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A family member of mine was in a car accident after having fallen asleep at the wheel. It was at night, had no witnesses, there were no other passengers. The police want to charge him with:
- OUI: 90.24L
- operating to endanger: 90.24
- marked lanes violation: 89.4
I don't understand how any of these can stick. The police did not perform any field sobriety tests. He was not witnessed operating. For all they know, he drove his car safely and properly to the scene of the "accident", got out, and then took a sledgehammer to the car to make it look like a crash.
This person has no criminal record and a perfect driving record. Should this be able to be dismissed by any reasonable lawyer worth his salt, or am I otherwise completely deluded here?
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