be compelled to testify by defense, known as a cross-exam. Cross examination can be very difficult either because the witness feels very uncomfortable in that setting and fears saying the wrong thing, or because opposing counsel is one of those types that do rapid fire questions that don't give the witness time to think or the opposing counsel comes across very strong or even intimidating.

For just about anyone, the first time testifying produces at least some anxiety because they don't know what to expect. One way to help that is to have her attorney go with her to one of the open courtrooms and show her what looks and explain what she'll see and hear in that courtroom. Showing her some videos of several different styles of cross examinations would help her see what kind of questioning she may. Those things won't eliminate all the anxiety and fear of the courtroom, especially for older persons who don't adapt well to new things. But it may at least quell the anxiety of having no idea what will happen.

Initial consultations with many malpractice/personal injury lawyers are free or low cost and that would give her a much better sense of how strong her case is and what to expect. She may want to consult several to find one that she's comfortable with. That's what I suggest she does first befor any further metnion of a lawsuit to others, particularly with the defendant or the defendant's representatives.

Unfortunately, with people who are quite elderly jury awards tend to be low because they aren't losing any money from work and much of the medical cost she incurs is probably paid by Medicare/Medicaid. There are some states though that exclude evidence of government assistance to the plaintiff. But even it it's not mentioned, at least some jurors may assume she's getting those benefits and take that into account in deciding what an appropriate award would be.

I wish her the best whatever choice she decides to make.
 

Lot249

Junior Member
Thank you all for taking the time to share your thoughts and suggestions regarding my post.
I have secured legal representation and we'll proceed as required.
I do, however, regret posting my question with more information than was necessary, burling the real issue.

THE POLICE MADE A MISTAKE!, IT'S AS SIMPLE AS THAT! WHY DOES MY WIFE HAVE TO PAY THE PRICE FOR THAT MISTAKE?

The formal arrest process (mug shots, police blotter reporting) after taking two BAC tests, should have never continued. The charge of DUI should have been vacated immediately upon seeing the BAC results of 0.014%. end of the story.
One of the replies suggested a possible legal fee of $4500 would be justified, in this case, are you serious?

I am sincere in my thank you for your responses, and my comments are not intended to be hurtful, or disrespectful.
Thanks again.
 

Taxing Matters

Overtaxed Member
I do, however, regret posting my question with more information than was necessary, burling the real issue.

THE POLICE MADE A MISTAKE!, IT'S AS SIMPLE AS THAT! WHY DOES MY WIFE HAVE TO PAY THE PRICE FOR THAT MISTAKE?
Ah, now I see where your focus is.

The formal arrest process (mug shots, police blotter reporting) after taking two BAC tests, should have never continued. The charge of DUI should have been vacated immediately upon seeing the BAC results of 0.014%. end of the story.
The problem your wife will have with this is that the standard for an arrest is probable cause, which is not a very high standard for the state to meet. Usually it is the prosecutor, not the cop, who makes the charging decision. Prosecutors toss out weak cases they believe they can't win even if the cop had probable cause for the arrest. It is pretty common that if the prosecutor will file charges it will be fairly soon because the U.S. Constitution gives alleged criminals the right to a speedy trial. It is also pretty common that the next step would a probable cause hearing in front of the judge to ensure the case has some merit before spending any more time and effort on the case. The police arrest a number of innocent persons on the basis of probable cause, and so long as the cop had a good faith belief that the crime was committed, thought there was probable cause, and there is at least something to support that belief a lawsuit seeking damages for a wrongful arrest is unlikely to succeed. But the exact details matter greatly here. Whether the cop had probable cause may turn on just one piece of evidence. The lawyer you and your wife hired will be able to tell you how strong the state's defense will be and what a jury would likely award in this kind of case.
 

quincy

Senior Member
Thank you all for taking the time to share your thoughts and suggestions regarding my post.
I have secured legal representation and we'll proceed as required.
I do, however, regret posting my question with more information than was necessary, burling the real issue.

THE POLICE MADE A MISTAKE!, IT'S AS SIMPLE AS THAT! WHY DOES MY WIFE HAVE TO PAY THE PRICE FOR THAT MISTAKE?

The formal arrest process (mug shots, police blotter reporting) after taking two BAC tests, should have never continued. The charge of DUI should have been vacated immediately upon seeing the BAC results of 0.014%. end of the story.
One of the replies suggested a possible legal fee of $4500 would be justified, in this case, are you serious?

I am sincere in my thank you for your responses, and my comments are not intended to be hurtful, or disrespectful.
Thanks again.
I was the one who said that paying $4500 for an attorney might be justified. I was serious when I said it (although it’s nice if you were able to secure legal representation for less).

