My question involves criminal law for the state of: Louisiana.
Ok so although this post will likely be lengthy it is also 100% true so I'm trying to determine how bad this is really going to get for me.
The other night I went to a BBQ to send off a friend who is moving away to another city. This friend will be called T. Another friend of mine, called S, was there also with her significant other, we'll call him J. J told S at the BBQ that he had been seeing someone else and wanted to continue to do so. So....S got very upset and got pretty drunk.
Towards the end of the night, T, the reason for the party had decided to move on from the BBQ to a bar. I had planned to go but decided not to and decided that I would head home. Based on my body weight, how many beers I had, and my experience with the subject, I would submit to the reader that my BAC was at most a 0.04 at the time I decided to leave. I noticed S struggling with a bicycle and offered a ride home. S was very upset, crying, etc. Texting frantically with people about the situation. Very upset. I got S home and we were outside on the porch smoking a cigarette and talking for a minute. T called me and asked if I'd provide a ride home as well. T was staying with S right before moving away. I told S I had to go pick up T. S wanted to ride with me for some reason and I didn't see a problem with that at the time. Maybe S just did not want to be alone, I don't think I'll ever know.
We arrive at T's location and I park about a block away. I'm going to retrieve T from inside a bar. S expresses desire to stay put so I leave the keys in the ignition so the ac can stay on. October in my area is still a warm time of year, even at night. I tell S I'll be right back. I go inside and T is nowhere near as bad off as S but not exactly sober, thus needing a ride home. T goes outside with me and we head to my car. Except, now, my car is gone.
We immediately try to call S repeatedly. And call a few others to see if they know where S may have gone. I have a hard time believing that S would steal my car but the only other option is that my car was stolen with S in it. T and I jump in a cab and head to S's house hoping that S may have just decided to drive there like an idiot but that all is well. It wasn't too far of a drive but still. We get to S's house and no one is there. T has a key due to staying there and upon entering we find S's phone. S had brought it inside but did not bring it on the ride to pick up T. I come to the conclusion I need to call the police. I step out on to the front porch to light a cigarette and here comes S walking towards the house.
S tells me "I think I wrecked your car" and "I think it's at XXXXX St and XXXXXX St."
I pretty much run over there and see two policemen, a taxi, my car, and two other people near the vehicles, along with a lot of people gathered around that appear to be random people and other taxi drivers. I approach one of the policemen and begin explaining "This is my vehicle, my friend took it without my permission, will it be impounded, etc." The cops ask me a few questions. I answer them all. What's the person's name, what do they look like? I gave them a first and last name and showed them a picture. A taxi was hit in the accident S caused and the driver confirmed the physical description of S to the police. At this point, I'm not exactly sure if the cops saw S walking up or if one of the observers alerted them to S's presence but the next thing I know I'm being told to sit down on the curb and not to move. The two police go down the street a bit and return with S in handcuffs.
One of the cops approaches me and accuses me of lying to him, completely different demeanor. Usually, as a rule, I NEVER talk to cops because quite frankly I don't trust them but I screwed up in this instance so I inform him of my intention to remain silent. I have no clue of his intentions or what he's thinking at all. He stands me up, cuffs me, searches me while reciting Miranda rights and tells me I'm being arrested for Accessory to Hit and Run and Giving False Reports/Interfering with an investigation. I'm placed in the back of a police SUV and around 15 minutes or so goes by. I am then pulled out of that cop car and put into the one with S in it. The other cop tells me now I'm going to the DWI place. No explanation. No reason of the change in charges made known to me. I remain silent and when no police are present in the vehicle I talk to S a little bit but I never said anything incriminating about either one of us.
We get to the DWI place and are transferred there. The cop who drove us there stays and puts us in separate holding cells. There is another cop who appears to be in charge. The one who brought us there kept asking the one who seemed like he was in charge a lot of questions about how to fill out the paperwork.
The one who seemed to be in charge tries to get us to submit to field sobriety tests and we both refuse. We also both refuse to submit to chemical testing. S did for whatever reason (unknown to me). I refused because I had no idea what was going on. I literally had done nothing wrong and now found myself accused of who knows what. I had not been formally told of my new charges at this point, nor did/do I understand them.
To wrap this up, we were then transported to jail. I was booked and charged with DWI, Refusal to submit to chemical testing (2nd offense), and Making False Reports to police. I had a clean arrest record up until this point. I'm a veteran, held a security clearance, etc. My current job requires some special clearances from a government agency and my access was removed for a week. I bonded out when I was given the opportunity and consulted an attorney that afternoon.
I have since learned that the taxi driver involved is seeking compensation for damages and injuries and has gone after my car insurance. Not sure how that will pan out but my lawyer seems more concerned about that than the court proceedings.
I am awaiting trial for the False Reports charge and have still not had an arraignment for the DWI/Refusal to blow. I was given my driver's license with my property and was not informed about the DMV hearing I'm required to attend. I can find no record of the arrest online. I will plead not-guilty to everything.
I have a lawyer like I said who is very interested in taking this to trial. S was charged with Hit and Run, DWI, Refusal to blow (2nd offense), Reckless Operation, and I believe one more charge but I'm not certain.
Assuming you've read this far, has anyone ever heard of a case like this and what the outcome might have been? I feel confident in my lawyer's abilities but I'm just curious if anyone sees something my attorney and I don't based on this information. Everything I've written here is 100 per cent true and only VERY MINOR details have been left out. I look forward to seeing any responses on this and will be happy to answer any questions to provide amplifying information.
