DUI WTF I wasnt driving

Thanks for the update. Good luck.

 

i have a buddy here bama thats a cop and he said if they can't administer a test at the station within 1 hr of putting you in the car it gets thrown out...true? not sure... but since you had to go to multiple places who knows how that would turn out.. wether or not you were driving doesn't matter if you are outside the car ( see public intoxication) i know Cali is weird and you guys have weird laws but since you go to court in Oct it gives you some time to do some research...i know all to well about the support and bills, i got a DUI in NC back in '12 try to bring as much money up front with you to court as you can and ask your insurance about if you attend AA or something like that if they will take the certificate and lower your ins a little...it sucks man but believe me its not the end of the world and take it as a lesson... as your ex if she will lower the CS while you get this paid off....you never know til you try and good luck man

 

lol I cant ask my EX nothing.

When CHP pulled behind us we were both outside the car, Thats when the whole chain of events starts.
Just going to go with a public defender.

I'm doing research and educating myself as much as i can.

Im trying to figure out do I really need to get a sr22 from my insurance to get a 125$ restricted license or not?
I feel like I am Looked at as Guilty and have to prove im innocent.

 

Go to court and tell them he cant even proof you drove. I know if you have the car keys with you can be charged with intent to drive. I had my DUI 11 years ago so i can be wrong. That is bull shit though. Ask the cop to bring his dash cam footage with him to court. I f%^%ing hate vengeful, asshole cops that "bully" people cos they aint getting any at home. DONT GET ME WRONG, I have encountered MANY many cool cops just doing their jobs and was very pleasant to deal with. Just the rotten apples here and there.

 

Nope .05 is the limit for DWAI (Driving while ability impaired) vs the .08 for DUI

 

You do have to prove your innocence thats the sad part. Dont quote me on this but I believe you have to get an SR22 only once you get convicted of DUI. That sr22 is a letter from your insurance company saying they will still insure you after your DUI. But not 100% sure anymore.

 

They did let my girlfriend that DOES NOT have a license at all just a cali ID card Drive the car home. So I guess that was being cool to us.

The car is in my name but it's her car T drive my tundra, she works from home so the benz stays home with her. we only use it on the weekends.

 

Assuming all of this is true, this is one of my worst fears in life: being wrongfully accused of a crime I didn't commit. Granted, there are way worse things to be accused of than a DUI but that is definitely something that will haunt you for several years afterward regardless.

Sorry OP, hope this all works out for you.

 

Thanks man, just going to stay truthfull and hoppfully i'll have nothing to worry about.

 

I was always told you could refuse any breath tests or blood tests and they can not force you to give them up, but it's an automatic 1 year suspension of you license. Where I live that's what all the judges, lawyers,cops do. It's easier to fight a suspended licence and you wont get fired from work.

 

Unless you work for UPS, USPS, Fedex lol

 

My job does not require me to drive a compay car sso ill be ok.

 

Did you happen to stop by a gas station or anywhere that would have security cameras? Probably too late but that could document who driver/passenger was. Also, did anyone see you two getting in car when leaving? Did you send texts while riding (assuming she didn't while driving), if so your phone bill may help support you being a passenger.

Good luck!

 

Litte update on this.

After over a year of going back an forth and them offering me(deals).
One day before the trail they finally dismissed it.
All they want is money, they dont care if you are guilty or not. Just want the money.
Riverside court house can suck it, so can California highyway patrol.

 

^^^WOW^^^

Glad to hear that OP.

Between the regs, overcrowding, cost of living, and the fire/earthquake/mudslide thing.....oh and the CHP......

I'm at a loss why anybody even visits CA, much less lives there.

 

You are 100% correct every judicial system is about the money and cops are about their quota, while they are both in bed together. Just pay it with a smile on your face knowing you were doing the right thing having a sober driver. Life sucks and our government is twisted nothing we can do about it, unfortunately.

 

It's not illegal to arrest someone without Miranda. Miranda rights are for custodial interrogations, not just being in custody.

Glad to hear charges were dropped, OP.

 

Sounds like it got assigned to a state’s attorney that realized it was a bad charge.

Glad it got dropped!

 

You got really really lucky, pal.
The way I see this, is that YOU WERE DRINKING.
Since she DOES NOT HAVE A DRIVER'S LICENSE, and IT WAS YOUR CAR, the simple fact is that the law would have seen you as the driver, whether you were in the vehicle or not. This is because an unlicensed person has NO BUSINESS EVER AT ALL driving on a public road.

They should have thrown the book at you.

 

What book? Do you think it is a violation of the law to allow a non licensed driver to drive a car that belongs to you? Driving without a license is a violation of the law, but only for the person committing the offense.