DUI-million dollar mistake

[scaredbroke]

What is the name of your state (only U.S. law)? Oklahoma

I have recently been charged with a criminal misdemeanor of DUI (Sept. 20) and my pretrial date is set for next tuesday Dec. 15, 2009. I was just about to sign a plea agreement when i noticed the state was seeking restitution from me in excess of $700,000.00. We did not drive the vehicle into a building or any other structure, this happened on a desolate county road. One of my friends was recently released from the hospital after two months. I am the one who ran a mile up the road and called for help; and because of that, I am the one being charged with the crime. Nobody in the car has any recollection of the events leading up to the accident, nor do we remember who was driving. The state says that I am a liability, and that was their reasoning for the restitution. I realize i may be a liability, but in my individual capacity, and i am not a liability for the state. Any ideas about why the state is seeking restitution on the victims' (my friends) behalf.

 

[Isis1]

What is the name of your state (only U.S. law)? Oklahoma

I have recently been charged with a criminal misdemeanor of DUI (Sept. 20) and my pretrial date is set for next tuesday Dec. 15, 2009. I was just about to sign a plea agreement when i noticed the state was seeking restitution from me in excess of $700,000.00. We did not drive the vehicle into a building or any other structure, this happened on a desolate county road. One of my friends was recently released from the hospital after two months. I am the one who ran a mile up the road and called for help; and because of that, I am the one being charged with the crime. Nobody in the car has any recollection of the events leading up to the accident, nor do we remember who was driving. The state says that I am a liability, and that was their reasoning for the restitution. I realize i may be a liability, but in my individual capacity, and i am not a liability for the state. Any ideas about why the state is seeking restitution on the victims' (my friends) behalf.

i take it that you were the driver?

 

[scaredbroke]

I am not sure...I know i was ejected though, but I'm not even sure who was driving. I was just going to let it go and take the blame without saying i was or wasn't driving, now the only problem is the restitution. We were already outside of the car when the cops arrived, so they would have no earthly idea as to who was driving either. The arresting officer was a OHP rookie, and would it help to discredit his report. becuase he says the other two passengers were partially ejected; however, I was the first one conscious and i had to pull the other two from vehicle. Mind you, they were still completely and wholly inside the vehicle. So i have no idea where or how the officer conjured up his report.

 

[Isis1]

I am not sure...I know i was ejected though, but I'm not even sure who was driving. I was just going to let it go and take the blame without saying i was or wasn't driving, now the only problem is the restitution. We were already outside of the car when the cops arrived, so they would have no earthly idea as to who was driving either. The arresting officer was a OHP rookie, and would it help to discredit his report. becuase he says the other two passengers were partially ejected; however, I was the first one conscious and i had to pull the other two from vehicle. Mind you, they were still completely and wholly inside the vehicle. So i have no idea where or how the officer conjured up his report.

okay. here's the problem.

as the driver, as you were the one charged. you almost killed your friend. that makes you responsible for the restitution.

if it was your hospitalized friend that was driving, it would be him that would be covering his own hospital bills.

if it was the third friend, he'd be paying the hospital bills.

so now, you have a problem. either you take the hit, admit it was you driving or you get an attorney and point the fingers at your friends. you might still lose at that if you already admitted you were the one driving at this point.

 

[scaredbroke]

I am not sure...I know i was ejected though, but I'm not even sure who was driving. I was just going to let it go and take the blame without saying i was or wasn't driving, now the only problem is the restitution. We were already outside of the car when the cops arrived, so they would have no earthly idea as to who was driving either. The arresting officer was a OHP rookie, and would it help to discredit his report. becuase he says the other two passengers were partially ejected; however, I was the first one conscious and i had to pull the other two from vehicle. Mind you, they were still completely and wholly inside the vehicle. So i have no idea where or how the officer conjured up his report.

 

[Isis1]

I am not sure...I know i was ejected though, but I'm not even sure who was driving. I was just going to let it go and take the blame without saying i was or wasn't driving, now the only problem is the restitution. We were already outside of the car when the cops arrived, so they would have no earthly idea as to who was driving either. The arresting officer was a OHP rookie, and would it help to discredit his report. becuase he says the other two passengers were partially ejected; however, I was the first one conscious and i had to pull the other two from vehicle. Mind you, they were still completely and wholly inside the vehicle. So i have no idea where or how the officer conjured up his report.

why did you just repeat yourself?

