Jump to content
Sign in to follow this  
cardinal4life

what to do?

Recommended Posts

I was ran off a country road by a truck that took off. I was sling shot off the road and my throttle was stuck I hit a tree and telephone phone and daughter n I taken to hospital. 2 witnesses turned around to check on me and gave same statement I did. But there statements r not in my report! I refused blood work and my seat broke that daughter was in now they r trying charge me with a DUI,endangering welfare of minor cause the seat broke and no insurance but I have that proof. How can they get me on endangerment charge when it wasn my fault it broke. And a DUI someone help me I am facing time n jail and possibility of a cps investigation which is crazy. I am a good single mom and refuse put my daughter through the system

Share this post


Link to post

they r trying charge me with a DUI,endangering welfare of minor cause the seat broke and no insurance

 

What does "trying to charge" mean?  Either you've been charged or you haven't.  Which is it?

 

 

 

but I have that proof.

 

Proof of what?

 

 

 

How can they get me on endangerment charge when it wasn my fault it broke.

 

How should we know?  We don't know the reason why the prosecutor charged you (if, in fact, you've actually been charged).  Nor did you identify the state where the accident took place, so I can't look up the relevant law to see what's required.  With that said, it's certainly possible that someone thinks it WAS your fault.

 

 

 

And a DUI

 

Had you been drinking before you drove?  If so, how much?  How much do you weigh?

Share this post


Link to post

Only one state's laws can apply to this situation (unless it's a very bizarre situation where one thing occurred on X side of state line and Y on another).

 

What you do is consult with an attorney.  If you cannot afford one, I'm afraid you'll (usually) have to wait until you're charged and arraigned to confer with the public defender.  Better to seek counsel beforehand, since (s)he may be able to convince prosecutor to let it go.

If you can identify the witnesses, that's great. 

 

If you're referring to a child safety seat, it's unclear how it broke; it may be that, like a majority of such seats, it was not properly installed.  I don't know what the elements are of reckless endangerment in the named states, but I suspect intent or knowingness are elements.

 

Can't imagine what evidence there is for a DUI (you don't mention a field sobriety test, and we cannot know whether trooper/police will testify to seeing/smelling evidence of alcohol use and impairment).

 

"I am a good single mom and refuse put my daughter through the system"

Ultimately, that decision isn't up to you.

Share this post


Link to post

Certainly, everything you said happened is entirely possible....but two of the excuses you mentioned (run off the road by a vehicle that fled the scene and the throttle stuck) are, when joined by the classic "a dog/deer ran out in front of me", the Holy Trinity of unverifiable "The Dog Ate my Homework" stories that officers hear when they are working single car DUI crashes. Add that in with your refusal to take a sobriety test (and the officer's suspicion that one was needed in the first place), and you have a recipe for a DUI charge. Surely you can't be THAT surprised that the investigators don't believe what you're saying, even if it happens to be true. You need to consult with expereinced local counsel for whom criminal defense is a large part of his/her practice. It wouldn't be surprising for the outcome of any criminal charges to have a big impact on the resolution of any CPS case. Good luck to you.

Share this post


Link to post

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  
×
×
  • Create New...