california dui

[CPViolation]

thank you for all your support. its deeply thankful. the last thing i need is this dui on my record since i just got hired for search and rescue in sd. this could def ruin my career. hopefully i do find out what bac was soon.

would you say that there is a chance of winning this case? or even knocking it down dramatically?

so since the opposing car was full of drunk drivers there not considered witnesses?

im trying to think of anything i can question to try and dismiss this case.

what i ment when i said that my roomate has some questions is that, hes confused how this all played out like me. he is def not getting involved. just giving me advice just like you are.

with me not having any paperwork or information on this whole conviction, you have to understand where im coming from. this is a first for me. like i said, ill be seeing an attorney tomorrow and also setting up my hearing with the dmv.

i guess when i recieve the police report ill be able to determine what happened and what was written. but as of right now im dumb founded and confused about how this was played out. trust me im not the only one confused. has a machanic its pretty easy for me to see where the point of impact was on a vehicle. put the skid marks and damage of the two vehicles and that your answer who was at fault. now if the cops had done a theral investigation on the crash scene, then i wouldnt be questioning. but since they gave me no answers on ANYTHING, or read me my rights before they did custodial interrogation at the station, i think anyone would want some answers.

Custodial interrogation implies that an authority (police, corrections) conducts an interview with an subject which is of interest to their investigation with the condition that the subject is not free to go on his or her own volition. The subject may be an inmate in a correctional institution or may be held as a material witness.

thus being said, lets say i am over the legal limit(.08), im not considered a witness. therefore everything i said doesnt matter, and since they were all intoxicated they are not considered a witness from what your saying. so that would mean the cop had no proof i was driving. and because he wouldnt have proof of me driving then there wouldnt be a need of a bac or conviction of dui. you can also refer to rising blood alcohol defense.

It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING -- not at the time of being TESTED. Since it takes between 45 minutes and 3 hours for alcohol to be absorbed into the system, an individual's BAC may continue to rise for some time after he is stopped and arrested.

and the officers didnt show up for another 45-1 hour after the crash had happened.


if this happened the officer could only do a police report of the accident. officer did not see me drive or pull me over for dui.

PD's are paid by the county.
They Just kiss ass until they get a decent job with their employer.
They wouldn't help you in the least. PD's just tell you to cop to the changes or a tiny lesser charge which really doesn't make a difference.
You are still subject to fines, DUI classes for x amount. Fined at least ~1500.00, community service and or jail time, makes insurance rates astronomical.
But you had an accident, that's changes things drastically.

I pay $600.00 dollars a year for insurance. Don't be surprised it you paying 6k. Almost not worth owning a hot rod.

Sorry Man
Jeff

 

[Njc0las]

I love it when people ask for help because they obviously have no clue, and then argue with people who give them the best possible advice.

I don't know how FSVTF has the restraint to not totally humiliate people like OP or at least bitch slap their thread into smackdown on a regular basis.

 

[FordSVTFan]

I love it when people ask for help because they obviously have no clue, and then argue with people who give them the best possible advice.

Some people post in the hope that others will agree with their warped sense of logic, so it makes them feel better. However, when they get real world accurate information they freak.

I don't know how FSVTF has the restraint to not totally humiliate people like OP or at least bitch slap their thread into smackdown on a regular basis.

Because this isnt SD and their posts usually arent personal.

 

[SNCBOOM]

They just never say 2 pitchers of beer or 2 5ths of liquor! But we know how much when this happens! :xpl:

Just so you know, those aren't substitutes. It would take roughly 17 pitchers of beer to equal the alcohol content of two fifths.

 

[FordSVTFan]

Just so you know, those aren't substitutes. It would take roughly 17 pitchers of beer to equal the alcohol content of two fifths.

Just so you know, he wasnt making that inference. He was commenting on drunks often saying to the officer that they only had two drinks and they forgot to say it was two pitchers or two fifths.

 

[SNCBOOM]

Well I was just assuming that no one would live to drive after having 85 drinks.

 

[FordSVTFan]

Well I was just assuming that no one would live to drive after having 85 drinks.

There are some professional alcoholics that had blown .4+ That is typically compatible with death.

 

[ThrashN]

There are some professional alcoholics that had blown .4+ That is typically compatible with death.

Isn't the legal limit .08?

 

[Ronin5.O]

he clearly meant .4 just a typo, legal limit is .08 BAC

 

[FordSVTFan]

Isn't the legal limit .08?

In most states.

 

[silver03svt]

Well I was just assuming that no one would live to drive after having 85 drinks.

You would be amazed at seeing a professional alcoholic after a hard day of binge-drinking. I had a drunk blow a .38, was forced to take him for medical treatment, and by the way he walked and talked, the normal person may not have even known he had been drinking at all....with the exception of the odor! Only reason I caught him was he was still trying to plow the guardrail with his Olds 98 at 2am!

 

[PSUCOBRA96]

OP what was your BAC? Based on the scenario you described you were likely within the .05-.08 limit, that in combination with the accident seems to warrant the officers actions to take you in for a blood test. You need to get your police report and speak with your attorney who should already be telling you to just shut your mouth.

I have a client who loves to run his mouth about his life and I keep telling him he needs to shut his mouth as he likes to talk way too much. Sooner or later it is going to backfire on him when he says the wrong thing to the wrong person. Let your attorney do your speaking for you as that is their job to protect you from yourself.

 

[mike6466]

OP what was your BAC? Based on the scenario you described you were likely within the .05-.08 limit, that in combination with the accident seems to warrant the officers actions to take you in for a blood test. You need to get your police report and speak with your attorney who should already be telling you to just shut your mouth.

I have a client who loves to run his mouth about his life and I keep telling him he needs to shut his mouth as he likes to talk way too much. Sooner or later it is going to backfire on him when he says the wrong thing to the wrong person. Let your attorney do your speaking for you as that is their job to protect you from yourself.

yes i do agree. ive talked to me attourney and they havent filed my case yet. they are sending me my license back. possible the officer realized he made a mistake or my blood alcohol level was under .08. still dont have any information on this case since it hasnt been filed yet.

obviously the person involved in the case will question anything they dont want to hear. thats known fact. cmon who wants to get this done to them?
case hasnt been filed and you guys say you deserve what you get for drinking and driving or you were drunk and your questioning professionalism? hasnt been proven yet if i was drunk. if i knew i was wasted and driving i wouldnt be on here asking for advice. if i did know i was above the limit i wouldnt have drove and second i would face my consequences like a ****ing man like everyone should do. im not some punk ass that breaks the law. thought people should know that before posting something stupid that doesnt help me at all.