I must be proved guilty beyond a reasonable doubt. I don't have to prove anything. The prosecutor is responsible for proving that I was guilty of a DUI.Originally Posted by Eric_the_Red
I must be proved guilty beyond a reasonable doubt. I don't have to prove anything. The prosecutor is responsible for proving that I was guilty of a DUI.
I'm guessing not. FWIW, if this case was on my docket, I'd be very confident that I'd be able to obtain a conviction either to the bench or to the box. These facts skew heavily towards the State / Commonwealth, and I've seen cases with similar evidence result in quick convictions.
I can't give you legal advice, but I'd strongly urge you to obtain representation and listen carefully to what an attorney tells you about this case.
Cincinnati Reds: Farm System Champions 2022
In the little bit of training that I have, I was always taught to ask if the suspect is a diabetic because of coordination issues and their breath can supposedly have a sweet smell to it, similar to alcohol.
I could be mistaken, but I believe in Indiana if you refuse the breathalyzer it is an automatic suspension of your license. Then, they can get a search warrant for your blood to get your BAC... which lands you with suspended licenses and a DUI.
I just found it amusing that he said with all due respect, did not mean to be offensive. It just sounds like to me you do not have much of a leg to stand on. If I were on a jury and this was the story I would say guilty with out much deliberation.
When I see the 2016 Reds, I see a 100 loss team and no direction.
I don't think you understood the spirit of my question camis,
Let's say your story is 100 percent accurate and you were not drunk/OVI/whatever...
But 2 blocks over the exact same sequence of events occured to your identical clone, who was drunk.
How do you think the police/judge/jury should differeniate between the two cases?
and he'll do this by showing that
1. You were asleep at the wheel
2. Smelled of alcohol.
3. Refused a breathalizer
4. Had trouble standing
Do you really think a jury will need any more dots connected?
Oh, I see. Yeah, there are obviously flaws in the wording of everything. I guess your point is eventually going to be that I'm grasping at straws. That may be correct. But if you're accused of something you didn't do, would you accept it and move on, or would you try to fight it?
If the jury will listen (which is apparently a real wildcard), I have legal and/or medical explanations for everything that happened. I am currently walking with a strong limp. For the same reason that wolfboy mentioned, I declined the breathalyser. My car smelled of alcohol for the reason that someone who had a beer poured on him had been in my car less than 15 minutes of when the arrest occurred (I have witnesses for this). I was asleep at the wheel for reasons dealing with my condition, which can be backed up by any doctor with knowledge of diabetes.
I'm not saying a jury wouldn't convict me, but do you really think that makes me guilty beyond a reasonable doubt?
I just can't understand why you wouldn't blow.
In Kentucky, if you don't blow you are automatically guilty of refusing to blow, which carries an automatic license suspension of 30 days, and it also means that you are automatically charged with aggravated DUI, which means double penalties: double fines, jail time, license suspension.
And- even if you are found not guilty of DUI, you still are guilty of failing to blow, which means that the judge can apologize to you for having wrongfully arrested you, but you still will be guilty of not blowing. They are two separate issues.
I cannot imagine a universe where someone would tell you not to blow. The only time I would not blow is if I knew I was way over the limit.
When I say I mean this with all due respect- I'm just trying to be honest. This is not personal, but I shouldn't sit here when the story is not passing the smell test and say nothing.
None of this makes sense to me.
Which tells me you were drunk. And I mean that with all due respect.
Last edited by Dom Heffner; 02-26-2010 at 05:35 PM.
Frankly, yes. Being as honest as I can here.
You need to cop a plea, and I'd be surprised if that's not what your lawyer recommends.
Outstanding points up and down these past few pages Dom.I just can't understand why you wouldn't blow.
In Kentucky, if you don't blow you are automatically guilty of refusing to blow, which carries an automatic license suspension of 30 days, and it also means that you are automatically charged with aggravated DUI, which means double penalties: double fines, jail time, license suspension.
And- even if you are found not guilty of DUI, you still are guilty of failing to blow, which means that the judge can apologize to you for having wrongfully arrested you, but you still will be guilty of not blowing. They are two separate issues.
I cannot imagine a universe where someone would tell you not to blow. The only time I would not blow is if I knew I was way over the limit.
When I say I mean this with all due respect- I'm just trying to be honest. This is not personal, but I shouldn't sit here when the story is not passing the smell test and say nothing.
None of this makes sense to me.
Which tells me you were drunk. And I mean that with all due respect.
How do you know you didn't do it? You didn't blow.
Which again, is against the law.
And if you knew you didn't do it, then you should have blown.
And these law officers tell you this- they do- as a matter of fact, they tell you as an incentive to get you to blow.
And if this attorney you called (while handcuffed, I presume, they don't just sit you in the back of the car while being arrested) just said, nah don't blow, and you didn't tell him that you weren't drunk...and you can't remember his name, but you knew a number to call....
I dunno...doesn't make any sense.
Last edited by Dom Heffner; 02-26-2010 at 05:40 PM.
Actually, it's unaggravated because it's my first offense.
I didn't blow because a lawyer told me not to.
Actually, you have been more than respectful. For you to offer an opinion is very nice of you because I'm sure you have good intentions in mind. I really appreciate your and everyone else's input.I cannot imagine a universe where someone would tell you not to blow. The only time I would not blow is if I knew I was way over the limit.
When I say I mean this with all due respect- I'm just trying to be honest. This is not personal, but I shouldn't sit here when the story is not passing the smell test and say nothing.
None of this makes sense to me.
Which tells me you were drunk. And I mean that with all due respect.
I never knew it was against the law, and I have a million excuses for not wanting to blow in a breathalyser, most of which have nothing to do with alcohol.
For the record, I called several lawyers that night, and the ones I called were the ones that had the biggest advertisements in the phone book.
Did you call this lawyer on your cell? Do you have the number?
You don't know who the lawyer is, right?
I don't think I'd mention this in court.
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