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

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.

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Attorney answers 7

Posted

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)
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Christine Marie Heckler

Christine Marie Heckler

Posted

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.

Scott Matthew Aaronson

Scott Matthew Aaronson

Posted

I agree with Christine, that is yet another defense to your OWI. There are plenty of ways that would make this much easier to defend against compared to a typical OWI.

Posted

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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Christine Marie Heckler

Christine Marie Heckler

Posted

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.

Posted

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 appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .

Christine Marie Heckler

Christine Marie Heckler

Posted

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.

Posted

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

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

Christine Marie Heckler

Christine Marie Heckler

Posted

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.

Posted

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 with me or my firm and such a relationship will not be established unless and until you personally retain me or my firm to represent you.

Posted

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 your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com

Posted

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 between us until an engagement agreement has been fully executed by both of us. There may be statute of limitations issues and other factors that may impact your legal rights and remedies. The information provided is for educational purposes only and is otherwise not to be relied upon for any purpose.

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