Re: Fiance got a nonsense DUI charge.
Posted by Kevin on 5/15/08

Dude, I call BS.
1) If her and her friend were going to get the car out of the
ditch, and she told a cop what had happened and that it
happened 5 hours earlier, why would the cop give her a field
sobriety test unless he suspected something.
2) Even if the cop was just being a dick, if she blew anything,
regardless of whether it was under or over, more than 5 HOURS
after the incident happened, she had a lot more than two
glasses of wine and, IMHO, deserves a DUI

On 5/11/08, O Gal wrote:
> The charge is "Driving Under the Influence of Intoxicants",
> not "driving over the legal limit for alcohol". If there was
> an intoxicant in her blood stream, regardless of the level,
> she can be charged with DUI. Some people can appears sober as
> the day is long on half a bottle of vodka. Others are tanked
> on half a beer.
>
> In your GF's case, the arresting officer determined that she
> drank alcohol and that it impaired her driving. She will need
> a lawyer to prove that the alcohol in no way impaired her
> driving when she ran off the road.
>
> Good luck.
>
>
>
> On 5/11/08, Matt wrote:
>> So my Fiance was driving home from a friend's house last
>> night where she had two glasses of wine. On the way home
>> someone pulled out in front of her and she swerved to miss
>> them and ended up in a ditch. I work in the inland oil
>> production field and am 35 miles off shore when I get a call
>> from her telling me what had happened. The first question I
>> asked her was, "Have you been drinking?" She told me that
>> she had two glasses of wine and that was all. I told her
>> that being so far away I was pretty much helpless to the
>> situation at hand but that I would make some calls to see if
>> I could find anyone that could help get her out of the
>> ditch. At the early hour I could not. So I called her back
>> and told her that it was imperative that she call a tow
>> truck to get her out before the cops came (knowing they were
>> going to give her a sobriety test.) She said she would and
>> swore to me she nor the car was hurt and she was calling a
>> tow truck. I told her if she needed anything or if there was
>> anything possible I could do to help to call me back. I woke
>> up this morning and called her phone which went straight to
>> the voice mail. I knew that wasn't a good sign so I waited a
>> few minutes and called back. On my third attempt when I was
>> leaving a message I got a call on the other line from her
>> mom, "Christina is in jail." Apparently she didn't call a
>> tow truck like I told her too. Instead, one of our friends
>> told her that he would help her in the morning when the sun
>> came up. When she walked back to the car 5 hours later there
>> was a cop waiting. He gave her a field sobriety test just as
>> I knew he would and then brought her to the station to blow
>> in the breathalizer, which she did. She blew UNDER the
>> limit, but yet she was still cuffed and brought to jail.
>>
>> Is this right? Can they even do that? She had two priors in
>> San Diego where she is from would that have had something to
>> do with it? So now she is charged with a DUI, ad is
>> apparently looking at a felony charge for a third
>> conviction. She was not in the car when they showed up, it
>> was stationary, it had been there for a long period of time,
>> and then when brought to the station she blew a normal
>> level. I need peace of mind for her because she is
>> depressed, crying, I keep telling her I will talk to the
>> D.A. and if he wont do anything then we will fight it and
>> win, but will we? Is this as ridiculous as I think it is or
>> am I just thinking this way because it's someone I love?
>> What should my course of action be? PLEASE HELP!

Posts on this thread, including this one

• LA: Fiance got a nonsense DUI charge., 5/11/08, by Matt.
• Re: Fiance got a nonsense DUI charge., 5/11/08, by O Gal.
• Re: Fiance got a nonsense DUI charge., 5/15/08, by Kevin.