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  1. #1
    Join Date
    Dec 2008

    Default Wrongfully Accused of DUI

    My question involves criminal law for the state of: Minnesota.
    My roommate had some friends over drinking; my wife was also there but didn't start drinking yet when she got in an argument with one of the roommates friends. She was mad so she left. Wile driving in her car she was changing a CD and not paying attention to the road she hit a sign. She was very upset and went to her moms friends house crying. She stayed there for about a half hour. Her car windshield was smashed and front bumper was missing so they gave her a ride home. When she got there the person she had the altercation with apologized and they made up. About 3 hours later they had another disagreement and she ended up making the roommates friend leave. Our roommate got upset because she embarrassed him and also left. When he left he called the cops and told them she left in a drunken rage and drove in to a stop light. A few moments later the cops showed up, gave her a sobriety test, breathalyzer and arrested her for DUI. She told them that she was not drunk when she was driving her car they, didnít listen. We went to court and read the police report, it was a 100% fabrication. We read it and they way it was written it sounds like she was arrested at the seine ware she hit the sign but she was actually arrested in our house, also they put in there she admitted to having a drink and then getting into her car but she didnít. It also stated her car being towed but it didnít say ware it was towed from (it was towed from her moms friends house 3 miles down the road). When we went to court the prosecutor gave us a continuance to find time to get a lawyer. We were denied a public defender and we canít really afford a lawyer. Another thing to add is when we went to court and checked in they told us we should have been there at 8:30 and they issued a warrant. We showed them our paper that said what time we should be there (1:00) and they waived the warrant. What dose everyone think about this situation. I think there was a little corruption in the Anoka court system, why would they issue a warrant with out checking what time they told us to be there.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Wrongfully Accused of DUI

    She can try to find a witness who saw her car in the ditch during the three hours it was sitting there.

    The police and prosecutor have heard the "I got drunk after the accident" story enough times that they're unlikely to believe it, even if it's true. (There are even jokes about it.)

  3. #3
    Join Date
    Nov 2007

    Default Re: Wrongfully Accused of DUI

    ...and don't expect a police report that is fabricated to be anywhere near truthful! There are literally dozens of cases where officers xeroxed a police report and used it for a DUI. I believe the most recent rash of these was Arizona or Florida. She is going to need several witnesses and she will want to find the $1500-$3000 on a good attorney that can catch Officer Dish Onesty in the act of lying. Testilying - It's a word for a reason.

  4. #4
    Join Date
    Jan 2009

    Default Re: Wrongfully Accused of DUI

    I find it hard to believe that you could not have a public defender. If thats the case I think your 4th amendment rights were violated and if the miranda rights were not read; "If you can not afford an attorney one will be appointed to you", it will be thrown out, she was arresred right?
    I agree with above get a lawyer! If her body and keys were not in the car or ignition there is no DWI, the court has to prove she was actually driving drunk on a public right of way, after the fact is irrelevent!
    The dirty cop probable wont even show his face in court and it will be dismissed! The worst she would get is leaving the scene of an accident, if the cop even bothers to show up.

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