How do i handle this I was given a civil complaint and I don't think it was my fault but i was charged with DWI Misdem?

Asked over 4 years ago - Albuquerque, NM

I was in an accident that was not my fault but,I was also under the influence and I wasn't the cause because I had the right of way and the car that hit me was going to run a stop sign but,seen me coming and I stopped because I thought he was going to go! I ended up hitting his front car and now they are putting a complaint for 9,500 US dollars but they got to drive home in their vechicle and their were no witnesses that seen what had happen. I lost my car and my licsense and now have to go to court for my DWI that was my fault but the accident was not! I couldn't file a claim because I was arrested.What do I do?

Attorney answers (3)

  1. Victor Wallace Carmody Jr.

    Contributor Level 14

    Answered . The answer to your question requires tha advise of two Attorneys.First make a claim on your insurance and let your insurance Attorney deal eith the civil action(suing for money damages/or defending against the claim filed against you.Second go to www.ncdd.com -link to find a Lawyer to find a DUI Attorney near you,and consult the Attorney about your charge. The initial consultation is usualy free so you have nothing to lose.


    Victor Carmody

  2. Joseph A Blaszkow

    Contributor Level 15

    Answered . You should immediately report this to your insurer; they should defend you on the civil claim. Good luck.

    The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.

  3. Sam Louis Levine

    Contributor Level 14

    Answered . If you have been sued & served /w a civil lawsuit, you need to immediately notify your own car insurance company so that they can hire counsel to file an answer & defend you. There is a time limit to file an answer, so act right away. You also need to hire a criminal defense attorney to represent you in the DUI.

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