A grown Man crying inside
02-18-2012, 02:50 PM
#31
2nd Gear Member
Thread Starter
Join Date: Oct 2011
Location: MD
Posts: 445
Car isn't totalled. Talked to Insurance the other day and the car is at a shop that my firm's CEO recommended. (His Lexus is at the same shop as well.) Adjuster estimated $11,027 of damage. Yes, there is no "frame", I was speaking of the unibody portion that the bumper support bolts to under the bumper cover and where the suspension is bolted to. THAT frame-looking bar does not appear to be bent. The insurance guy did also say, "the damage is consistant with an impact of 20-30mph." So this whole thing about the COPs giving me a "failure to control a vehicle to avoid a collision" is BS and my lawyers are already on top of it.
Also, I have to now get the damn Ignition Interlock installed in the car once it's out of the shop. It's one of those 'damned if you do, damned if you don't" laws in MD. B/c of the suspicion of me being drunk and that I apparently refused to blow, regardless of the actual DUI outcome, I have 12 months of Interlock or I loose my license for 6 months. I have to drive b/c of work, school and my daughter, so Interlock here I come.
To rehash the facts of the DUI stuff. I remember EVERYTHING up to and including the accident. After that, my memory is pretty spotty. I remember talking to the police, and talking on the phone w/ my lawyer before getting arrested. I remember the words, "I recommend you to NOT blow if asked." I do not remember the officers asking if I requested medical attention, and I vaugly remember submitting to a FST. I do know that durring the FST I did the "pen test", walk and turn, and the one leg stand. I do not remember specifically being asked to blow. Most likely I was. I also remember going to the bathroom while the trainee cop was filling out my 5 citations. Citations include:
1) Failure to control a vehicle to avoid a collision
2) Driving while impaired by alcohol
3) Driving under the influence of alcohol
4) Driving after consuming alcohol
5) Driving under the influence of a controled substance or alcohol
#5 is going to get tossed b/c I have NEVER done drugs. Alcohol and cigs are the worst I've done and I like it that way.
#'s 2 and 3 will most likely get tossed b/c I didn't blow, therefore there is no PROOF of my intoxication level
#1 is gone as well. It was an unaviodable accident. Summer tires and 25* temps + patch of ice going around a corner. It happens.
#4 is about the ONLY thing they can pin on me since the officer's report states "an odor of alcohol from the driver" and even that might not fly b/c they can't prove that I was infact driving at the time of the accident. I was outside of the vehicle when they arrived on the scene.
I have an awesome law team and they are working on the possibility that the county that arrested me might not have had jurisdiction of the accident. I was on a bridge hovering on the county lines of Howard Co. MD and Baltimore Co. MD. We are trying to find out which county "owns" the bridge. Had I known that this was all going to go down this way, I would have walked the 20 ft to the other side of the bridge to stay away from the car for safety. Dunno how THAT would have played out, but they would have had to atleast call Baltimore Co. to arrest me, and Balto Co would have had to re-test me. Of course, after an air bag blows up in your face, you're not really thinking all too clearly, so it's anyone's guess as to what really happened.
(Also, a friend of mine was there when I was talking to the cops and doing the FST. He said it appeared that I was being cooperative and I did not appear to be intoxicated during the FST. Though, he was the guy that I had just dropped off, so that might not be usable in court.)
Also, I have to now get the damn Ignition Interlock installed in the car once it's out of the shop. It's one of those 'damned if you do, damned if you don't" laws in MD. B/c of the suspicion of me being drunk and that I apparently refused to blow, regardless of the actual DUI outcome, I have 12 months of Interlock or I loose my license for 6 months. I have to drive b/c of work, school and my daughter, so Interlock here I come.
