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Misunderstanding DWI case Alcohol & Drugs: DUI, DWI

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by pas2414, May 15, 2019 at 1:13 PM.

  1. pas2414

    pas2414 Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    There are eight charges against me…

    1. Refusal To Submit To Chemical Test, Penalties
    (The ticket does not include the alcohol level because I did not refuse to take the chemical test)

    2. Consent To Take Samples Of Breath Record
    (I don't know what this means?)

    3. Operating Under Influence Of Liquor Or Drugs
    (The truth is that I fell asleep on the road and crashed when my passenger’s tire and windows got damaged along the fender. I wasn’t drinking and driving)

    4. Vehicle In Unsafe Condition
    (This ticket seems unfair as the vehicle was 'unsafe' as a result of the accident)

    5. No Liability Insurance Coverage On Motor Vehicle
    (For the record, the car is insured and always has been insured; proof can be provided)

    6. Mirrors Required On Every Motor Vehicle
    (One of the mirrors became damaged as a result of the accident)

    7. Open Container Of Alcoholic Beverage
    (I have no knowledge of having an open liquor container in my car. I had a closed bottle of whiskey in my trunk)

    8. Failure To Possess DL or Reg
    (Not possible when the police officers obtained my license and registration and included license/registration on the ticket-- this would not have been possible if I 'failed to possess a DL/Reg'...therefore, I did not fail to give them anything)

    For your information. I will not be pleading guilty for something I did not do. There are many reasonable defenses to address DWI charges. I have nothing to hide. Ever since I got arrested, there has certainly been a lot of confusion regarding the situation and that is something I need to fight for.

    This is my story for the night in which I got arrested for a so called DWI even though I had stated I fallen asleep behind the wheel on the way home. You have to understand that I was unable to pass field sobriety tests because during the accident, the left side of my head where my cochlear implant is located, got hit really bad. When this happened, I started to feel a ringing inside my head, which caused me to feel dizzy and caused me to have balance problems. Those are some of the many side effects can occur if the surrounding area of my cochlear implant gets hit or experiences pressure.

    The lawyer never questioned my alibi or asked what happened that night besides and just decided to slap serious penalties onto me for something I did not cause. Also, I barely heard from him while waiting for discovery and we had this last minute talk on my court date. But anyway, I was working that day from 7am to 9pm, after closing, I went to birthday party for a friend. I was in the town of Lyndhurst, NJ. I had a few drinks which I will admit, but I watched my limit because the drive is long, 49 mins from the location of the birthday party to home. It was a long night for me because I stayed to be able to drive two people home. I stopped drinking after 3-4 hours meaning I had 2 beer and one cup of 7's. After the party was over, I decided to grab a cup of coffee before going home because I was tired, and I thought one cup of caffeine would help me. I dropped off two people at home which took me 25-30 mins, then it took me another 35 mins for me to drive home. If I was drunk driving, then I should’ve crashed in the timeframe that I dropped off the two people home and going home, but what really happened is that I fell asleep with only a few short minutes left to arrive home. After the crash, I was confused about what happened, but I was suffering from a serious high pitch noise inside my head (like my ear was piercing drone in silence), I felt dizzy and unconscious. I kept driving to look for a parking spot to rest a little, but I felt something. My car popped due to my tire and then I felt a cold wind inside my car when my passenger’s window shattered. I kept on looking for a parking spot, so I could contact my friends or family for help, but I just happened to be pulled over by an officer and then two more showed up. After I got arrested, I was actually mistreated by officers because I specifically asked them to put the magnet of my cochlear implant onto my head so I can hear them, but then next thing I know, they forced me into the car which confused me. They actually violated my rights after requesting a lawyer and an interpreter. It was extremely difficult for me to communicate with the cops because I couldn’t hear much but tried my best to read lips. The most offensive thing is that they questioned my friend if I was truly deaf. It seriously bothered me because how can I fake something like that? That’s the most discrimination thing to ask toward my friend.