 

[scaredbroke]

I did not admit to being in the driver seat. The ticket was issued at the hospital, the officer asked me if i remembered driving. I told him i did but it was earlier in the day. The ticket was still issued because the EMT had also convinced him that i was driving. The EMT had heard me repeatedly say "i'm sorry" to a passenger, but i was apologizing for being materialistic, seeing they were taking me to find my phone i had lost the night before...because she is the one who suggested i call in the insurance on my phone...anyway, back to the point. I do not remember driving, which is why we are having such a difficult time..everyone is having such a hard time seeing me as a victim because i was not seriously injured..

 

[Isis1]

I did not admit to being in the driver seat. The ticket was issued at the hospital, the officer asked me if i remembered driving. I told him i did but it was earlier in the day. The ticket was still issued because the EMT had also convinced him that i was driving. The EMT had heard me repeatedly say "i'm sorry" to a passenger, but i was apologizing for being materialistic, seeing they were taking me to find my phone i had lost the night before...because she is the one who suggested i call in the insurance on my phone...anyway, back to the point. I do not remember driving, which is why we are having such a difficult time..everyone is having such a hard time seeing me as a victim because i was not seriously injured..

you really need an attorney. at the very least get a consult.

you were in a drunk driving related accident. you admitted to driving. that was all the officer needed. you say you pulled the other two out of the car. where did you pull them out of?

see the hole in your story? had you stated you pulled out the other uninjured party from the driver seat, then it would have been the other driver. if you pulled the injured passenger out of the driver seat, it would have been him.

you can't remember. now, is that a lie? are all three of you lying thinking it will help you stay out of trouble?

whoever admits to driving is the one that pays that restitution. plain and simple.

and you aren't saying it wasn't you.

 

[scaredbroke]

I do not believe i was driving, but becuase i do not know, nor does anyone else for that matter, but the other two were way in the back of the vehicle. Seat belts were not in use. I honestly cannot remember, and i would not put my family through this if i knew the truth...I just cannot convict myself of these actions. Nevermind, I just got off of the phone with the assistant DA, after further review, they are not going to seek restitution, due to the discrepancies surrounding the entire accident. But thank you for your time sir!

 

[Isis1]

I do not believe i was driving, but becuase i do not know, nor does anyone else for that matter, but the other two were way in the back of the vehicle. Seat belts were not in use. I honestly cannot remember, and i would not put my family through this if i knew the truth...I just cannot convict myself of these actions. Nevermind, I just got off of the phone with the assistant DA, after further review, they are not going to seek restitution, due to the discrepancies surrounding the entire accident. But thank you for your time sir!

ahem. ma'am!!

but you're welcome.


in regards to the bolded.....


stop drinking.

 

[irish77]

this one would be an interesting case. if everyone in the car has no idea who is driving how can you really convict beyond a burden of proof? unless there was video or audio. man. I can only imagine what was going on in that car before they hit the building.

don't drink and drive. it will kill you or someone you love.

 

[Zigner]

this one would be an interesting case. if everyone in the car has no idea who is driving how can you really convict beyond a burden of proof? unless there was video or audio. man. I can only imagine what was going on in that car before they hit the building.

don't drink and drive. it will kill you or someone you love.

OP admitted to the officer that he was driving.

 

[divona2000]

this one would be an interesting case. if everyone in the car has no idea who is driving how can you really convict beyond a burden of proof? unless there was video or audio...

In serious accidents such as this, would the steering wheel have been printed, and the layering & position of prints show who was the last person driving the auto?

 

[Antigone*]

why did you just repeat yourself?

...he is sticking to his same lie. You know the more times you tell yourself something, you start to believe it.

When I was little my mom used to say: Te van a salir sapos de la boca si me mientas

 

[Ohiogal]

I did not admit to being in the driver seat. The ticket was issued at the hospital, the officer asked me if i remembered driving. I told him i did but it was earlier in the day. The ticket was still issued because the EMT had also convinced him that i was driving. The EMT had heard me repeatedly say "i'm sorry" to a passenger, but i was apologizing for being materialistic, seeing they were taking me to find my phone i had lost the night before...because she is the one who suggested i call in the insurance on my phone...anyway, back to the point. I do not remember driving, which is why we are having such a difficult time..everyone is having such a hard time seeing me as a victim because i was not seriously injured..

So was it your car?