To rehash the facts of the DUI stuff. I remember EVERYTHING up to and including the accident. After that, my memory is pretty spotty. I remember talking to the police, and talking on the phone w/ my lawyer before getting arrested. I remember the words, "I recommend you to NOT blow if asked." I do not remember the officers asking if I requested medical attention, and I vaugly remember submitting to a FST. I do know that durring the FST I did the "pen test", walk and turn, and the one leg stand. I do not remember specifically being asked to blow. Most likely I was. I also remember going to the bathroom while the trainee cop was filling out my 5 citations. Citations include:
1) Failure to control a vehicle to avoid a collision
2) Driving while impaired by alcohol
3) Driving under the influence of alcohol
4) Driving after consuming alcohol
5) Driving under the influence of a controled substance or alcohol
#5 is going to get tossed b/c I have NEVER done drugs. Alcohol and cigs are the worst I've done and I like it that way.
#'s 2 and 3 will most likely get tossed b/c I didn't blow, therefore there is no PROOF of my intoxication level
#1 is gone as well. It was an unaviodable accident. Summer tires and 25* temps + patch of ice going around a corner. It happens.
#4 is about the ONLY thing they can pin on me since the officer's report states "an odor of alcohol from the driver" and even that might not fly b/c they can't prove that I was infact driving at the time of the accident. I was outside of the vehicle when they arrived on the scene.
I have an awesome law team and they are working on the possibility that the county that arrested me might not have had jurisdiction of the accident. I was on a bridge hovering on the county lines of Howard Co. MD and Baltimore Co. MD. We are trying to find out which county "owns" the bridge. Had I known that this was all going to go down this way, I would have walked the 20 ft to the other side of the bridge to stay away from the car for safety. Dunno how THAT would have played out, but they would have had to atleast call Baltimore Co. to arrest me, and Balto Co would have had to re-test me. Of course, after an air bag blows up in your face, you're not really thinking all too clearly, so it's anyone's guess as to what really happened.
(Also, a friend of mine was there when I was talking to the cops and doing the FST. He said it appeared that I was being cooperative and I did not appear to be intoxicated during the FST. Though, he was the guy that I had just dropped off, so that might not be usable in court.)
02-20-2012, 09:09 PM
#34
Join Date: May 2010
Location: Wisconsin
Posts: 24
OP, I had a similar accident situation to yours except mine was about 17:30 in the evening and there was never any alcohol or suspicion of it involved. I had 11.5k worth of damage, similar to you. I also was given a "Failure to Control Vehicle" citation. I had a good lawyer but the DA would not deal at all. I ended up settling for a "Failure to Obey a Sign" citation which isn't much better.
In the end, my lawyer said what sunk me was my statement to the cop that showed up. I was being truthful and honest and nobody else was involved other than a tree, me and my car. My lawyer recommended that if I am ever in another accident, even if it isn't my fault, don't ever give a statement to the police. Tell them you want to speak to your lawyer first. You have that right and it saves you from having the officer testify against you in court as a 'witness'.
Moral of the story, never, ever give a statement. It can only be used against you.
In the end, my lawyer said what sunk me was my statement to the cop that showed up. I was being truthful and honest and nobody else was involved other than a tree, me and my car. My lawyer recommended that if I am ever in another accident, even if it isn't my fault, don't ever give a statement to the police. Tell them you want to speak to your lawyer first. You have that right and it saves you from having the officer testify against you in court as a 'witness'.
Moral of the story, never, ever give a statement. It can only be used against you.
02-21-2012, 03:50 PM
#35
4th Gear Member
Join Date: Feb 2010
Location: dark side of the moon
Posts: 1,532
Car isn't totalled. Talked to Insurance the other day and the car is at a shop that my firm's CEO recommended. (His Lexus is at the same shop as well.) Adjuster estimated $11,027 of damage. Yes, there is no "frame", I was speaking of the unibody portion that the bumper support bolts to under the bumper cover and where the suspension is bolted to. THAT frame-looking bar does not appear to be bent. The insurance guy did also say, "the damage is consistant with an impact of 20-30mph." So this whole thing about the COPs giving me a "failure to control a vehicle to avoid a collision" is BS and my lawyers are already on top of it.
