Alcohol & Drugs: DUI, DWI "Ghost" DUI

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All_ears

New Member
Hi all. New to the forum and I have a question about a some charges I'm facing
that hopefully, someone will be able to answer.

2 months ago I was driving home late at night. I skidded on some loose gravel
that was at a Stop Sign and ended up hitting a guard rail. I wasn't hurt and there
was no other driver, passenger or other cars involved. A passing motorist was
driving by and they stopped. I asked if they had a cell phone and they said "No"
but that they could give me a lift (it was in a pretty rural area). The driver took
me to my house (about 15 min away) where I woke my wife up and told her that
I had wrecked and that we needed to get back to the car. she got dressed and we
returned to the scene. Police were all over the car. They asked who was driving
and I said that I was. The police became pretty venomous and started immediatley
asking several questions. I politely told them that I did not wish to answer any of
their questions.

I was arrested for leaving the scene, refusal of a breath test, DUI and PI ( based
soley off of their physical appraisal ). I've never trusted the science behind the
breathalizers and informed the officer that I was fully aware that I'd be
forfeiting my license by refusing the test.

No physical control of the vehicle, no driver in the vehicle upon discovery,
returned to the vehicle 30-45 min after leaving it, no witnesses and no other
statements made to the officers. I did tell them that I'd been driving but my
lawyer has informed me that that will be supressed now as well. Even if
they are able to convict for the leaving the scene and the PI, is there really
enough there to "convict" for a DUI? I'm sure there is always a possibility,
so I guess what I'm asking is; Is it likely that they'll be able to convict?

Any opinions, insight, or similar circumstances would be tremendously
appreciated.

Thanks
 
All ears said:
Hi all. New to the forum and I have a question about a some charges I'm facing
that hopefully, someone will be able to answer.

2 months ago I was driving home late at night. I skidded on some loose gravel
that was at a Stop Sign and ended up hitting a guard rail. I wasn't hurt and there
was no other driver, passenger or other cars involved. A passing motorist was
driving by and they stopped. I asked if they had a cell phone and they said "No"
but that they could give me a lift (it was in a pretty rural area). The driver took
me to my house (about 15 min away) where I woke my wife up and told her that
I had wrecked and that we needed to get back to the car. she got dressed and we
returned to the scene. Police were all over the car. They asked who was driving
and I said that I was. The police became pretty venomous and started immediatley
asking several questions. I politely told them that I did not wish to answer any of
their questions.

I was arrested for leaving the scene, refusal of a breath test, DUI and PI ( based
soley off of their physical appraisal ). I've never trusted the science behind the
breathalizers and informed the officer that I was fully aware that I'd be
forfeiting my license by refusing the test.

No physical control of the vehicle, no driver in the vehicle upon discovery,
returned to the vehicle 30-45 min after leaving it, no witnesses and no other
statements made to the officers. I did tell them that I'd been driving but my
lawyer has informed me that that will be supressed now as well. Even if
they are able to convict for the leaving the scene and the PI, is there really
enough there to "convict" for a DUI? I'm sure there is always a possibility,
so I guess what I'm asking is; Is it likely that they'll be able to convict?

Any opinions, insight, or similar circumstances would be tremendously
appreciated.
Did they offer you any other test besides a breathalyzer? I don't know what evidence they have to indicate you had been drinking but remember that it is the prosecution's burden to obtain enough evidence that you had been intoxicated and not yours to defend. Your car being on the side of the road and having crashed into a barrier can be explained in numerous ways other than intoxication.
 
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