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Arrested in my house, no witnesses seeing who the driver was, hit and run

Sierra Madre, CA |

i was arrested inside my house, the police jumped my gate and came all the way up to my room to arrest me, my car was involved in a hit and run down my street. My father told the officers he was driving but they told him that they can arrest him for tempering with evidence. However NOONE saw exactly who was driving the car, i live in a small city and basically all the cops know me by name and know that i sometimes drive my fathers car. i told them multiple times that i was not the driver but they took me in anyway and gave me a bac and breathalyzer test. Now i got a ticket that states that i am going to be charged with a dUI a BAC of 7.08 and a hit and run...what can i do? please help! i am 21 btw and have witnesses that can verify me being home at the time of the accident

my father has a breathing asthmatic problem he couldn't breathe it was either he waited for the ambulance to come or drive 2 houses down to grab his inhaler, so he pulled up infront of our house pressed the SOS button in the car and ran inside to grab his inhaler

Attorney Answers 6

Posted

7.08 is quite a BAC. You should immediately consult with a criminal defense attorney in your area. You indicate a number of things including witnesses that should be helpful, however I reiterate you should immediately consult with a local criminal defense attorney.

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Posted

When you are being charged with a crime, you need to hire a criminal defense lawyer. I do not handle criminal cases but want to emphasize the importance of hiring good defense counsel. You are young and likely just getting started in the working world. I have heard that an employer, as part of a potential employee background check, will pull a driving record and/or criminal record. If there is a conviction for drunk driving, it may hurt your chance of getting a job. Hire yourself a good criminal defense lawyer.

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2 comments

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

contact a criminal defense lawyer immediately and do not say anything.

Robert Max Klein

Robert Max Klein

Posted

Excellent advice. I was just reviewing some recent verdicts and saw a case where the defense found comments on social media sites and contradicted statements made by plaintiff. Jury returned defense verdict.

Posted

This factual summary doesn't add up. BAC levels of .45% and higher are fatal. http://www.intheknowzone.com/substance-abuse-topics/binge-drinking/blood-alcohol-concentration.html

In all events, you need a lawyer.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

Sounds like you may have some good facts. I would tell you to contact a qualified attorney to represent you, so that you will get the best result possible. I wish you well.........David Wallin

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Posted

I agree that your story does sound like you would have a good defense to the charges filed against you. I would definitely recommend hiring an attorney though as you really do not want to do this by yourself. I think you meant that your blood alcohol level is 0.08 though as it is physically impossible to have anything over 1.00 and your likely dead at .45.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.mdrmlaw.com for more information about my services.

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Posted

I presume you wish to defend this case through trial if need be. Even though the burden of proof is on the prosecution, you will have to prove your affirmative defense to the jury's satisfaction so they cannot find you guilty beyond a reasonable doubt. For that you will need all your witnesses available, a cohesive defense strategy and a private attorney who can aggressively represent your interests.

I would be happy to chat privately with you. The consultation is free and carries no obligation. Call me at 213-324-4206.

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