When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.
I couldn't give you any better advice than what has already been posted by some very wise forum members. So, instead, I will just say I'm glad you are okay. Too many of the stories about drunk drivers wind up with very different endings. Take care, and I hope the law sides with you.
From: Marlton. Increasing performance one speeding ticket at a time! NJ
Originally Posted by Carz4Toyz
I'm glad you're OK, sad to see the car like that. I've been driving a long time, and maybe I might have some good advice. Whenever you see a drunk or some other driving Ahole, dont try to out run/out pace them. Just slow down and get them in front of you. If you try to get away from them the situation will ultimately be the same, now just faster than it was before. Good luck, Im sure you were not racing. Try to get that removed (lawyer or what ever) you don't deserve to pay the price for that drunk.
Listen to Vegas......sounds like a very wise person. Protect yourself...get a lawyer now. He may help with the insurance as well. If you are in any way shown to be at fault, you may be out of pocket for the car, and you don't want that.
OK, I didn`t want to go into this but, I have a gorgeous cousin, age 38 still incarcerated for a total of 7 years, DUI manslaughter, a 21 year old girl visiting from another country was killed by her.
I visited her about 5 weeks ago Rainbow CC2, passed Temecula, (saw some Vettes in Temecula and saw there post the following Monday here.)
She (my cousin) continues to go through her own personnel Hell. How do you ever forget or forgive yourself for a senseless tragedy like this.
Some family members refuse all forms of communication, lives become ruined.
Prosecutor: "Did you have reason to believe the other driver was impaired?
Answer: Yes
Prosecutor: And knowing this this you still sped up?
Answer: Yes
Prosecutor: So it is possible the other driver may have thought you were "enticing" him to race?
Answer: No. I was was just trying to get away from him.
Prosecutor: Objection. Just answer the question yes or no. So it is possible the other driver may have thought you were "enticing" him to race?
See how it goes....?
GET A LAWYER AND SHUT UP. IMHO
I see your point, but in that scenario I wouldn't answer a question where they wanted a yes or no answer when it required an explaination. It wouldn't matter what the other driver thought, the OP's charge is on his intent and his actions. Still, a fictional scenario. What-if's could be played all day.
My point is, if he is truthful in everything he was stating, the odds are in his favor. I never agreed with his speeding up to "get away". The drawback of this forum is that it was only posted by one side, so it is inheritely biased. Not saying he's lying, but it's only one side of the story.
not sure if this is the case, but usually in our state, if one of the drivers does not have a valid drivers license or insurance, its automatically that drivers fault. Thats what i heard and im not 100% sure
Sorry to hear about all this. It's a shame that you are in this position. I was hit by a drunk driver many years ago, and I've seen a drunk driver kill two guys after crossing over a highway in NY when I was 20. I think the best advice is always to BACK OFF, and keep them in front of you so you can see what they are doing.
In this situation, you better get a lawyer, and let them do all the talking. It's too late now for all us genius's to say what you should have done at the time. Hope you can get the charges dropped, and get some of the money back which you needed in the first place to pay for your home. One thing you can never replace is your life and your health, so be thankful for that at least.Good luck.
Here's the deal: more people are convicted of stuff because they opened their mouth. A good cop can make you incriminate yourself if you are guilty. We use to call it "verbal judo". The kicker is, a cop will tell you (in a less than obvious way) that you have the right to keep your mouth shut, or anything that you say can and will be used to convict you of a crime. They will also inform you that if you are stupid enough to open your mouth, you can shut it if you're smart enough to realize that you shouldn't have opened it in the first place.
They will also inform you that there are individuals available who will sit with you while you are being questioned and keep you from opening your mouth and inserting your foot. These individuals are not free, but the cop will inform that you that you can obtain one of these "foot in mouth" blockers at no cost to you. The last thing the cop will ask you is if you understand these rights. You answer should be yes if you do and the next thing out of your mouth should be, "I wish to seek counsel."
After that, you should develop a case of lock jaw, and NEVER put anything in writing.
Sorry to hear of your mis-fortune. Just glad you're okay.
The idiot in the other car should be the one that was arrested. As far as I know trying to get away from any nut like that is not a violation of any law it's just asshame that you did not really step on it and get much farther away.
I see your point, but in that scenario I wouldn't answer a question where they wanted a yes or no answer when it required an explaination. It wouldn't matter what the other driver thought, the OP's charge is on his intent and his actions. Still, a fictional scenario. What-if's could be played all day.
My point is, if he is truthful in everything he was stating, the odds are in his favor. I never agreed with his speeding up to "get away". The drawback of this forum is that it was only posted by one side, so it is inheritely biased. Not saying he's lying, but it's only one side of the story.
I'm not bashing the OP. Just pointing out the pit falls of saying to much.
And this is not a " what if? " scenario. The way I posted is exactly the way it happens in court. Your lawyer can let you explain on direct but on cross you WILL be directed by the judge to answer YES or NO to the questions posed. You can refuse to answer and plead the 5th but other then that you will be required to answer. Your lawyer can object to the question if it calls for speculation etc. but if the judge rules against the objection you will answer or be found in contempt.
That said my strong suggestion to the OP is to say nothing and let you lawyer do the talking. That would include retracting his version on this Forum.
BTW. I took Criminal Law and Investigation in College.
Last edited by Vega$Vette; Mar 9, 2008 at 10:07 AM.