My question involves criminal law for the state of: North Carolina
I was new to NC and still learning my way around. I decided to turn down a road I had never been on to see where it went... I got hopelessly lost and had no idea where I was. My phone died and I did not have a charger with me, it was getting dark and the road twisted and turned and was two lanes completely covered with trees. The car ahead was in the middle of the road like they were going to turn, they swerved back into my lane forcing me off the road into a ditch in front of an abandoned church. My car went node down into the ditch, as I attempted to get my wits about me a set arms reached into my car and I paniced got the car out of the ditch and drove it about 300 feet through the dirt to a gas station where I parked it. I have never been so scared in my life. I looked down and my daughters stuffed animal was on the floor of the passenger seat, all I could think of were the arms and the elephant, and holy shit where is my kid! Afraid the guy was still after me I frantically tried to get out of the car, but I could not as the seat belts locked up. also on the floor was a container I had put vodka in as I was going to spend the night at my sisters house. I grabbged the container, chugged it, and talked myself through getting the seat belt off. I got out of the car and ran to the first person I saw, told them what happened they called 911 and we waited for police. By the time they got there, the alcohol was soaking in. As I calmed down and was no longer in shock, I remembered where my child was. I was not drunk while I was driving, I was drunk after I got out of the car. I left everything in the car and got into an ambulance as I was told. I was arrested for DWI two hours later they drew blood and my bac was 2.6. To have had a BAC of 2.6 then I would have been close to death while driving.
I do not drink a lot, and certainly was not out having a good time.
I was tried and convicted in district court, and filed a notice of appeal. The police officers lied, they contradicted themselves, and claimed to be experts about things that when I reasearched them found they made gross errors in their testing. Most of their testimony was presumtive and speculatory. My layer who questioned nothing, is advising against the appeal as the judge let me off really light. I do not want this on my record as I am not guilty of it. CAll me niave but I am one of those people who still believes that the truth will prevail. The lawyer is a friend of the family so I either need to do his work for him or create more problems. Can anyone help me with case law here?
No one saw me driving or in the car.
I had no intention of attempting to drive the car and did not have the keys on me.
I was not near the car.
The officers claim that they inspected the car and there was signifigant damage to the front end. They claimed there was no other damage on the car.
And they claimed my car was free of any personal effects. I have no idea whos car they were looking at. It cost me $400 to repair the damage to the front end, the driverside door has been damaged and is a totally different color than the rest of the car and has been that way for a long time. I was going to do tile work at my sisteres and my car was packed floor to ceiling with toolls and tile, most of which ended up in the front seat. They claimed that they knew I was driving drunk because the hood of my car was still warm? Given that it was over 50* and I had been driving around lost for over an hour, and I cracked the radiator in the ditch... I am pretty sure that engine was probably still warm for many hours after it was towed away.
Advice?? suggestions??? referralls??? Help!!!

