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  1. #1
    Join Date
    May 2008
    Posts
    3

    Default Garage DUI With A Friend Driving

    My question involves criminal law for the state of: Nevada

    I was at a going away party. I WAS Drunk! I knew I was unable to drive so I called a friend who is a police officer. He told me that he was unable to pick me up and to call a cab. In the mean time a friend (acquaintance), walked out of a restaurant next to the place where I was partying. She got in a fight with her boyfriend and was heading in the same direction as my house and said she would drive. I got in the back seat to lay down and she drove me home. She did not seem drunk to me but I was in know shape to judge. On the way to my house I guess she was not driving very well and a civilian called the police and followed the vehicle (which was not registered to me). Apparently she passed my street and had to turn around. She opened my garage door and pulled in immediately shutting the garage door. We both exited to the vehicle (me out of the back seat). The civilian witness said that he was parked outside on the street and could see in through the window (while sitting in his car). I had my purse in hand (no keys in the ignition) went to the drivers side and retrieved my cigarettes, at this time there was a policeman at the window (garage lights still not on, only the glow of the garage light. Someone knocked on the window and the garage door (window had vertical blinds not all the way open). I proceeded to go to the other side of the garage where I turned on the lights and open the garage door. There was a cop in the driveway and I asked him if there was something I could do for him. He asked me to step out of the garage which I did. He then asked me if I had been drinking and I said YES. He then said that I needed to take a sobriety test and I asked him why. He said because I was drinking and driving. I told him "NO, my friend was driving, not me". He asked where my friend was, and I told him I did not know I went to open the garage door to see what you needed. Mind you they never called out nor searched for my friend. Still thinking this was all a misunderstanding, I told the cop that I had to use the restroom and I turned towards the house. He then grabbed me, put me in cuffs and told me I would have to do it in my pants right there in the driveway, and I did!! I was so embarrassed and then knew I was in trouble!! At that time he told me I should not of drove and I told him "I wasn't driving", he had me blow and it was a .16. They then put me in the patrol car and took me to the jail for booking. They asked me to blow again, and I refused and asked them what for? They said because you are being arrested for a DUI, I was the aggravated exclaiming that I was NOT driving. They then took blood!!

    I have tried to get a hold of the friend and can not find her!! All I have is a first name, no phone number NOTHING!!!! She left me to take the fall!!!!

    In the mean time I have the police report. There are inconstancies and LIES!! One cop said that I was "Steadfast on my denial of driving", the other said "She admitted she should not be driving". They also simply put "She urinated herself", not mentioning that I was MADE to and not allowed to use restroom! They said they spoke to my friend the police officer, and he said "She was drunk and I offered her a ride", this also was NOT TRUE! One policeman said "She resisted arrest and was afraid for her safety and my own". I NEVER resisted arrest I did however demand that I was NOT driving the vehicle. They never got the registration out of the car nor the insurance. They did retrieve my purse.

    I wish I could show you the police reports.

    How can I prove myself innocent with the lies told by the arresting officers and the civilian who stated that he seen a blond get out of the drivers seat? My so called friend also has blond hair & approximately same height. I am being sent down the river!!

    My court date is June 24th and this would be my SECOND dui conviction within a 3.5 year period. However this time I am innocent!!. I learned from the first one and would NEVER drive drive drunk again after attending the "Impact Panel". This is devastating to me and perhaps my new job.

    Please help!!!

    Julia

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Garage DUI - Friend Driving

    No police officer is going to let a drunk turn on her heel and walk into a house.

    They don't know if you have a weapon or a dog in there that could make the situation go bad in a hurry.

    Now then. You had a friend that you don't know past a first name drive you home in your car. Then, when the police showed up, that friend vanished.

    You are surprised that the police didn't put out a perimeter search? YOU don't even know what the person's name is.

    Sorry to say, but it would have sounded like a story to me too.

  3. #3
    Join Date
    May 2008
    Posts
    3

    Default Re: Garage DUI - Friend Driving

    Yes I do know her name, it is Shelly. I do not know her last name and I have been trying to find out. I know at one point she worked at a local casino as a cocktail waitress (she told me). I met her a few times. Bad judgment I know!

    This is America, they could have escorted me in the house to go to the restroom, c'mon now. Then for them to put in report that I just urinated myself.

    The reports from the 2 police and the civilian are contradicting to say the least.

    They never searched the house nor the yard and house, YES I would expect that. She was there. I turned to open the garage door and turn on the light. I have no idea where she went.

    Not only that they police lied about what my friend who is a police officer said. Why would I call Mark for a ride then refuse the ride home???

    I have the upmost respect for the police, but not for those who will do anything to make an arrest.

    CyJeff...are you a cop? Kinda sound like one.

    I learned from my first dui. The impact panel did that to me. I do not drink but perhaps 4 to 5 times a year and when I do I NEVER drive!!!

  4. #4
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Garage DUI - Friend Driving

    I never said you lied. I just said I could understand the actions that you underwent.

    Do you have any idea how often a police officer hears "I wasn't driving. It was someone else. Really. No, I don't know the real driver's name, but I think she works in a bar."?

    I am not trying to be mean.

    Furthermore, they don't know you from Adam's housecat. When you are being questioned by the police, it is never a good idea to make the decision to leave and enter the house.

    Police officers want to go home safely every night. Having someone run into the house makes the chances of that go down considerably... even if YOU knew that the most dangerous thing in that house was your stuffed cat Mr. Boo Boo.

    They didn't mean to make you urinate yourself. They just couldn't let you go into the house.

    And now that you are cuffed and peeing yourself, you want them to leave you and do a search?

    Nope.

    Fight it in court. Maybe the judge will believe you. maybe you can find Shelly and maybe you can find someone that saw Shelly drive your car or get Shelly to admit that SHE was the one driving drunk.

    I am just saying that the "mystery driver" defense doesn't work very well.

  5. #5
    Join Date
    May 2008
    Posts
    3

    Default Re: Garage DUI - Friend Driving

    I do have friends that seen Shelly drive away in the car, they would not allow me to drive. So do I get written statements from them?

    At that point I could have peed in a bush, I am a country girl, no problem with that!!

    What about the part that the police lied about what my friend the police officer said? I mean really why would I call him for a ride and then refuse it?

    Thanks Jeff, perhaps you are not so bad. I am going to take pictures to show that it would be very difficult to identify the driver of the car from the distance the civilian or policeman were in, it was approximately 11:00 P.M and no street lights, only the glow of the garage door light. The policeman showed up as the door was closing. He then went to identify the civilian, then approached the window at which time we were both out of the car, I went to the drivers side to retrieve my bad habit of cigarettes. At that time there was no keys in the ignition nor or me. Then another policeman showed up.

    I am just trying to figure this whole thing out. I WANT to find this "so called friend" and I don't know what to do. I wonder if she knew what was going on and left to her destination. I thought about it and she could have went through the house into the backyard and jumped over fence. Heck...did she know what was going on? Did she have something to hide? I don't know!!

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