I was drinking after the accident!!

[joe134]

What is the name of your state? CA

Does this defense work? I have a very believable timeframe, BAC level, and no incriminating statements (unless the cop writes down lies).

Time: questioned & breath test about 30-45 minutes after wreck
Roadside BAC: .11 and .10
Statement: 1 beer 3 hours before accident

 

[JETX]

Does this defense work?

ROTFLMAO!!!
No.

 

[shell007]

What is the name of your state? CA

Does this defense work? I have a very believable timeframe, BAC level, and no incriminating statements (unless the cop writes down lies).

Time: questioned & breath test about 30-45 minutes after wreck
Roadside BAC: .11 and .10
Statement: 1 beer 3 hours before accident

You do however get extra credit for creativity!

 

[rmet4nzkx]

What is the name of your state? CA

Does this defense work? I have a very believable timeframe, BAC level, and no incriminating statements (unless the cop writes down lies).

Time: questioned & breath test about 30-45 minutes after wreck
Roadside BAC: .11 and .10
Statement: 1 beer 3 hours before accident

Can you keep your story sraight?
2-24-6
https://forum.freeadvice.com/showthread.php?p=1306532#post1306532

I have hired an attorney. I will not have to make any appearances in court.

Based on discussions with the law firm, I am much more relaxed. There was about an hour time between the accident and the breathalyzer. I blew .11 and .10. How can they prove I was over .08 at the time of driving? Blood test was 2 hours after the accident where I was probably at or below .08. With the margin of error on these machines and considering I am a college student with no record (reckless was only an infraction, not a misdemeanor so won't be on my record), I don't think the county will want to prosecute cause they can't win. I am just concerned with the DMV hearing as I don't want a license suspension.

I have learned my lesson, though. Not even gonna drink anymore, it's not worth it.

 

[joe134]

Ok so 30-60 minutes, big deal. Everything else is the same.

 

[rmet4nzkx]

Ok so 30-60 minutes, big deal. Everything else is the same.

I hope you have public transit.

 

[shell007]

I hope you have public transit.

OR A BICYCLE

 

[rmet4nzkx]

OR A BICYCLE

Do you really want a drunk on a bike reeling in and out of traffic in a college town

 

[shell007]

Do you really want a drunk on a bike reeling in and out of traffic in a college town

Oh...you're right...I forgot about the sidewalk homeless people!

 

[westinne]

huh! This is the first time I encounter this kind of situation......! You drink before the accident? And the cops found that after a few hours after the accident that you are Drunk and alcohol is present**************? But that was before the accident!

I don’t know what to say****************************..!

 

[CdwJava]

The standard is two hours from the time of the incident (stop or crash). The BAC taken within two hours is generally considered good. Your attorney can argue rising BAC, but at .10 or .11 it's very likely not to work ... ESPECIALLY if you stick with the "1 beer" story!

- Carl

 

[joe134]

I was waiting at the scene for the cops to come while I was drinking. I had no alcohol in me at the time of the accident. I drank afterwards.

 

[CdwJava]

I was waiting at the scene for the cops to come while I was drinking. I had no alcohol in me at the time of the accident. I drank afterwards.

Okay ... NOW you're saying you had a beer (or beers) AFTER the accident?

Cute. It might save you ... it might not.

Contact an attorney that specializes in DUI defense. he MIGHT believe you. Even if he doesn't believe you (and I doubt that anyone will) he might still be able to do something to minimize your penalty ... unfortunately.

Assuming the cops took even an HOUR to get there, for you to have a BAc of even .10 you would have had to have downed 5 or 6 beers! That's some pretty serious Frat Boy drinking in a short period of time!

- Carl

 

[joe134]

No, I told the officer I had 1 beer 3 hours before the accident. I was referring to my drinking at the bar cause he had just asked me where I was coming from. Then, I crashed. I had some liquor in my car so I started to drink it to relax while I waited for the cops.

All the cops and BAC evidence is irrelevant cause it was from the liquor I drank after the crash.

 

[CdwJava]

No, I told the officer I had 1 beer 3 hours before the accident. I was referring to my drinking at the bar cause he had just asked me where I was coming from. Then, I crashed. I had some liquor in my car so I started to drink it to relax while I waited for the cops.

What kind of liquor? How much? And how long from the start of drinking to the test?

And what's gonna happaen if the cops investigate the bar where you were drinking? Are they going to find you had only one beer?



- Carl