Ok so although this post will likely be lengthy it is also 100% true so I'm trying to determine how bad this is really going to get for me.
The other night I went to a BBQ to send off a friend who is moving away to another city. This friend will be called T. Another friend of mine, called S, was there also with her significant other, we'll call him J. J told S at the BBQ that he had been seeing someone else and wanted to continue to do so. So....S got very upset and got pretty drunk.
Towards the end of the night, T, the reason for the party had decided to move on from the BBQ to a bar. I had planned to go but decided not to and decided that I would head home. Based on my body weight, how many beers I had, and my experience with the subject, I would submit to the reader that my BAC was at most a 0.04 at the time I decided to leave. I noticed S struggling with a bicycle and offered a ride home. S was very upset, crying, etc. Texting frantically with people about the situation. Very upset. I got S home and we were outside on the porch smoking a cigarette and talking for a minute. T called me and asked if I'd provide a ride home as well. T was staying with S right before moving away. I told S I had to go pick up T. S wanted to ride with me for some reason and I didn't see a problem with that at the time. Maybe S just did not want to be alone, I don't think I'll ever know.
We arrive at T's location and I park about a block away. I'm going to retrieve T from inside a bar. S expresses desire to stay put so I leave the keys in the ignition so the ac can stay on. October in my area is still a warm time of year, even at night. I tell S I'll be right back. I go inside and T is nowhere near as bad off as S but not exactly sober, thus needing a ride home. T goes outside with me and we head to my car. Except, now, my car is gone.
We immediately try to call S repeatedly. And call a few others to see if they know where S may have gone. I have a hard time believing that S would steal my car but the only other option is that my car was stolen with S in it. T and I jump in a cab and head to S's house hoping that S may have just decided to drive there like an idiot but that all is well. It wasn't too far of a drive but still. We get to S's house and no one is there. T has a key due to staying there and upon entering we find S's phone. S had brought it inside but did not bring it on the ride to pick up T. I come to the conclusion I need to call the police. I step out on to the front porch to light a cigarette and here comes S walking towards the house.
S tells me "I think I wrecked your car" and "I think it's at XXXXX St and XXXXXX St."
I pretty much run over there and see two policemen, a taxi, my car, and two other people near the vehicles, along with a lot of people gathered around that appear to be random people and other taxi drivers. I approach one of the policemen and begin explaining "This is my vehicle, my friend took it without my permission, will it be impounded, etc." The cops ask me a few questions. I answer them all. What's the person's name, what do they look like? I gave them a first and last name and showed them a picture. A taxi was hit in the accident S caused and the driver confirmed the physical description of S to the police. At this point, I'm not exactly sure if the cops saw S walking up or if one of the observers alerted them to S's presence but the next thing I know I'm being told to sit down on the curb and not to move. The two police go down the street a bit and return with S in handcuffs.
One of the cops approaches me and accuses me of lying to him, completely different demeanor. Usually, as a rule, I NEVER talk to cops because quite frankly I don't trust them but I screwed up in this instance so I inform him of my intention to remain silent. I have no clue of his intentions or what he's thinking at all. He stands me up, cuffs me, searches me while reciting Miranda rights and tells me I'm being arrested for Accessory to Hit and Run and Giving False Reports/Interfering with an investigation. I'm placed in the back of a police SUV and around 15 minutes or so goes by. I am then pulled out of that cop car and put into the one with S in it. The other cop tells me now I'm going to the DWI place. No explanation. No reason of the change in charges made known to me. I remain silent and when no police are present in the vehicle I talk to S a little bit but I never said anything incriminating about either one of us.
We get to the DWI place and are transferred there. The cop who drove us there stays and puts us in separate holding cells. There is another cop who appears to be in charge. The one who brought us there kept asking the one who seemed like he was in charge a lot of questions about how to fill out the paperwork.
The one who seemed to be in charge tries to get us to submit to field sobriety tests and we both refuse. We also both refuse to submit to chemical testing. S did for whatever reason (unknown to me). I refused because I had no idea what was going on. I literally had done nothing wrong and now found myself accused of who knows what. I had not been formally told of my new charges at this point, nor did/do I understand them.
To wrap this up, we were then transported to jail. I was booked and charged with DWI, Refusal to submit to chemical testing (2nd offense), and Making False Reports to police. I had a clean arrest record up until this point. I'm a veteran, held a security clearance, etc. My current job requires some special clearances from a government agency and my access was removed for a week. I bonded out when I was given the opportunity and consulted an attorney that afternoon.
I have since learned that the taxi driver involved is seeking compensation for damages and injuries and has gone after my car insurance. Not sure how that will pan out but my lawyer seems more concerned about that than the court proceedings.
I am awaiting trial for the False Reports charge and have still not had an arraignment for the DWI/Refusal to blow. I was given my driver's license with my property and was not informed about the DMV hearing I'm required to attend. I can find no record of the arrest online. I will plead not-guilty to everything.
I have a lawyer like I said who is very interested in taking this to trial. S was charged with Hit and Run, DWI, Refusal to blow (2nd offense), Reckless Operation, and I believe one more charge but I'm not certain.
Assuming you've read this far, has anyone ever heard of a case like this and what the outcome might have been? I feel confident in my lawyer's abilities but I'm just curious if anyone sees something my attorney and I don't based on this information. Everything I've written here is 100 per cent true and only VERY MINOR details have been left out. I look forward to seeing any responses on this and will be happy to answer any questions to provide amplifying information.
Drunk and Impaired Driving: DWI Without Being Driver or Even in the Car
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