Need advise on a very strange but unfortunate incident. Your help is appreciated.

Asked over 1 year ago - Saint Clair Shores, MI

Me and my girlfriend live on a lake which is our private property. To make a long story short, she was driving a car that I own along the water when we hit ice and went into the lake. She was slightly injured so I had to call for help to get her out of the water. I told the police that I was not driving but did not want to implicate my GF who had also been drinking. She on the other hand stated that she was not driving. Since it was my vehicle and I had a prior eight years ago they assumed it was me and performed and breathalyzer/blood test which I failed. I was not arrested and no ticket issued. My blood came back from the lab a month later and the detective waived the warrant and just told me to look for an arraignment from the court. What are my options? I don't want my GF in trouble.

Attorney answers (7)

  1. Scott Matthew Aaronson

    Pro

    Contributor Level 13

    9

    Lawyers agree

    Answered . You need to get a qualified criminal defense attorney at once. The Issue here is an identity issue. Your girlfriend should get separate counsel. Although she admits to drinking to you, since no field sobriety tests were performed and no blood was taken from her, it is really difficult to determine whether or not she was intoxicated.

    Do you have witnesses that saw her do it? Again, you need to get an attorney ASAP. Certain evidence must be preserved ASAP.

    -Attorney Scott Aaronson
    Criminal Defense Attorney
    877-I-CAN-WIN (24/7)
    Direct: 248-956-1165
    Free Consultations

  2. John F. Brennan

    Contributor Level 19

    6

    Lawyers agree

    Answered . You will need a criminal defense attorney to assist you in this matter. If you were not driving, and never admitted driving the prosecution is going to have difficulty proving you were in violation of the law. On the other hand you are going to have difficulty protecting your girl friend.
    As a second drinking and driving is very serious you should call for an appointment and engage an attorney now.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an... more
  3. David J. McCormick

    Contributor Level 20

    7

    Lawyers agree

    Answered . Well your GF did not step up to the plate and tell the officer that she was driving, so I would concentrate on getting yourself out of this mess. Time to come clean and see what happens in court. I would also call a local criminal defense attorney to discuss your legal options before going to court.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Bottom line is that you will need a good criminal lawyer to defend.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  5. Michael J. Olson

    Contributor Level 11

    3

    Lawyers agree

    Answered . Call attorney Aaronsen. He knows what he is talking about. Do not wait and do not talk to the police until you have talked to an attorney.

    So there is no misunderstanding, my answer to your question does not establish an attorney/client relationship... more
  6. Christine Marie Heckler

    Contributor Level 16

    3

    Lawyers agree

    Answered . In addition to the answers you already received I would add that you and your girlfriend may have another defense that would cover both of you. You stated that the accident happened on your private property, but the law states that a person shall not drive intoxicated "upon a highway or other place open to the general public or generally accessible to motor vehicles." If you were "off-roading" on your own property I think you have a pretty good defense.

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of... more
  7. Joel B. Sklar

    Pro

    Contributor Level 8

    Answered . First, you need to find a good criminal defense lawyer. Second, telling the truth is (as are parents always told us) the best policy.

    Please be advised that there is no attorney-client relationship between us. No attorney-client relationship exists... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,048 answers this week

3,082 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,048 answers this week

3,082 attorneys answering