Vehicular Assault Charge Without Proof

**Another Demise** · 02-10-2008, 04:58 PM

my friends mom was involved in an auto accident a year ago in blount county. the local court is trying to say she was DUI during the wreck. Local charges were dropped but the state pckred it up. The woman injured has not pressed charges or shown up here, what does that mean for the case? The investigator is also saying she was drunk at the time due to a 0.5 reading taken at six o clock. the wreck was at 3 15. Hes trying to say if he had taken right then she would had been drunk. Was he obligated to take it then, what does the late reading mean for her, and does that actually prove anything since she could had drank later? she also might had been impaired due to seizure medication she must take, what can a doctors excuse do for this case? If that is raised at all that is. The trooper who was tere will not show up for court either what does that due for her case? And eenthough she did have beer in the car it had not been opened at all. Could its presence period be an issue?

Please when you answer tell me what your back ground is, Cop, Judge, Lawyer, someone in a similiar mess. Think you.

jk · 02-10-2008, 05:06 PM

The woman injured has not pressed charges or shown up here, what does that mean for the case?

nothing. the stae presses charges, not an individual and this is not something an individual has anything to say about.

The investigator is also saying she was drunk at the time due to a 0.5 reading taken at six o clock. the wreck was at 3 15. Hes trying to say if he had taken right then she would had been drunk.

.5??? and she was conscious? Wow!!

she also might had been impaired due to seizure medication she must take, what can a doctors excuse do for this case?

You didn;t mention the state (I have no idea where Blount County is) but is many states, being impaired because of medications is still DUI or some other similar charge. A doctor will tell you not to drive whn under the influence of most drugs so anything the doc says will not make a diff.

The trooper who was tere will not show up for court either what does that due for her case?

Yes he will. It is not up to him, it is up to the prosecutor and if the prosecutor wants him there, he will be there.

Please when you answer tell me what your back ground is, Cop, Judge, Lawyer, someone in a similiar mess.

just a nosey citizen

she needs a lawyer.

**usedbranflakes** · 02-10-2008, 07:47 PM

Don't ever think a State Trooper will not show up to court. Speaking as a former Criminal Justice major I can tell you that all of the states that I know about pay a Trooper time and a half for overtime and there is always overtime involved in court. Some Troopers even change shifts with other troopers so that they can cover their required road time for the month because they were involved in court appearances.

For someone who makes a $40k base and does DUI patrols at night, they can make time and a half and doubletime (over 60 or 80) by working their night beat and attending DUI courts in the day.

Some troopers make over $100k a year through this "racket."

MADD will make sure that he is in court.

You need a good defense attorney and a good retrograde extrapolation expert.

As for the medicine, any "impairing substance" whether prescribed or OTC counts in most states as DUI

rugs or DWI

rugs. ...and the problem is that there is rarely a defined PPM threshold for impairment with drugs and thus "any" becomes the standard. Hell, for that matter 0.08 is actually a low standard compared to all of the studies out there. Most government studies find 0.11-0.12 to be impairing and frequently reference 0.15 as legally impaired. ...but MADD and their $50MM bankroll say otherwise.
...a word means what I say it means.
Within the coming years we will see 0.05 (what I think you really meant) as impairment and then 0.00, or ZERO tolerance, and a new era of prohibition. Likewise, 0.00 will become the standard for public intoxication. It is even possible to get arrested for DUI:Alcohol with a 0.00!

**Another Demise** · 02-11-2008, 12:06 AM

yea i meant 05 not 5 but she was actually wondering why the trooper or deputy did not show the first few times. and does it help that the case was dropped before? and was it a bad move for them to take the test on her so late? and im not sure if the drugs for seizures was in her system, maybe not. I still want to know her odds with ths week evidence and this is tennessee

**Another Demise** · 02-12-2008, 01:49 AM

should she plea guilty with evidence this weak like the investigator wants or what guys?

**aaron** · 02-12-2008, 05:10 AM

She should consult a criminal defense lawyer.

**usedbranflakes** · 02-12-2008, 02:03 PM

To add to what Aaron said, I highly recommend a criminal defense lawyer who is experienced in DUI defense. There is a National College for DUI Defense. Any good criminal defense attorney who practices DUI defense has likely been through the classes, seminars, lectures, and labs offered by the NCDD. Not everyone who has been to this school is a good DUI defense attorney or good criminal defense attorney.

Your friends Mom

Most likely the officer was called by the DA and told that they did not need to show up OR they called the DA and asked for a continuance because they had another trial.

...and when her attorney enters the plea on her behalf with her QUIETLY standing next to him/her a trial date or sentencing date will be set. In most cases the attorney is going to enter a not guilty plea, contact his/her attorney buddy in the DA's office and start the discovery process, and then work with the DA's office to set a trial date on the trial calendar or attend the next trial date and request a continuance. It can take several months for all the evidence requested to trickle in. It took me 5 months to get a copy of my DUI report and we had 2 different versions once we got to court and one of the 2 versions was the original!

That having been said, it is likely that with a not guilty plea and discovery performed by the crminal defense attorney she might not see the officer in court. They are never there for the Monday "calendar calls" but they most definitely are there for the scheduled trial.

Two pieces of advice...
Interview several criminal defense attorneys experienced with DUIs and accidents related to DUIs.
Hire that attorney before the trial date.

If you can't get an appointment before trial have your mom respectfully ask the judge and DA if the case can be continued as you have an appointment to interview attorneys (have the names ready and the date/time of the appointment if the judge asks; I have seen them instruct the clerk of the court to call during session and heard of them calling the attorney after court or talking to the attorney (remember that law is a big cigar club...they all know each other). I have also seen them ask the attorney if they have an appointment with the defendant. Most attorneys will check for his/her honor and get back. Sometimes they have to wait until after calendar call as the judges like to keep this moving. They may also hold over calendar call if someone mentions that Attorney X is their attorney and Attorney X is out in the hall.

...and if the person lied they sweat until the attorney is back and has the information. The judge can usually read the attorney's face and tell what the reaction was from the secretary and will let you sit and stew. For this reason, most attorneys will go out in the hall with their potential client and talk to them. I have heard one of those conversations; the person had been given the name but never set an appointment. I don't suggest trying this tactic as it could end up badly.

Call the lawyers and set the appointment. Let them do their job. Expect to pay a good lawyer $5000 minimum for this type of case.

**usedbranflakes** · 02-12-2008, 02:09 PM

...and let me ask a few questions...
Who does the investigator work for?
Who does the DA/Prosecutor work for?
Who does his/her Honor, the Judge, work for?
For whom does the Trooper work?
Who pays the jury their $10-$35 daily stipend?
They all work for the State or the Court and the jury is paid by the State or the Court.

The *only* person on your side in a court of law is your lawyer. They will provide legally competent representation. The better the lawyer the more expensive. Trust me, I had a good DUI lawyer and a great DUI lawer.