Vampire Weekend @Bernie's
Join Date: Dec 2004
Location: Cincinnati, OH
Re: DUI Lawyers
Thank you, GAC. That actually helps a great deal. Here's my story (and I'm sticking to it, heh).
I had some drinks at the bar--not many--but I don't know exactly how many. The evidence for that is my receipt from the bar (and not even all the drinks on my tab were for me) plus however many drinks the bartender wants to say I had. She's a friend of mine, so I could probably find out exactly how many drinks it was.
When my friend and I were dropped off at home, my friend (who was very, very drunk and smelled like a brewery) needed a ride, and I felt sober, so I quickly dropped him off at his place. It was getting at the time of night that I normally take my insulin shot (I'm a type 1 diabetic) and have a meal, so I started driving to meet a friend at a restaurant in Kentucky because I had no groceries.
Shortly after crossing the bridge and getting off the Newport exit, I stopped at a traffic light. Because I was having problems with my diabetes (it was a little later than I normally eat) and hadn't slept the night before (I had celebrated my birthday the night before), I was incredibly exhausted and ended up falling asleep at the light with my car in drive and foot on the brake. At that point, the police showed up, opened my door, and put the car in park while I was slumped over at the wheel.
They asked me to step out of the vehicle, and they could see that I was having trouble keeping my balance. I'm sure they'll argue that I smelled like alcohol and that I appeared to be drunk when in actuality, I have torn ligaments in my knee, and I haven't yet had surgery. There were crutches in my vehicle to prove this, but I'm not sure they ever saw them. Even if they did, it was never written in the report. In the report, the officer stated that he felt it was unsafe to administer a field test, so they took me in without doing one.
In the report, the officer claimed that I frequently interrupted him, but my reason for this was because I wanted to talk to a lawyer, and I also wanted to explain to the officer that I was having trouble with my diabetes. Instead of letting me explain my side of the story, they repeatedly interrupted me and took me to the police station. They eventually threw the phone book at me, and after a few phone calls, I decided to give up.
At the jail, they put me in a cell that smelled horrible. Horrible. Someone had done a #2 in the toilet, and there was no way to flush the toilet from inside the cell, and as a way to taunt us, they would tell each person who entered the cell that we smelled like s**t.
I kept alerting them to the fact that I was diabetic and needed my insulin shot and a meal. They said that the nurse wasn't around at the moment but that they'd tell her when she came around. Because I wouldn't stop trying to talk to the police (I wasn't belligerent--this was all in a calm voice through the glass of the cell), they took me out of my cell and handcuffed me tightly to a chair by the feet and hands. They then put the chair in the corner of a different cell on top of a piece of padding; that way, I couldn't push the chair back to the end of the cell where the door was and keep talking to them through the glass.
Being as stubborn as I am, I found a way to maneuver myself to the end of the cell to keep talking about how important my insulin was. This, of course, annoyed them, so they put me back to the other end of the cell, where I just returned to the glass and told them I 'can go all night'.
Eventually, the nurse did come by, and she tested my blood sugar. It was 190, which is high, but it didn't appear urgent at the time. When I had come into the station, my blood sugar was low, but because so much time had passed without me getting a shot of insulin, my blood sugar became high and was only getting higher. I explained that fact to the nurse, but she seemed to hold a resentment for me (I think she had witnessed some of my interactions with the officer), so she told the police I was fine.
When she had come by to test my blood sugar, she had asked me several questions. One of which was whether I ever thought about killing myself. I told her I didn't ever think about killing myself but that there had been a time in my past in which I would self-mutilate. She asked if I would do it in jail, and I told her that I had no means of doing it other than chewing on my own arm, so I had no intentions of doing so. Regardless, I was put on the phone with a different nurse who asked the same questions. When the nurse asked me about suicide, I facetiously told her that I won't have to think about killing myself because if I don't get my insulin shot, I'll die anyway. At that point, they determined I was a suicide threat and put me in a padded uniform in a completely different cell (which was the most comfortable, accommodating cell I had ever seen).
Several hours passed by the time I had my arraignment. As a side story, the man in front of me was given a nice deal for pleading guilty, but he made the mistake of calling the judge by her first name, so he had his 90-day sentence extended to 120 days for 'contempt of court'. I made sure to be very respectful to the judge and pleaded 'not guilty, Your Honor'. She said I didn't qualify for a public defender because I wasn't facing any jail time, so if I want a lawyer, I must hire one.
After the arraignment, I was returned to my cell. I was given a very small, near-inedible meal that would have worsened my condition had I eaten it. I once again reminded the officers that I needed medical attention and that it was getting more and more urgent. The said the nurse was in a completely different dorm at the moment and that it would be a while before she could come around. They were right because I had to wait a few more hours before she came around. She tested my blood sugar level. I forget how high it was, but I remember that it was over 300, which is very high. At that point, they gave me four units of an insulin I don't even use. I told the nurse that I would need much more than that for my blood sugar level to return to a healthy level, but she explained that that was the most she could legally give me. After getting my shot (which was the equivalent to giving a starving man one kernel of rice), I went back to my cell. I had to wait another couple hours before my paperwork was finished so that I could be cleared to leave.
That's all the relevant I can recall at this time. I have no idea if there is video surveillance of when I was pulled over, but I was in Bellevue, so I'd imagine that it exists. Is there any way my lawyer or I could view the video before March 8th (my pre-trial date)?
One thing I forgot to mention is that I'm also charged with driving without a valid license. This happens to be true because my license had expire, and for financial/personal reasons, I had not yet gotten it reinstated.
Last edited by camisadelgolf; 02-26-2010 at 09:27 AM.