I was driving home one evening and came across a car parked perpendicular in the road, blocking both lanes of traffic. Myself and the other driver exchanged words through our cars, which resulted in me opening my car to scream louder; seat-belt still on, did not exit my car. At this time, the driver and two other passengers in the other car jumped out, one punched me with a closed fist, left side of face. I fled the scene for fear of my life and allegedly hit their car and a person. They then chased me, tailgating, for about two miles down a windy dark road, resulting in my totaling my car. They then fled the scene and the police showed up. Was arrested for DUI (.06 at station), and hit and run. How can I prove this case as I was alone when this happened and it's a he said/she said case?
That's quite a scary story. He said/she said cases are difficult to prove for both sides. That's a rather low BAC as well. You may have better defenses than that story. Retain a local criminal defense attorney without delay. Good luck.
That sounds like a scary situation. Everything you wrote about would all be used to defend you if and when charges are filed against you. You need to contact an experienced DUI attorney in your area for help. Do not delay since you only have 10 days to schedule your hearing with DMV. Good luck!
You can't 'prove' it, you can make the statement through an attorney to attempt to prove exigent circumstances. The problem is that exigency as a defense, essentially indicates that you broke the law in order to avert a greater harm. But in this case you caused a greater harm then what may have occurred had you stayed. You're .06 is your best issue as it is under the legal limit and that coupled with your rational for driving away and their tailgating of you might show that it was the circumstances and not impairment that caused the collisions. There are a lot of issues. I suggest hiring an rated attorney.
Matthew Oberlin WilliamsCriminal Defense AttorneyCleveland, OH ·
Use the find lawyer tab above and schedule some consultations (often free) with local DUI attorneys. There is a lot going on here, and there may be other defenses available to you. While you don't have to prove what happened, evidence tending to show it happened may be important to your defense. If you have any injury from the punch, photograph that before it heals up.
They say against you say facts look stacked against you. .06 is low BAC. You need an excellent DUI attorney and the best right in your back yard is Thomas Fleming. Call him ASAP. He is a law professor that teaches trial tactics and a full time attorney. Use the avvo find a lawyer app. to look him up today for a free consultation and tell him I said hello. Set your DMV hearing or have him or another lawyer of your choosing do so within 10 days. Good luck to you. I hope this helps?
Erin N. CollinsCriminal Defense AttorneySanta Ana, CACA licensed ·
As a criminal defendant you do not have to prove anything because the prosecution carries the burden of proof. The .06 is good news, call an experienced criminal defense attorney in your area. This sounds like a good case to fight and take to trial.
I recommend hiring a lawyer ASAP! Investigation will be key. There may be video surveillance from nearby businesses that support your claim and these will need to be preserved. Get a lawyer so they can get to work on this case.
Weird, not sure who Thomas Fleming is, Bruce Kapsack is published by James Publishing for his creative trial techniques and exclusively handles DUI cases. That being written, you have defenses, an experienced DUI defense attorney can help you find your way. A blood alcohol concentration of .06 can help your case, interestingly an accident reconstruction expert can help assemble the scene and place the vehicles in the locations they were when the "accident" occurred. If the car was indeed perpendicular and blocking the road it might help, one of the ways "your" story is proven is by disproving the other story.
As other attorneys highlighted, the positive part is that .06% is a level below the legal limit at the time you were arrested. On the DUI charge, you may have a viable drinking pattern defense, margin for error, or any number of other defenses to explore with your chosen defense counsel. You were already driving at the time you encountered these aggressive individuals so, honestly, there would be no "duress" defense to your alleged DUI. However, as to the alleged hit and run, you could very well have a defense. You should consult an experienced defense attorney immediately to discuss all your options and building an effective defense. Your attorney may partner with an investigator who could also be helpful as you try to make these two characters you encountered more concrete and possibly track them down. Also, hopefully you mentioned that prior experience to the officer at the time of the arrest, as that would also be very helpful to your defense. Best of luck!
