I was involved with in a one car crash. I saw a deer on my left and something pulled the car to the right. I later discovered the car has a recall for steering wheel problems. Anyway the cop took me to the hospital, they took all my belongings including cloths, and said I was .16 over the limit . Eventually I got a request to fingerprint and I did but they wouldn’t allow me to fill in the part for tattoos, scars, etc. I do have two scars on my right foot from a surgery that left my balances off. I told the officer about it ahead of time and he still tried to force me to walk where the wasn’ Even a line on the road. Now my back and neck hurt more than ever and I can’t help thinking maybe he made it worse by try to force me to do something I can’t.
More information is needed to evaluate this situation. You need to search AVVO and consult in person with an experienced and seasoned Pennsylvania Driving Under the Influence (“DUI”) Criminal Defense Trial lawyer in your area. A local DUI Criminal Defense Trial attorney will be more familiar with the lay of the land and tendencies of local Courts and Judges. An experienced local Pennsylvania DUI Criminal Defense Trial attorney can evaluate what evidence, statements or identifications are likely to be admitted at a preliminary hearing or trial. They can also provide an assessment of the consequences and potential fines or sentencing guidelines the DUI involved.
You may qualify to have a private attorney appointed by the Court to represent you. You may be able to obtain some assistance from the public defender’s office. You may want to contact your local Law School and see if they have a Community Legal Aid Clinic, staffed by Law Students but supervised by licensed attorneys. Your local Legal Aid office may assist you for free on a sliding fee scale, depending on your income of assets. Legal Aid offices are staffed with individuals to assist the public with legal questions and the selection, completion and filing of applicable legal documents. These individuals are knowledgeable in DUI law issues. While they won’t always give you legal advice specific to your case, they will give you practical advice on how best to proceed, what forms to file, and anticipated time frames and sentencing guidelines involved. But your best chance at success is to search AVVO and consult with a local Pennsylvania DUI Criminal Defense Trial attorney in your area. Many are former Prosecutors, Judges or have extensive DUI Trial Experience.
This is not legal advice! You need to speak to an AVVO Pennsylvania DUI Criminal Defense Trial attorney who is licensed in your state for legal advice. I strongly recommend you search AVVO and make an appointment with a competent and experienced Pennsylvania DUI Criminal Defense Trial attorney in your area, who can take time to carefully evaluate and explain all options available. This is merely suggestions for you to think about in discussing your situation with the local attorney. To locate a DUI or Criminal Defense Trial Attorney go to https://www.avvo.com/legal-guides/ugc/how-to-hire-a-criminal-attorney.
This is not legal advice and I am not licensed to practice law in your state. You need to speak to an attorney who is licensed in your state for legal advice. This is merely suggestions for you to think about in discussing your situation with the local attorney.
So, you were driving drunk (based on your blood alcohol content, VERY drunk) and - not surprisingly - got yourself into a car accident. The cops came and smelled the alcohol in your breath leading them to believe you were highly intoxicated. They took you to the hospital to have your blood drawn. Now your back hurts from the accident and you are trying to blame the car manufacturer and the cop for the "injustice" of which you were a victim. It is certainly your prerogative to feel however suits you, but the reality is that you are 100% at fault for everything that happened to you because you were driving drunk. No, it is not "I understand my part, but..." There is nobody else's part but your part. You have been or will be charged with the highest tier of DUI and you cannot sue the police department or the car manufacturer for your injuries. Get treatment for your back, but most importantly, get treatment for your drinking problem, because if you don't, next time you may end up killed or you may kill someone else. If you think you can drive safely at 0.16 BAC, you need to look back at your actions and delusion that the "something pulled the car to the right" which caused the accident. To answer your question, it is inconsequential that the police officer said you refused the breathalyzer because you submitted to the chemical test. Had you refused the chemical test, that would have been a one-year automatic drivers license suspension by PennDot in addition to any suspension by the Court for your DUI. The lying cop defense is usually not persuasive in court. If this is your first criminal offense ever, you are eligible for ARD. Speak with a criminal defense attorney in your county if you have not done so yet and follow your attorney's recommendations. Good luck in starting a new SOBER journey in your life!
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