A DUI conviction, no matter how “unfair” the charge may seem to you (who wasn’t there at the time of the vehicle accident), would be far worse for your wife than her suffering through a field test, BAC tests and a mug shot.

An attorney is your wife’s best chance of having the charge dismissed, as courts place a lot of weight on the observations of police officers. An experienced attorney will argue against those observations.

I am glad to hear your wife now has an attorney. The attorney will take the facts of the accident and the field test and the BAC and any witness statements and will be able to dispute the charge better than your wife can, without the (understandable) emotion your wife would bring to any defense.

Good luck in court.
 

Zigner

Senior Member, Non-Attorney
The charge of DUI should have been vacated immediately upon seeing the BAC results of 0.014%. end of the story.
You still are misunderstanding what the BAC results mean.
As was previously explained, the "legal limit" of .08 is actually a "per se" limit. What that means is that once the BAC hits .08, the prosecution doesn't need to prove impairment, as .08 is automatically considered to be impaired. One can still be impaired with a BAC under .08. Hell, one can have a BAC of ZERO and still be driving under the influence (DUI). Your wife's BAC of .014 by no means means that the charges should just be dismissed, all it means is that the prosecutor now has to prove impairment.
 

LdiJ

Senior Member
According to this chart:

Blood Alcohol Level Chart 2023 – Forbes Advisor

for a female, impairment could begin somewhere between .02 and .05 depending on weight. The OP's wife was at .014. I am not surprised that the cop decided to carry on with the charges even if for no reason other than to justify the arrest. I will be a little surprised however if the prosecutor decides to proceed now that an attorney has been hired. Proving impairment beyond a reasonable doubt (particularly due to age and other factors) seems a bit far-fetched.
 

quincy

Senior Member
There were witnesses to the vehicle accident, too, which cannot be ignored. What the witnesses said about the accident could be helpful, if not to Lot’s wife then to the prosecutor - this if the charge is not dismissed outright.

This is not, in other words, a “simple” stop for a suspected DUI. There was an accident involving more than the car Lot’s wife was driving. If not a DUI, distracted driving or other factors could support a charge against Lot’s wife. She apparently was the only one ticketed.

Perhaps Lot will return to let us know how things go in court. He mentioned the 20th as a court date but I think he might have erred on the date. The 20th is Sunday.
 

Lot249

Junior Member
UPDATE:
Received the violation codes for which my wife is being charged.
1. 39-4-50 ....... (I can't find the explanation for this code)
2. 39-4-96 ....... Reckless driving
3. 39-4-144 .... Failure to obey stop or yield right-of-way signs
The information I received while at the police station doesn't support these charges
1. The officer who met with me and described why my wife was arrested, stated the witness(s) reported to the responding officer, my wife came to a full stop and then proceeded into the intersection. "WRONG", the witness(s) statement does not validate charges 1 & 2.
2. The officer strongly recommended we retain legal representation due to the high BAC test results. "WRONG"!

This will be the last comment I make in this matter.
Thanks again for your insights.
 

Bali Hai Again

Active Member
UPDATE:
Received the violation codes for which my wife is being charged.
1. 39-4-50 ....... (I can't find the explanation for this code)
2. 39-4-96 ....... Reckless driving
3. 39-4-144 .... Failure to obey stop or yield right-of-way signs
The information I received while at the police station doesn't support these charges
1. The officer who met with me and described why my wife was arrested, stated the witness(s) reported to the responding officer, my wife came to a full stop and then proceeded into the intersection. "WRONG", the witness(s) statement does not validate charges 1 & 2.
2. The officer strongly recommended we retain legal representation due to the high BAC test results. "WRONG"!

This will be the last comment I make in this matter.
Thanks again for your insights.
She was at a four way stop intersection. Did she proceed into the intersection when she had the right of way?
 

quincy

Senior Member
UPDATE:
Received the violation codes for which my wife is being charged.
1. 39-4-50 ....... (I can't find the explanation for this code)
2. 39-4-96 ....... Reckless driving
3. 39-4-144 .... Failure to obey stop or yield right-of-way signs
The information I received while at the police station doesn't support these charges
1. The officer who met with me and described why my wife was arrested, stated the witness(s) reported to the responding officer, my wife came to a full stop and then proceeded into the intersection. "WRONG", the witness(s) statement does not validate charges 1 & 2.
2. The officer strongly recommended we retain legal representation due to the high BAC test results. "WRONG"!

This will be the last comment I make in this matter.
Thanks again for your insights.
I am glad that your wife has an attorney.

Good luck.
 

not2cleverRed

Obvious Observer
She was at a four way stop intersection. Did she proceed into the intersection when she had the right of way?
In other words, did the wife yield to all cars that stopped at the intersection before her.

Yes, I realize the OP says that the wife stopped at the intersection. However, nothing has been said about the other car in the accident.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top