Also, I have to now get the damn Ignition Interlock installed in the car once it's out of the shop. It's one of those 'damned if you do, damned if you don't" laws in MD. B/c of the suspicion of me being drunk and that I apparently refused to blow, regardless of the actual DUI outcome, I have 12 months of Interlock or I loose my license for 6 months. I have to drive b/c of work, school and my daughter, so Interlock here I come.
To rehash the facts of the DUI stuff. I remember EVERYTHING up to and including the accident. After that, my memory is pretty spotty. I remember talking to the police, and talking on the phone w/ my lawyer before getting arrested. I remember the words, "I recommend you to NOT blow if asked." I do not remember the officers asking if I requested medical attention, and I vaugly remember submitting to a FST. I do know that durring the FST I did the "pen test", walk and turn, and the one leg stand. I do not remember specifically being asked to blow. Most likely I was. I also remember going to the bathroom while the trainee cop was filling out my 5 citations. Citations include:
1) Failure to control a vehicle to avoid a collision
2) Driving while impaired by alcohol
3) Driving under the influence of alcohol
4) Driving after consuming alcohol
5) Driving under the influence of a controled substance or alcohol
#5 is going to get tossed b/c I have NEVER done drugs. Alcohol and cigs are the worst I've done and I like it that way.
#'s 2 and 3 will most likely get tossed b/c I didn't blow, therefore there is no PROOF of my intoxication level
#1 is gone as well. It was an unaviodable accident. Summer tires and 25* temps + patch of ice going around a corner. It happens.
#4 is about the ONLY thing they can pin on me since the officer's report states "an odor of alcohol from the driver" and even that might not fly b/c they can't prove that I was infact driving at the time of the accident. I was outside of the vehicle when they arrived on the scene.
I have an awesome law team and they are working on the possibility that the county that arrested me might not have had jurisdiction of the accident. I was on a bridge hovering on the county lines of Howard Co. MD and Baltimore Co. MD. We are trying to find out which county "owns" the bridge. Had I known that this was all going to go down this way, I would have walked the 20 ft to the other side of the bridge to stay away from the car for safety. Dunno how THAT would have played out, but they would have had to atleast call Baltimore Co. to arrest me, and Balto Co would have had to re-test me. Of course, after an air bag blows up in your face, you're not really thinking all too clearly, so it's anyone's guess as to what really happened.
(Also, a friend of mine was there when I was talking to the cops and doing the FST. He said it appeared that I was being cooperative and I did not appear to be intoxicated during the FST. Though, he was the guy that I had just dropped off, so that might not be usable in court.)
Also, I have to now get the damn Ignition Interlock installed in the car once it's out of the shop. It's one of those 'damned if you do, damned if you don't" laws in MD. B/c of the suspicion of me being drunk and that I apparently refused to blow, regardless of the actual DUI outcome, I have 12 months of Interlock or I loose my license for 6 months. I have to drive b/c of work, school and my daughter, so Interlock here I come.
To rehash the facts of the DUI stuff. I remember EVERYTHING up to and including the accident. After that, my memory is pretty spotty. I remember talking to the police, and talking on the phone w/ my lawyer before getting arrested. I remember the words, "I recommend you to NOT blow if asked." I do not remember the officers asking if I requested medical attention, and I vaugly remember submitting to a FST. I do know that durring the FST I did the "pen test", walk and turn, and the one leg stand. I do not remember specifically being asked to blow. Most likely I was. I also remember going to the bathroom while the trainee cop was filling out my 5 citations. Citations include:
1) Failure to control a vehicle to avoid a collision
2) Driving while impaired by alcohol
3) Driving under the influence of alcohol
4) Driving after consuming alcohol
5) Driving under the influence of a controled substance or alcohol
#5 is going to get tossed b/c I have NEVER done drugs. Alcohol and cigs are the worst I've done and I like it that way.
#'s 2 and 3 will most likely get tossed b/c I didn't blow, therefore there is no PROOF of my intoxication level
#1 is gone as well. It was an unaviodable accident. Summer tires and 25* temps + patch of ice going around a corner. It happens.
