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.