Saturday, July 16, 2011

Necessity to drive while under the influence of alcohol? DUI?

My problem is how I was drunk at a "friends" house where I had been staying at for about month because my wife had me booted from my home after putting temporary restraining order on me for alleging abuse (but that's another story) and well I was in a location which was a half a mile from public road and was even gated from outsiders but anyway I was drinking the usual budweiser while working on my car taking parts off a junk car I bought and had towed behind his home bout 300 feet and I offered my friend some brew but he declined and everything was cool except when he comes and tells me that I need to pack up and go which seemed irrational because that would be drunk driving but the way he is telling me is physical for some reason so he has me on the ground and he tells me he is calling the police and continues to tell me to pack up and go which I do only to get away and lock my doors which was bout 500 feet away from his home. I am now sitting in my car in park with a good buzz going but brused and battered, and the thought occurs to me that I should call the police to file a report but this story doesn't end there -- as I call the sherrifs department they ask me for the address and license plate of my friend who has just barreled out in his truck and because I do not know it they tell me that I will have to call back when I get that information. I am parked side a one lane dirt road about a quarter mile away from the public road within a gate which you would need to put a combination in to enter or exit. Well anyway I attempt to sleep off my buzz and as I am in my slumber of course the cops roll up because someone that also lived off the dirt road thought I was in some kind of dismay so the police ask me why they were called out there and I tell them that I called because my friend had assulted me and I was told I had to leave his property. Well I admitted to the police to have been drinking before moving my vehical and the police only said "a likely story" to what I had told them -- so now the police have me turn off the car (or they may have reached into the car and turned it off) they ask me take the field sobriety test. The end, only I can be charged with a DUI apparently which boil down to DO I TAKE THIS TO JURY WITH THE NECESSITY TO DRIVE? My lawyer says that if I would submit this to jury that I will have jail time put on the table. My lawyer just doesn't think I will stand a chance with necessity to drive while under the influence and it may only get me a reduction to reckless driving but it would be worth it because in no way would I want to risk other peoples lives by being like others that have drove drunk. In fact as I was buying a pack of ciggrettes at walgreens and I was absent minded that I had my license taken from me I had explained why I didn't have my license to get carded and the cashier conveyed her hatred for drunk drivers because her husband was killed by a drunk driver (in front of a whole line of people) and of course I rebuttled that I was not even driving. Well anyway should I attempt taking my case to a jury to have my DUI reduced or not even risk it (which is where I stand because no one wants to sit in jail). Thanks! peace!

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