#4 is about the ONLY thing they can pin on me since the officer's report states "an odor of alcohol from the driver" and even that might not fly b/c they can't prove that I was infact driving at the time of the accident. I was outside of the vehicle when they arrived on the scene.
I have an awesome law team and they are working on the possibility that the county that arrested me might not have had jurisdiction of the accident. I was on a bridge hovering on the county lines of Howard Co. MD and Baltimore Co. MD. We are trying to find out which county "owns" the bridge. Had I known that this was all going to go down this way, I would have walked the 20 ft to the other side of the bridge to stay away from the car for safety. Dunno how THAT would have played out, but they would have had to atleast call Baltimore Co. to arrest me, and Balto Co would have had to re-test me. Of course, after an air bag blows up in your face, you're not really thinking all too clearly, so it's anyone's guess as to what really happened.
(Also, a friend of mine was there when I was talking to the cops and doing the FST. He said it appeared that I was being cooperative and I did not appear to be intoxicated during the FST. Though, he was the guy that I had just dropped off, so that might not be usable in court.)
#5 states driving under the influence of a controlled substance or alcohol, you mention that you never do drugs but this includes both alcohol and drugs.
#4 driving after consuming alcohol because the officer says he smelled alcohol so this means that #3 may in fact stand. Truthfully did you have any alcohol that night or is the officer lying? When they (police) arrived how many people were hanging around your car. If there was just you then it's kind of obvious who was driving and remember the airbag popped in your face. If you were not driving then your buddy is screwing you over.
I see 1, 3, 4 and 5 possibly sticking. Good luck either way.
Oh I almost forgot, with it being so cold and the roads being wet/slick why run the car up to 20-30 mph in 1st gear? I would think by that speed you might /should have been in 2nd gear at least. Personally I would have been in 3rd gear myself as I have tons of experience with temps as low as -40F
03-06-2012, 01:58 PM
#36
4th Gear Member
Join Date: Jul 2007
Location: Northern VA
Posts: 1,454
Interesting stuff. I feel like we are missing some facts here but I hope it all works out. I don't think they will simply throw out the drunk driving charges (#2 and #3) just because you refused to take the test, especially since you failed the FST. Also, you are claiming that #1 (failure to control a vehicle) will also be thrown out. Isn't that exactly what happened though? If it hadn't there would not have been an accident.
03-06-2012, 04:59 PM
#37
3rd Gear Member
Join Date: Sep 2010
Location: Eastern Tennessee
Posts: 628
A field sobriety test? Because you're not required to take one and it's a subjective pass/fail test. The only response should be "not until I speak with my attorney, am I free to go now?"
How many times have you heard of someone being released after agreeing to a FST?
Why not just let them search your house for drugs while they're at it?
How many times have you heard of someone being released after agreeing to a FST?
Why not just let them search your house for drugs while they're at it?
seems to me thats just asking for a night in the slammer. Mouthing off to a cop doesn't seem smart....
If you blow and it's clear they have to let you go. But cops are different in different places....
04-15-2012, 05:16 PM
#38
2nd Gear Member
Thread Starter
Join Date: Oct 2011
Location: MD
Posts: 445
Just thought I would update. I got the car back on Thursday afternoon. Took 'em right at two months. Just about everything except the engine and radiator had to be replaced forward of the firewall. They (I suspect) dropped the car off of the alignment lift and had to replace the pass rear tire, wheel, brake rotor, caliper, and axle shaft. Not happy about that! Ford also had to order a new ECU b/c after the accident the original one was not allowing itself to be reset (SEL and Trac light were stuck ON).
She's good as new now. Drives straight, brakes straight, etc.
All told, Insurance paid just over $23K for the repair. But, she's back now. And I don't think my premiums are going to increase either, at least not for the next 6 months. I just renewed my policy on Friday and it's actually $50 LESS a month than before.
She's good as new now. Drives straight, brakes straight, etc.
All told, Insurance paid just over $23K for the repair. But, she's back now. And I don't think my premiums are going to increase either, at least not for the next 6 months. I just renewed my policy on Friday and it's actually $50 LESS a month than before.
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