Alcohol & Drugs: DUI, DWI DUI charge for bad circumstances

[bkbridge]

A contractor we use was arrested under suspicion of driving under the influence of alcohol. He was late to a job and told me what happened. Call me a sucker but I believe him and I'm wondering what he can do.

J has an irresponsible son. He loves that kid but he has to get some tough love. J took the car to a job nearby and had been putting in some really late hours lately. He was in a rush and said that the car smelled a bit like beer and was guessing that the kid had some friends in the car and spilled some beer on the seats. He figured he would confront him the next day because of the obvious problem.

J drives home exhausted, wasn't completely in his lane and got pulled over by a cop. You know what happens next. But the cop finds an empty beer can wedged under the seat and J gets arrested. He tells me he wasn't drinking. He isn't a big drinker. The problem is that there is the smell and a beer can in the car and it's his car. He said the cop was a jerk. Don't know much more. I was wondering if anyone has experience with circumstantial evidence in cases like these and what his chances are of being convicted as an innocent person, which he insists he is. I actually think he's telling the truth.

 

[army judge]

A contractor we use was arrested under suspicion of driving under the influence of alcohol. He was late to a job and told me what happened. Call me a sucker but I believe him and I'm wondering what he can do.

J has an irresponsible son. He loves that kid but he has to get some tough love. J took the car to a job nearby and had been putting in some really late hours lately. He was in a rush and said that the car smelled a bit like beer and was guessing that the kid had some friends in the car and spilled some beer on the seats. He figured he would confront him the next day because of the obvious problem.

J drives home exhausted, wasn't completely in his lane and got pulled over by a cop. You know what happens next. But the cop finds an empty beer can wedged under the seat and J gets arrested. He tells me he wasn't drinking. He isn't a big drinker. The problem is that there is the smell and a beer can in the car and it's his car. He said the cop was a jerk. Don't know much more. I was wondering if anyone has experience with circumstantial evidence in cases like these and what his chances are of being convicted as an innocent person, which he insists he is. I actually think he's telling the truth.

Tell "J" to plead not guilty, hire a lawyer (or ask the court to appoint one for him), keep his mouth shut about

this (except to speak with his lawyer); and this is the MOST important point: don't ask friends what to do,

discuss his case with friends, or get legal advice in important matters such as DUI arrests off the internet!

 

[mightymoose]

My opinion... J is not being truthful.
These circumstances would not result in a dui arrest.
J failed specific sobriety tests to get arrested. The smell of alcohol and an empty container would not even have resulted in a citation.

 

[bkbridge]

I spoke to J today. He is hiring a lawyer. I will update you with what happens although I won't provide any details that could hurt his case. I think that there is a little more to the story but I wouldn't be surprised if he was evasive with the cop. He's not the sharpest of the bunch and tends to have panic problems. I think that contributed to it. We will find out. Thank you guys again.