DUI follow-up

[Zigner]

I’m fully cognizant that a BAC test does not report a pass/fail result. Referencing the test results in this way is a misnomer, but is commonly viewed and referenced as a pass/fail statement by the general public.

I should have referenced the BAC resulting number value used in determining if an individual’s alcohol impairment, registered no impairment.

I think we can agree that accidents can happen when individuals are impaired or not. Determining fault, in some cases, can prove to be a very difficult task. In our case, it’s a he said, she said, situation with no objective witnesses providing definitive information to confidently place fault.

In our case, the officer determined the fault based on two things. First, the officer accepted, as fact, the other driver stating he had the right of way, but with no evidence to substantiate that statement. Secondly, and most importantly, were the officer’s professional opinion and observations, where he concluded my wife was DUI. Unfortunately, the second factor, consciously or subconsciously, placed a greater sense of truth to the other driver’s statement in the officer’s mind.

You can't know that, as you are not in the officer's mind.

The subsequent analysis of the BCA testing showed the officer’s professional opinion and observations of impairment were found to be flawed. I wouldn’t think this could be considered good evidence.

And THAT is what an attorney will know how to properly present.

What frustrates me the most, is that this situation could have been resolved easily. An acknowledgment that the analysis of the BAC results was incorrect and the dropping of the DUI charge.

An attorney could have pushed for that.

We could accept (not embrace) the judgment my wife was the cause of the accident. The circumstances surrounding the accident would make it impossible to prove otherwise.

Alrighty then.

 

[Lot249]

This DUI nightmare ended last week. It ended by having to pay $57 for a simple traffic violation.

Allow me to vent one last time on this matter.

The court concluded the matter by saying to my wife, “I’m sure you are happy with the results”. The word “pleased” would have been a better choice of words, because my wife was far from being “happy” with the results. How can one be put in the position of having to spend a few thousand dollars to defend against a mistaken accusation by the police as just or fair? What was most discouraging was that no acknowledgment was given of the mistake. No question was raised as to why this matter required the court’s attention. The bottom line, the system doesn’t care, and will never admit, on its own, of being wrong, and everyone knows this to be true.

I know many of you in legal cyber-land agree with the court, and can enlighten me further on the hows and why’s one should be happy with the results. I really can’t, or perhaps, as one responder suggested, I’m being too obtuse to the explanations already shared as to the way the legal system needs to function.


Thanks to all who responded in this matter, it was most appreciated.

 

[quincy]

This DUI nightmare ended last week. It ended by having to pay $57 for a simple traffic violation.

Allow me to vent one last time on this matter.

The court concluded the matter by saying to my wife, “I’m sure you are happy with the results”. The word “pleased” would have been a better choice of words, because my wife was far from being “happy” with the results. How can one be put in the position of having to spend a few thousand dollars to defend against a mistaken accusation by the police as just or fair? What was most discouraging was that no acknowledgment was given of the mistake. No question was raised as to why this matter required the court’s attention. The bottom line, the system doesn’t care, and will never admit, on its own, of being wrong, and everyone knows this to be true.

I know many of you in legal cyber-land agree with the court, and can enlighten me further on the hows and why’s one should be happy with the results. I really can’t, or perhaps, as one responder suggested, I’m being too obtuse to the explanations already shared as to the way the legal system needs to function.


Thanks to all who responded in this matter, it was most appreciated.

Thank you for the update, Lot249.

 

[Zigner]

I'm pretty sure the system got it right by getting the woman off the road that night.

 

[quincy]

I'm pretty sure the system got it right by getting the woman off the road that night.

Lot249 should probably now encourage his wife to get a medical examination.

 

[Lot249]

Lot249 should probably now encourage his wife to get a medical examination.

This comment is addressed directly and personally to Zigner and Quincy.

My posts described the event honestly and without exaggeration.
Your responses lead me to believe you view these posts with the predisposition that everyone is lying, or only posting information that supports their version of the event.

For your information, my wife did have a complete physical exam, which included a CT scan, shortly after the accident. She wanted the exam to confirm what she already thought to be true. The tests showed no health issues beyond what was self-reported to the police.

I'm not sure why the hell I wasted the time to give you this information, you're not going to believe it anyway.

 

[quincy]

This comment is addressed directly and personally to Zigner and Quincy.

My posts described the event honestly and without exaggeration.
Your responses lead me to believe you view these posts with the predisposition that everyone is lying, or only posting information that supports their version of the event.

For your information, my wife did have a complete physical exam, which included a CT scan, shortly after the accident. She wanted the exam to confirm what she already thought to be true. The tests showed no health issues beyond what was self-reported to the police.

I'm not sure why the hell I wasted the time to give you this information, you're not going to believe it anyway.

Thank you for the additional information. I am glad to hear that your wife had a medical examination after the accident.

 

[Lot249]

Thank you for the additional information. I am glad to hear that your wife had a medical examination after the accident.

Thanks.