charged with a ovi after an accident that wasn't my fault
A truck failed to yield the right of way when pulling out of a private driveway. I swearved to miss him and flipped my car on to it's top. I was sited by the state highway patrol for a ovi because i had admitted to of had a couple of drinks earlier in the evening. I refused the breath test because I was charged with an ovi three years ago and even though I passed the field sobriety tests. I was still charged then with ovi because I took the breath test at that time. I went to a three day program voluntarily so their is no conviction on my record. What kind of punishment am I looking at for this new infraction? I felt ok after the accident but while I was talking to the officer my head started throbbing and I started losing conscieceness I was then taken to the emergency room.
3 Answers from Attorneys
Re: charged with a ovi after an accident that wasn't my fault
The fact that you have been charged with OVI does not mean that the accident was your fault. You still have the right to go after the guy who caused the accident. I know that does not answer your question but having the potential injury claim might help pay for an attorney to fight the OVI charge. I would suggest that you talk directly to an attorney if you have not already done so.
I have been handling these types of cases for over 30 years. I will be happy to discuss this in more detail if you want to give me a call.
Good Luck!
DH Davies
Re: charged with a ovi after an accident that wasn't my fault
ten days (minimum) if this is your second oui in six years. one year license suspension just for not taking the breath test. Not sure on the mandatory fine but would guess around $1000.00. You also have the issue of civil liabilities. You could be held liable for all damages if convicted or pled to the OUI. It may be worth getting a lawyer. Your case may be one that could be won at trial (unless you've already pled to the charges).
Re: charged with a ovi after an accident that wasn't my fault
It sounds to me like you have a winnable case. What court are you in?
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