Recent dui

[angie0726]

CALIFORNIA

i recently rear ended someone in the parking lot of a football stadium. the other partys' car had virtually no damage. we exchanged info and got back into our own vehicles, however i switched seats with my boyfriend so he could drive us home (we had a long drive back home). the girl in the other vehicle got out of her vehicle and flagged down a cop some twenty min later. he approached our vehicle while we were still in traffic at the stadium. he asked us if we hit that car - we said yes. he asked us if we had been drinking - i said yes my boyfriend said no. they then walked around to my side of the car adn asked me to get out. Field sobriety tests were performed. i passed them, but they still decided to breathalize me, which i failed - .13 BAC. they arrested me, but when i said "you dont even know if i was driving" they said i confessed earlier but i know i did not.

do you think this is a good case with chances of being dismissed? also, if my boyfriend lies and says he was driving the entire time ,is there any chance of him getting caught and being charged with perjury? (i was driving when the accident occurred, but the police have zero evidence of this). any advice will be much appreciated. my court date is in 2 weeks.What is the name of your state (only U.S. law)?

 

[Antigone*]

CALIFORNIA

i recently rear ended someone in the parking lot of a football stadium. the other partys' car had virtually no damage. we exchanged info and got back into our own vehicles, however i switched seats with my boyfriend so he could drive us home (we had a long drive back home). the girl in the other vehicle got out of her vehicle and flagged down a cop some twenty min later. he approached our vehicle while we were still in traffic at the stadium. he asked us if we hit that car - we said yes. he asked us if we had been drinking - i said yes my boyfriend said no. they then walked around to my side of the car adn asked me to get out. Field sobriety tests were performed. i passed them, but they still decided to breathalize me, which i failed - .13 BAC. they arrested me, but when i said "you dont even know if i was driving" they said i confessed earlier but i know i did not.

do you think this is a good case with chances of being dismissed? also, if my boyfriend lies and says he was driving the entire time ,is there any chance of him getting caught and being charged with perjury? (i was driving when the accident occurred, but the police have zero evidence of this). any advice will be much appreciated. my court date is in 2 weeks.What is the name of your state (only U.S. law)?

No, I don't think you have a good chance of this being dismissed. You hit another person's car. And if your boyfriend want to perjure himself then both birds of a feather will flock together ~ and you will both have criminal records.

 

[CdwJava]

Why does everyone think they "passed" the FSTs? The worst person to evaluate their performance is the guy or gal doing them. And since the PBT in the field is simply one of the FSTs, it would appear that you did not pass as you were apparently arrested.

I suspect they know you were driving because they had a witness identify you as the driver (remember, you exchanged info with the other driver) and the police likely have that info. Or, you or your boyfriend ratted you out as the driver.