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  1. #1
    Join Date
    May 2010
    Posts
    2

    Default Mitigating Factors fora DUI Charge

    My question involves criminal law for the state of: Kentucky

    I was in Louisville, Kentucky for a concert (alone), had a few beers, and that is the last of what I remember until I was in the jail/police station answering questions regarding my arrest. According to the police report (which I was given upon my release the next day) the officer found me "passed out" in my car which I had parked on the side of the highway near a guardrail with my foot on the break. He said he had to knock loudly on the door to get me to wake up and I was very disoriented and confused, and also had a strong smell of alcohol.

    I have never, EVER been this drunk before, nor have I ever willingly got behind the wheel after being impaired by alcohol. It was suggested by a woman at the station that I could have been drugged...no idea if that was even possible.

    At the station (which was around 2:30 am according to the reports) they gave me a phone book and let me call "my attorney", who is the only person I know in the area (he lives in Cincy) that is a lawyer. Being 2:30 am and I called his home line, it was no surprise that he didn't answer. I was immediately led to a small room where the cop wanted to give me a breathalyzer. I was still VERY disoriented and confused about what was going on, so I kept saying I wanted to talk to a lawyer before doing anything and asking him to give me a minute to collect my thoughts and figure out what was going on. He said "you have 2 minutes to decide" and about 2 seconds later told me he was writing down that I had refused the test. I protested and said "I'm not refusing, I just need a minute to think about it" and he basically said tough shit.

    After spending the worst 16 hours of my life in that cell, my parents finally came, bailed me out, and were sent on our way home (after having to go search for my car on the highway where they left it...no tow/impound lot to be heard of). I have a court date set for the end of June, and I have never been more terrified in my life. I honestly don't know if I could handle having to go back to jail.

    I have tried to do as much online research on this as possible (and have calls out to several law firms in the county in which I was arrested). The only things I can come up with that might save me from serving time in jail:

    1. I wasn't "technically" driving at the time of the arrest - my car was parked, and nowhere on the report was it indicated that my keys were in the ignition.
    2. Could I have been drugged? It seems to be too late to do any kind of blood test for anything, and obviously I *did* have some alcohol in my system, but this situation is far enough out of the realm of something that I would normally do/be capable of that I'm very suspicious.
    3. I never actually refused the breath test and feel like I was not really made aware of my rights and the consequences of the test refusal, nor was I given the "10-15 minutes" to contact an attorney.

    I know none of these are excuses for my actions, and I don't expect to "get away" with this. I am beyond remorseful and would give anything to have that day back and do it over again. Do you guys think there is any hope for me?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,303

    Default Re: Mitigating Factors for a DUI Charge

    1. You don't need to be "technically" driving. You need only be drunk, in your car, with your keys in the car. How do you explain your car getting where it got, anyway? The Booze Fairy picked it up and flew it? Put the "technically" out of your head - clearly, you drove it.

    2. We can't answer that question any better than you can.

    3. Ignorance of the law is no excuse. What is there to think about when told to blow? It's a yes or no proposition, not something you weigh the pros and cons of.

    Do you guys think there is any hope for me?
    What kind of "hope" are you looking for, precisely? That the judge will feel sorry for you and merely waggle a finger and send you on your way? That's wishful thinking.

    Seriously? Get an attorney. With counsel, you may be able to avoid jail, but you're looking at some pretty stiff fines.

  3. #3
    Join Date
    May 2010
    Posts
    2

    Default Re: Mitigating Factors for a DUI Charge

    1. What if I had been drunk, in my car, and tossed my keys out the window before passing out? Alternatively, what if someone had drugged me, driven my car there, threw me in the drivers seat, and left? Obviously the latter situation is very improbable, but not outside the realm of possibility, and as a "law researcher", even for the sake of this posting, you would have realized that before making such a snarky post.

    2. I clearly wasn't asking for the forum members to perform a urine test for rohpynol. Perhaps use reading comprehension and context clues.

    3. There is a difference between ignorance of the law and my rights. Too busy at work to look up a bunch of legalese, but surely you know what I'm saying.



    wow, I am really glad you're not representing me.

  4. #4
    Join Date
    May 2010
    Posts
    1

    Default Re: Mitigating Factors for a DUI Charge

    Missy,

    Is the purpose of this forum to seek and provide legal advice, or is it a venue for you to use your condescending, moralizing nonsense to kick people while they are down?

    Megan,

    Get a lawyer. Soon. Discuss all of these issues with him or her. Good luck.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,303

    Default Re: Mitigating Factors fora DUI Charge

    1) You're grasping at straws. Stop it. If you pull the "what if, what if" in front of the judge, he's going to call you an idiot. I'm not even kidding. I'm really, really not. They don't have the time or the patience for that nonsense.

    When my uncle went to court for his DUI charge, he tried the "what if", too. The judge called him an ignoramus in open court. The judge will not be nice to you.

    2) How are we supposed to figure out what "could" have happened? We weren't there. Speculation on our part? Nigh on as irresponsible as your drunken driving.

    3) You have the right to NOT get behind the wheel of your car at all when you've been drinking. There aren't any loopholes there.

    As I noted before, you need to retain counsel. Do it now.

    wow, I am really glad you're not representing me.
    Well, since I already note that I'm not a lawyer...maybe you ought to try that reading comprehension thing you're so het up about, yeah?

    Scott: This isn't a support group. If you don't like the information we dispense here, feel free to start your own forum and hold people's hands.

  6. #6

    Default Re: Mitigating Factors fora DUI Charge

    Operation of the vehicle is an element of the offense. "Operation" is defined differently in different states. In some states, key in the ignition is enough. I know for a fact that cases have been lost by prosecutors who could not prove this element, so don't lose hope. Consult an attorney.

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