Involved in a single car accident damaged my car and injured myself and still got dui

[jaxxcapone]

What is the name of your state?Oklahoma

I was involved in a accident hit a parked trailer since no one witnessed accident and only damage was to myself and my vehicle did not call police neighbors called police because alarm kept going off when police came I was not even in the car he never saw me drive the car or saw the car move once he came the car was not even usuable I think the most he could give me is public intox but he took me to the hospital and made me take a blood test and I did not even consent dosnt a officer have to get your permission to take a test or is it different when a accident is involved the blood test hasnt even been returned yet with results and he still took me in for dui how can this happen can take you in just by them thinking your drunk with no proof at the time arrest was made now they charged me with dui and he had no proof I was even driving the car or was in the car or was even drunk do I have a case they are trying to charge me with felony dui since this is my so called 2nd offense but Im disputing that I was driving.

 

[Zephyr]

What is the name of your state?Oklahoma

I was involved in a accident hit a parked trailer since no one witnessed accident and only damage was to myself and my vehicle did not call police neighbors called police because alarm kept going off when police came I was not even in the car he never saw me drive the car or saw the car move once he came the car was not even usuable I think the most he could give me is public intox but he took me to the hospital and made me take a blood test and I did not even consent dosnt a officer have to get your permission to take a test or is it different when a accident is involved the blood test hasnt even been returned yet with results and he still took me in for dui how can this happen can take you in just by them thinking your drunk with no proof at the time arrest was made now they charged me with dui and he had no proof I was even driving the car or was in the car or was even drunk do I have a case they are trying to charge me with felony dui since this is my so called 2nd offense but Im disputing that I was driving.

was someone else driving? was there even anyone else there for you to blame it on? dude take it like a man- you screwed up, now pay the consequences

 

[jaxxcapone]

was someone else driving? was there even anyone else there for you to blame it on? dude take it like a man- you screwed up, now pay the consequences

Actually my uncle was driving he was the designated driver but this trailer that he hit was improperly parked in the corner of a 4 way street.

Since no one was hurt he walked home to call tow truck I stayd at scene to tell trailer owner whats going on even though the trailer had no damage.

When the cop arrived he didnt even give me a chance to explain automatically put me in t he back of his car and took me to the hospital to take a blood test I never had a chance to say a word this cop was having a bad day and because it was new years eve he automatically thought I was driving.He never even read me my rights or told me i was under arrest he was a real jerk.

The point is how can you be arrested when there is no proof you were even behind the wheel plus he never asked for my consent to take a blood test and when I did the results were not even known I think he was a rookie because he handled the whole situation unprofessionally.Hey if I was stopped by police and drunk I would take it like a man but this situation is tottaly different.

I wasnt even the driver of course they probably hear this all the time but dont they have to have proof to arrest you.

 

[justalayman]

So where is your uncle now?

AH the mysterious missing driver. If he doesn't show and admit to something....well you know the thing about a snowball and hell don't ya?

 

[seniorjudge]

The famous phanthom driver story!


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[jaxxcapone]

The point is how can police just assume I was driving when at no time was I seen in the car driving the car or anything I dont care what you guys say I know I have a case

Sure the car is mine but so what dosnt dui mean driving under the influence how could I be "driving" when no one saw me "driving" plus when the cops showed up I was outside the car like I said the most I should get is public intox.

I think I may take this to trial even though the cop is probably going to lie and say he saw me in the car but I may ask for him to bring out the patrol car video if he didnt have one its my word against his but like I said if he would have pulled me over and seen my in the car I would have no way to defend it but I wasnt in the car when he showed up so whos he to say I was driving plus I never consented to any test.

I only want replies from actual people with law experience who can advise if I have a case or not I could have been driving I could have not been point is only I know that so wheres the proof.Im not challenging the fact I was drunk Im challeging the fact I was behind the wheel.

 

[seniorjudge]

...I only want replies from actual people with law experience who can advise if I have a case or not....

Okay...you have no case.

 

[jaxxcapone]

Ok tell me why I dont if I was never seen in car there was no witnesses to the accident what I should have did is just leave the car there and walked home but thats irrelevant now point is at no time was I in the car when cops showed up so what proof do they have that I was driving the car tell me I want to know.

 

[seniorjudge]

Ok tell me why I dont if I was never seen in car there was no witnesses to the accident what I should have did is just leave the car there and walked home but thats irrelevant now point is at no time was I in the car when cops showed up so what proof do they have that I was driving the car tell me I want to know.

One of the things that will get you is circumstantial evidence: your car is there and so are you. You are drunk and the car is crashed. You drove the car and crashed it.

 

[Zephyr]

One of the things that will get you is circumstantial evidence: your car is there and so are you. You are drunk and the car is crashed. You drove the car and crashed it.

and there was no one else around who could have been driving it

 

[Happy Trails]

Ok tell me why I dont if I was never seen in car there was no witnesses to the accident what I should have did is just leave the car there and walked home but thats irrelevant now point is at no time was I in the car when cops showed up so what proof do they have that I was driving the car tell me I want to know.

The police are looking at a crashed car that belongs to you and you are there all alone, standing there drunk on your butt. What are the police supposed to think?

Why didn't your "uncle" come and tell them the "story"?

 

[jaxxcapone]

One of the things that will get you is circumstantial evidence: your car is there and so are you. You are drunk and the car is crashed. You drove the car and crashed it.

We all know circumstantial evidence does not hold up in court do you suggest I take this to trial or just take the plea this will be my 2nd so called dui offense so they probably are going to charge this as a felony so I think I may take this to trial because I dont think the jurors will find me guilty beyond a reasonable doubt.

Plus the officer didnt read me my rights or get my consent to draw blood which I think he is required to do put it this way if they offer me probation fines, community service Ill take it but if they try to stick me with any actual jail time Im taking this to trial and taking my chances because like I said there is no proof I was driving.

 

[jaxxcapone]

The police are looking at a crashed car that belongs to you and you are there all alone, standing there drunk on your butt. What are the police supposed to think?

Why didn't your "uncle" come and tell them the "story"?

By the time he came back I was already gone and get this he called my cell phone to find out what happened and this officer had the nerve to answer my calls and was beligerant to my family members that were calling this cop had no right to answer my phone like I said I think this guy was a rookie because he was very unprofessional and didnt go by the book thats why I think I have a case.

 

[seniorjudge]

...We all know circumstantial evidence does not hold up in court....

You might want to write Scott Peterson and tell him this: he was convicted on 100% circumstantial evidence.

His address is Death Row.

 

[Happy Trails]

By the time he came back I was already gone and get this he called my cell phone to find out what happened and this officer had the nerve to answer my calls and was beligerant to my family members that were calling this cop had no right to answer my phone like I said I think this guy was a rookie because he was very unprofessional and didnt go by the book thats why I think I have a case.

So what did he tell the police officer?

Did he tell the officer he was driving?

You are doing a good job here keeping the facts obscured enough as to not admit guilt.

You have a lot of holes to fill.

Did you tell the officer your uncle was driving?