I was in an accident and walked home (about 2 miles). Subequently, the police came to my home, gave me a breath test and arrested me. The police do not know the time of the accident and they don't know my BAC at the time of driving. Do they have a case?
4 Answers from Attorneys
Based on your fact pattern, they will have a hard time proving intoxication at the time you were driving. What time did they give you breath test? and are there any possible witnesses? are two questions that also need to be answered. You also failed to say what your BAC was at the time of the test. Please call me if you have any further questions.
If they do not know the time of the accident and there were no witnesses....they can not prove, beyond a reasonablwe doubt, that you were intoxicated at time of accident. Of course it also depends on how much you told them. Hopefully you asked for an attorney and they stopped questioning you (required by law).
From your facts it would be difficult, but as you are likely charged with a DUI it would be highly advisable to have an experienced lawyer with you defending you and preserving your rights in court. It would also greatly increase the chance of lowering the charges or possible dismissal. We have substantial experience handling these types of cases and reasonable fees, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
Law Offices of
STEVEN J. CZIK, P.C.
101 Avenue of the Americas, 15th Floor
New York, New York 10013
212.413.4462
The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.
Everything depends upon witnesses or the statements ,if any you made to police during interrogation. I believe you have defenses. Therefore I recommend you retain an experienced DUI/DWI attorney to protect your rights and interests. You may contact my office @7188340087 for a phone consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