    You have to understand I worked 14 hours a day and I just happened to fell asleep behind the wheel due to lack of sleep and extreme tiredness from working, plus this is not the first time I fell asleep behind the wheel, but I've been excused until this happened. After my first DUI in California, which was 8-9 years ago, I have fought 8-9 long years to stay out of trouble, especially with drinking and driving. I would never risk getting behind the wheel again if I am drunk because I never want to get another DUI. That day I got my first DUI, that was my wake up call. I have never committed a crime, faced prison time, or have had another prior ever since. This cannot be my second DWI, especially where there was a lot of misunderstanding… I’m the type of person that if I create a mistake, I don’t repeat that mistake. Though it is very rare for a human being because we all make mistakes in life, this is not a mistake I would create again after what I faced from 8-9 years ago. I fought for many years to make things right for my life. This is me fighting for my life right now because I will not go down for something I did not do. Do I have a chance of fighting this case?

    Also, I have contacted my audioglist and surgeon regarding my situation with my cochlear implant and the effects if something hits it. I’m suffering from a lot of side effects, which they told me would take a long time for me to deal with because I’m not allowed to go under an MRI, CAT scan, or anything of the sort since I have magnet/metal inside my head from the surgery I had years ago.
     
  2. Zigner

    Zigner Active Member

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    If you refused, then there would be no result as well.

    Based on your own explanation of events, you were showing signs of intoxication.

    You admit to driving after the accident. So, if your vehicle was unsafe as a result of the accident, then you did this.

    That will likely be dismissed once you show evidence of it.

    And then you drove the car in that condition.

    Maybe your buddy had one.

    If they asked for it and you failed/refused to present it, then you could be charged with this. Your subsequent presentation of it might be grounds to have this dismissed.



    You're going to need an attorney, not an internet forum.
     
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  3. justblue

    justblue Active Member

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  4. pas2414

    pas2414 Law Topic Starter New Member

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    I DID...
     
  5. Zigner

    Zigner Active Member

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    Then listen to your attorney. If your attorney is not performing to your satisfaction, then fire him/her and hire a different attorney.
     
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  6. Highwayman

    Highwayman Well-Known Member

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    Attorneys don't "slap charges" on anyone.

    You're not making sense.
     
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  7. Highwayman

    Highwayman Well-Known Member

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    That's a ridiculous statement. Some drunks do not crash.

    Pretty easily I would think.
     
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  8. mightymoose

    mightymoose Well-Known Member

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    So what was your reason for refusing the test? Was it that you had in fact been drinking earlier as you admitted here?
    Nothing you've said here is going to help you much. You should have tested.
     
    Zigner likes this.
  9. justblue

    justblue Active Member

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    pas2414...You might want to consider a new avatar...the one you have now kinda looks like you're peeing into the ocean.

    ;)
     
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  10. adjusterjack

    adjusterjack Super Moderator

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    Might be referring to the prosecuting attorney.

    To make the tide come in.

    Kinda like consuming alcohol and denying impairment even though you crashed your car.
     
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  11. justblue

    justblue Active Member

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    Yeah...kinda like that.
     
  12. Highwayman

    Highwayman Well-Known Member

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    LOL I thought the exact same thing!
     
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  13. justblue

    justblue Active Member

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    lol...I handed my daughter my computer with his avatar up and asked her what it looked like to her. "It looks like he's peeing in a lake or something".

    Hopefully it's just an unfortunate pic and not him really taking a leak. :eek:
     
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  14. army judge

    army judge Super Moderator

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    You don't even have to plead, you can stand "mute" and the court will enter a NOT GUILTY plea for you.

    You are as innocent a little, pure, white lamb (if lambs could be charged with crimes) and are cloaked in the constitutional protection against incriminating yourself.

    If the state charges you, the state must prove their accusations, as no criminal defendant is required to defend himself/herself.

    You can ask the state to appoint a lawyer to defend you (if you are eligible for a public defender, that is), or you can hire your own lawyer.

    I suggest you say NOTHING about this until you have an attorney OFFICIALLY representing you.

    Why?

    Anything you say can and will be used against you in a court of law.

    If you have lost trust in your lawyer, fire her, and hire another, or ask the court to appoint a replacement.
     
  15. Zigner

    Zigner Active Member

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    While technically true, the fact is that if the state presents evidence to show that xyz happened, and the defendant offers nothing to counter that evidence, then the state wins.
     
  16. Disabled Vet

    Disabled Vet Active Member

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    You were drunk..... reason to refuse the blood or breath test. The last DUI you had will show you knew what you were doing. You knew you wouldn't pass these tests. Hire a lawyer as you will need one. Good luck, maybe its time to stop drinking.
     

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