I've been charged with DUI, 2nd offense. I am currently on probation, however, I feel that I have enough circumstantial evidence to sway this case. So much that I hired a public defender.

I was arrested for DUI in PA after a friend got my car stuck in a snow embankment and left knowing that it was possible for either of us to get arrested. I ended up being intoxicated that night, and I later found that my blood alcohol content was a .17. Since I needed to get in my dorm, my friend left me my keys. (no damage was done in the accident by the way, my car had simply gotten stuck and was rendered immobile by the deep snow) since where this happened at, my dorm was about 50 yards away, I walked there and looked for help being in the drunk stupor I was in. I went back outside and started trying to dig my car out. A university police arrived on the scene, and he asked what had happened, and I told him my car got stuck. He made me wait for borough police to arrive and I ended up getting arrested for DUI. I most likely told the cops something stupid, like I was driving it. I wasn't under any realization as to what my friend might have drank that night and he wasn't anywhere around. There was a slight chance that the cops could have went searching for him. I failed the sobriety test miserably and was put under arrest. Since I had blown a .16, I nearly doubled the legal limit, and my blood test came up a .18.

My possible defenses for this case are as follows:
1. My friend DID fill out a sworn statement, so therefore he is testifying on behalf of me not driving at the time
2. my keys were not in the ignition, and I wasn't even in my car
3. whatever information I told the police should be null and void, I'd reckon; I had a .17 blood alcohol content, so I wasn't in any state of mind to be giving valid info.
4.sure I WAS in possession of my car keys. But I was also in possession of several of my other keys as well, like my dorm room key, my file cabinet key and my chest key.
5. I was about 50 yards away from my dorm. If I was honestly driving my car, wouldn't you think that if I had a guilty conscience I would have just left my car there?
6. there were NO witnesses to testify against me or say otherwise.
7. Apparently the cops have NO physical evidence of me driving, other than my admittance of information.

Based upon these factors, what would anyone else think?

I've been charged with DUI, 2nd offense. I am currently on probation, however, I feel that I have enough circumstantial evidence to sway this case. So much that I hired a public defender.

I was arrested for DUI in PA after a friend got my car stuck in a snow embankment and left knowing that it was possible for either of us to get arrested. I ended up being intoxicated that night, and I later found that my blood alcohol content was a .17. Since I needed to get in my dorm, my friend left me my keys. (no damage was done in the accident by the way, my car had simply gotten stuck and was rendered immobile by the deep snow) since where this happened at, my dorm was about 50 yards away, I walked there and looked for help being in the drunk stupor I was in. I went back outside and started trying to dig my car out. A university police arrived on the scene, and he asked what had happened, and I told him my car got stuck. He made me wait for borough police to arrive and I ended up getting arrested for DUI. I most likely told the cops something stupid, like I was driving it. I wasn't under any realization as to what my friend might have drank that night and he wasn't anywhere around. There was a slight chance that the cops could have went searching for him. I failed the sobriety test miserably and was put under arrest. Since I had blown a .16, I nearly doubled the legal limit, and my blood test came up a .18.

My possible defenses for this case are as follows:
1. My friend DID fill out a sworn statement, so therefore he is testifying on behalf of me not driving at the time

This is good. You should make sure that this is known by everyone involved.


2. my keys were not in the ignition, and I wasn't even in my car

You were in possession of the keys, and the car had been driven recently and been involved in an accident.


3. whatever information I told the police should be null and void, I'd reckon; I had a .17 blood alcohol content, so I wasn't in any state of mind to be giving valid info.

There's no get out of jail free card that comes with being drunk. You can use it to cast doubt on the statement, but everything you said stays. If they can corroborate anything you said, then that will be much more convincing than your denial of it.


4.sure I WAS in possession of my car keys. But I was also in possession of several of my other keys as well, like my dorm room key, my file cabinet key and my chest key.

None of those other things are illegal to operate while drunk, nor are they related to your case here.


5. I was about 50 yards away from my dorm. If I was honestly driving my car, wouldn't you think that if I had a guilty conscience I would have just left my car there?

You were drunk. People do stupid things when they're drunk. Reason takes a vacation when you're drunk, and everybody knows that. For example, being 50 yards away from your destination, and spending your time digging the car out instead of letting it stay until tomorrow isn't the reasonable choice.


6. there were NO witnesses to testify against me or say otherwise.

The car had been in an accident. You were the only one at the scene of the accident, trying to fix the whole thing. Witnesses are only one form of evidence.


7. Apparently the cops have NO physical evidence of me driving, other than my admittance of information.

They have your admission, and they have all the corroborating circumstantial evidence that you were in control of the car, had been driving, and intended to drive it again (why else would you dig it out?)


based upon these factors, what would anyone else think?

The only thing that has much impact on this will be the statement of your friend. Everything else is pretty much irrelevant.

I've been charged with DUI, 2nd offense. I am currently on probation,Hello big:

With a good attorney, you MIGHT be able to beat the 2nd charge. However, I'll bet you aren't allowed to drink being on probation for a DUI already. You'll probably be violated. I spose you didn't believe 'em, huh.

excon

Actually I'm not on probation from another DUI. I completed the requirements to get my other DUI expunged. I'm on probation for something else that has nothing to do with my other DUI. If I get convicted for this DUI, however, that will bring up my other DUI on my record. I honestly think more than likely this case will get dropped. I have some sort of defense between my story and a lawyer. My friend made a statement to the police that he was driving. And besides, it had been over 2 hours by the time any university police showed up, when the accident occurred.

actually I'm not on probation from another DUI.Hello again, big:

Doesn't matter. You're not allowed to drink to excess or have contact with the police while you're on probation - especially with a DUI in your past. That's my take on it, anyway.

excon