More details to this question:
I live on a military installation. I fell asleep behind the wheel of my vehicle. I hit a curb and flattened my tire. I tried to get off the curb but I could not. I neither damage any property nor hit anyone. I damaged my own car and nothing else. My friend came out to see if we could get it off the curb/grass area. The curb was located in my barracks parking lot. We couldn't get my car off the grass area so I went to my barracks and decided to call a tow truck in the morning. I handed him my keys wallet and phone. He gave me my wallet, phone back, and forgot the keys. I drank about 4 ounces of 80 proof alcohols within an hour in my barracks room. I went to sleep. The military police knocked on my door. He took me down to the station for leaving the scene of an accident. He assumed I had been drinking and driving. He charged me with a DUI. My friend told them he neither see me drink the whole night nor I was drunk when he came to help me. Please any advice or comments would help.
11 ANSWERS
Criminal Defense Attorney serving Calabasas, CA
at
Law Office of Bernal P. Ojeda
Update Your Profile
When there is a defense and a witness then go to trial.
Answered on Jun 12th, 2013 at 2:21 AM
Michael Paul Vollandt
It is a proof problem with the police. If you were charged then you need a lawyer to help you out. Very weak case and had to prove.
Answered on Jun 12th, 2013 at 2:19 AM
Steven D. Dunnings
Hire an attorney.
Answered on Jun 12th, 2013 at 2:15 AM
Criminal Defense Attorney serving McKinleyville, CA
at
Law Office M. C. Bruce
Update Your Profile
Time to hire a lawyer to tell this version of the facts to a jury. If the jury believes you, not guilty.
Answered on Sep 28th, 2012 at 11:47 PM
Michael J. Breczinski
I would get an attorney and fight the matter since it is not illegal to drink after an accident. Remember they have the burden to prove you were driving WHILE drunk.
Answered on Sep 28th, 2012 at 12:32 AM
Since you're on a military base, this might be a federal charge. If so, you need to speak to an attorney who practices federal criminal law. I would recommend someone who also handles military law. If not, and if you are in California, the prosecution will have to prove each and every element of the charged crime beyond a reasonable doubt. They will have to provide evidence to this effect that you drank prior to driving a car.
Answered on Sep 28th, 2012 at 12:29 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
They will have a tough time proving that you were under the influence at the time you had the accident.
Answered on Sep 28th, 2012 at 12:23 AM
Hire a DUI specialist is all you can do. By yourself you are toast.
Answered on Sep 28th, 2012 at 12:15 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
First and foremost; hire an attorney. You are assuming that no one saw you driving and that no one saw you hit the tree. Without these, and based purely upon what you are saying, I agree that it may be difficult to prove DUI, but I say that without seeing what evidence there is against you. Of note: you told me you drank AFTER you got back to the barracks. I have been doing these cases to 29 years, and when I hear that, in almost every case, it is done to hide the fact of earlier drinking.
Answered on Sep 28th, 2012 at 12:10 AM
1 Award
This is probably governed by the military courts so you should speak to a JAG about your case.
Answered on Sep 28th, 2012 at 12:08 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
It would appear you have a defense, and a witness. It is strongly suggested that engage counsel and make that defense as the ramifications of a DUI, in an out of the military, are significant.
Answered on Sep 26th, 2012 at 11:09 AM