More details to this question:
I was arrested on a DUI less safe, hit and run, obstruction, reckless driving and eluding police. I had 2 beers between 9-9:45. I left the bar around 1:50 am and was dropped off at my car. I was driving down the road and there is a dual turning lane to make a left. I was in the far left most lane when a car encroached into my lane and I struck the car with my passenger side at about 15 mph. I hit my head pretty hard on the steering wheel. I remember waking up and my car was in the middle of the road so I tried to move it to the side of the road to safety and I black out. I apparently drove up the road away from police and ran from the cops on foot. I have no criminal record and wouldn't do this in the right state of mind. Can I use a defense of a head injury? I don't remember this innocent after the accident. No breath test or blood tests were taken because they said I refused to take them. I need some serious help because this affects my future.
5 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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A highly competent DUI attorney may be able to help you, your situation seems defensible but won't be a "slam-dunk" these types of cases with so many bad facts must be handled carefully, a DUI attorney can help.
Answered on Apr 09th, 2013 at 7:52 PM
Michael J. Breczinski
You need an attorney to help you but the answer is maybe. However if you were injured in the accident after driving while intoxicated, then that charge may stick if not the others.
Answered on Apr 08th, 2013 at 1:52 AM
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In a criminal prosecution, the state, not you has the burden to prove each element beyond a reasonable doubt. Whether it would be likely to meet its burden on your facts is unknown. This is the first considerations that you and your attorney must consider. The impact or effect of a head injury on the case as a defense to the mental aspects is and/or could be raised. You would most likely need an expert and/or medical evaluations from that night. For the DUI charge the head injury would most likely not be a viable defense. Your case and defense is extremely complicated, you should retain an attorney to represent you.
Answered on Apr 05th, 2013 at 9:52 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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You have to get legal advice.
Answered on Apr 05th, 2013 at 3:27 AM
You can, but you'll need to hire a DUI specialist, and do it soon, because you have only 10 days to save your license, not to mention the barrage of charges you're about to face in court.
Answered on Apr 04th, 2013 at 9:46 PM