In reading your account, it sounds like a story I would hear from a teenager caught out late at night.
The blood sugar thing is the dog ate my homework of DUI stops.
Tack on the torn ligament, the I only had two drinks (the receipt says more but those were for my friends...), my car smelled like beer, I called an attorney who said not to blow....
Come on. Enough. And I promise you most reading this are saying this to themselves. And if we're thinking it, a judge is going to think it. While everything you say could be true, the fact remains you were drinking then driving and you refused to blow.
Why is blowing important you ask? Well if everybody who was blasted up on alcohol refused to blow, we'd never have a DUI conviction. They'd all just pass on the breathlyzer. No thanks, officer! And off he'd go.
Back to the diabetes point- Our office is right next door to a Bail Bonds place and every one of their DUI cases is a diabetes defense.
I once witnessed a guy drive into a line of cars at a red light and guess what his defense was? My ex-girlfriend was on the jury for a DUI case and that was his defense, too. One of our plaza partners got arrested a few weeks ago and that was his defense.
If diabetes causes you to drive erratically or fall asleep at the wheel, perhaps diabetics sholdn't be on the road. I mean, if the disease mimics drunk driving, why should you be allowed to drive just because it is a disease and not alcohol? The issue is safety, not alcohol versus diabtes. If you can't operate a motor vehicle safely, then get off the streets.
Being asleep at a stop light isn't much better than drunk driving- tests have shown tired drivers are just as bad if not worse than drunk ones.
I don't want to pick on you- I just want to tell you honestly what this sounds like becuase if you go in front of a judge with a story like that- I promise you this isn't the first blood sugar DUI they've seen.
Last edited by Dom Heffner; 02-26-2010 at 05:41 PM.
Now, after your blood has had a chance to dry up, you want to say, "Believe me, it was my blood sugar."
If I'm not drinking, I'm blowing. You were drinking, which is why you didn't blow.
There really isn't much else to say.
You may avoid a DUI but your license would be suspended in many states for at least a year.
Last edited by Dom Heffner; 02-26-2010 at 05:51 PM.
And did you hear my reason for not blowing? Look at what wolfboy is saying. That's why I didn't blow. It's a prosecutor's job to get convictions--not concede to people he believes are probably innocent.
In the state I was found (asleep at the wheel, trouble with balance), the prosecutor is going to argue that I was so drunk that I appeared to have had about 12-14 drinks in the same evening. Have you ever seen a 170 lb. man with a high tolerance for alcohol get that drunk off three alcoholic beverages over the course of five hours? If so, was he so drunk that he passed out at the wheel and appeared to be so incapable of doing a field test that the officers felt it was best to skip the test for the safety of the person being arrested?
For the record, I'm not expecting to come out of this without at least one conviction. My only argument is that I am not guilty of a DUI.