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#1 olucast

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Posted 09 September 2009 - 10:23 PM

How can a person sitting in there garage drinking beer be charged with a DUI because a disgruntled employee of a food establishment states you were driving drunk hours before and no one actually saw you....except the disgruntled employee....and a cop can just pull up to your house without a warrant or anything....you refuse to take a sobriety test because when you came home sober that day and began drinking you were not caught drinking and driving? in court the cop told the judge i had admitted to drinking all day....who would do that? and was never seen in or near my car by the cop and was in the comfort of my own home? the judge said it was my word against the cops and now i have lost everything. does this mean if i am mad at someone i can say they were drinking and driving and later a cop goes to their house and they are at that time sitting with neighbors drinking they could go to jail and be charged with a DUI??? this is scary to me. what else can heresay cause......a murder charge??     

#2 Fallen

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Posted 10 September 2009 - 10:55 AM

This isn't a traffic violation issue, and you only asked a bunch of rhetorical questions vs. questions about the law.


You were (and perhaps still are) free to file an appeal of your conviction.  I presume you had NO witnesses to your activities at all that day. 


"does this mean if i am mad at someone i can say they were drinking and driving and later a cop goes to their house and they are at that time sitting with neighbors drinking they could go to jail and be charged with a DUI???"

I think you know the answer to this.

Sounds like once you're through with addressing this conviction that you also should talk with a local attorney about a defamation suit against the liar. 

"what else can heresay cause......a murder charge??"

Yes, though obviously a prosecutor would be stupid to pursue such a case based on one person's assertion if there was no other evidence.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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