Can this case stick?

Guiseppe · #1 04-13-2008, 08:34 AM

Last night I was walking out of a lounge to my truck to get some cigarettes after having some drinks and was confronted by two men that accused me of hitting their truck. I hadn't moved my truck in some time, there was no damage on my truck (at all, and in particular not relative to where they said I'd hit their truck). They told me they wanted cash from me or they were calling the cops. Since I hadn't moved my rig, I wasn't about to say anything to them, and the cops were called. Turns out I wound up getting popped for DUII, and my truck was impounded.

While there's the whole other argument about I shouldn't have been drinking/driving, that's not what I'm aiming for here. The question I want to get answered is that since I was NOT in the truck, was NOT driving, there was NO proof (aside from these two men that barely spoke english) claiming that I'd hit their vehicle, can this case stand up in court?

I'm retaining a lawyer tomorrow morning and planning on fighting this in court.

BlackLake · #2 04-13-2008, 08:42 AM

What evidence are the cops basing the charges on?

Did those guys say they saw you do it?

Guiseppe · #3 04-13-2008, 08:45 AM

The cop wouldn't address that. I wasn't charged/questioned about the accident, only w/ the DUII. I'm assuming they said that they'd seen me driving.

**tommyr01** · #4 04-13-2008, 08:49 AM

The DUI laws might be different from State to State. Here in Arizona, with the info that you have given, the charges would not stick, I'd be surprised if you would have even gotten charged. In Az, you need to be in physical control of the vehicle. Our courts here have defined that with examples such as: holding the keys and being in the vehicle (in physical control). In your situation, where you went out to grab something, I would think might be a circumstance where you would not have been charged. Typically, the DUI laws are pretty stringent, at least here they are, and the arrest would not be made w/out those specific criteria being met.
IMO, I don't think it will stick, but your lawyer is more the expert in the matter.

BlackLake · #5 04-13-2008, 08:54 AM

So there were no charges towards hitting their truck, only the DUI.

Get a lawyer. I'm pretty sure the cops will have to prove you were driving, was your motor running when they got there. Can any friends back up your "just went out for a smoke / didn't move the vehicle" defense?

Also, make sure that you address to the court the above, and say that your intention was to leave your vehicle there overnight and take a cab home.

They still have to prove to the court that you were infact driving AFTER you had been drinking. I watch a lot of court TV, and have seen some pretty weird stuff stick.

Geoff St. Germaine · #6 04-13-2008, 08:56 AM

It obviously depends on how the law is worded. My friend's brother was charged and convicted of DUI for going out to his car at a party to get a CD. He had the keys and opened the door of the car and got in while intoxicated and according to the law that was enough to convict him. He was able to get a reduced sentence based on the situation and having a alcolock installed in his car.

Guiseppe · #7 04-13-2008, 08:59 AM

Quote:

Originally Posted by BlackLake

So there were no charges towards hitting their truck, only the DUI.

Get a lawyer. I'm pretty sure the cops will have to prove you were driving, was your motor running when they got there. Can any friends back up your "just went out for a smoke / didn't move the vehicle" defense?

Also, make sure that you address to the court the above, and say that your intention was to leave your vehicle there overnight and take a cab home.

They still have to prove to the court that you were infact driving AFTER you had been drinking. I watch a lot of court TV, and have seen some pretty weird stuff stick.

My motor wasn't running, and I wasn't in the truck. I'd actually walked out and went next door to the bank to the ATM (to avoid ATM fees), with the intention of walking across the street to the convenience store there to buy some cigarettes. After I got the cash, I remembered that I'd had another pack in the truck and was walking back to get them when I was confronted (and shaken down) about supposedly hitting their truck. I never unlocked/got in/started/moved the truck, and I wish that I'd asked the officer to feel the hood of my truck and validate that it wasn't hot.

Guiseppe · #8 04-13-2008, 09:01 AM

Quote:

Originally Posted by Geoff St. Germaine

It obviously depends on how the law is worded. My friend's brother was charged and convicted of DUI for going out to his car at a party to get a CD. He had the keys and opened the door of the car and got in while intoxicated and according to the law that was enough to convict him. He was able to get a reduced sentence based on the situation and having a alcolock installed in his car.

The Oregon statute is "The police had reasonable grounds to believe, at the time the request was made, that the person arrested had been driving under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance."

**tommyr01** · #9 04-13-2008, 09:04 AM

If you didn't unlock/get in to your truck, I really don't see what grounds they had probable cause to make the arrest. I still stand with my opinion that the case won't stick....at least I hope it doesn't

Madness · #10 04-13-2008, 09:21 AM

That's pretty shady. Cops can just pop you for a DUI for running out to your truck and (say, for instance) grabbing your insulin so you don't die? That's wrong...

i_got_a_mohawk · #11 04-13-2008, 09:46 AM

I dont see how it could stick. But im not familiar with US laws.

All I know is that that is harsh

Good luck!

peterbright · #12 04-13-2008, 09:53 AM

But you planned on driving drunk later?

BlackLake · #13 04-13-2008, 10:16 AM

As you mentioned earlier, I would have opened my hood and asked the cops to find any heat.

Hindsight is 20/20.

Guiseppe · #14 04-13-2008, 10:40 AM

Quote:

Originally Posted by peterbright

But you planned on driving drunk later?

Although I won't claim that I haven't done it, I almost always will get a ride with someone or catch a bus/cab.

BlackLake · #15 04-13-2008, 11:02 AM

Quote:

Originally Posted by Guiseppe

Although I won't claim that I haven't done it, I almost always will get a ride with someone or catch a bus/cab.

Respect.

Guiseppe · #16 04-13-2008, 11:14 AM

Thanks. I'll be the 1st to admit that this opened my eyes to the problems/possibilities/consequences to driving/drinking. I definitely will have it on my radar in a BIG way from now on.

IanStephenson · #17 04-13-2008, 12:19 PM

In the UK the law there's secondary offense of drunk "in charge" of a motor vehicle, as distinct from driving or attempting to drive. It carries lesser penalies (DUI is an automatic ban over here), but you don't have to be driving, or even showing intent to drive. There are a few stories of guys getting hammered, and sleeping it off in the back seat of their cars, only to be woken up and charged.

If you were with your car, and had the keys you were drunk in charge.

Of course your laws will be completely different.

Ian

Pilgrim · #18 04-13-2008, 12:27 PM

I don't think there's any way they can prove you were in your car or operating it. I suggest a healthy dose of internet research into the laws in your state. Hiring a lawyer would probably work, but it won't be cheap.

Guiseppe · #19 04-13-2008, 02:54 PM

Quote:

Originally Posted by Pilgrim

I don't think there's any way they can prove you were in your car or operating it. I suggest a healthy dose of internet research into the laws in your state. Hiring a lawyer would probably work, but it won't be cheap.

I've already retained an attorney and have an appointment with him in the morning. I've already talked to the bar and had them make me a copy of the parking lot surveillance tape that verifies that my truck wasn't moved from the time that I arrived there.

knarleybass · #20 04-13-2008, 02:58 PM

wow,
I am subscribing to this thread, I am really interested in knowing how it turns out.