I was drinking and blew a .28. I was in a wreck and I was in my car. I had broken my neck and the cop did not take me to the hospital but to the jail to process me first. Then he took me to jail.then the Doc said I could have been paralyzed after putting me through a ct scan and now I am in a neck brace for 3 motnths. The thing is I was not driving mymy car but a guy I met at the bar. I have no proof he was driving because he had got out and ran. I don't know the guy and when the cops arrived I was nit in my car.so I cannot prove I was nit driving. What should I expect when I go to court?
You should expect that they are going to be prosecuting for DUI, and perhaps DUI with Injury if anyone else was alleged to have been injured. You should also expect to have a separate DMV proceeding where DMV will be seeking to suspend your license. This notice of revocation will be sent registered mail to address on your license in about 3-4 weeks post arrest date. If address is not correct you will need to get corrected ASAP with DMV to insure getting it and being timely responded too in order to timely invoke right to fight/challenge that side as well. In short, what you have set forth are your defenses to charge of DUI but doesn't take away from need to hire competent dui defense counsel and fight their attempts to prosecute criminally and suspend license. Also sounds like a civil attorney consult for treatment received in order as well for possible civil law suit against police department. Sincerely, Harley O. Wagner, Esq. - WestVirginiaDUILawyers.com
I agree with Harley, you need to talk to a qualified DUI attorney immediately and get him involved in the case as early as possible. Make sure you speak with someone who truly knows DUI defense, and is not just another thing they handle along with divorces or civil suits, etc. Should you have any further questions, please feel free to contact my office at 304-933-9883.