My question involves criminal law for the state of: Texas
I know it's long but it's my life and I want to know what's going to happen.
I had a question about my DWI charge and what can I do? Can I sue and get compensation for everything I have payed for? Can I sue my friend or the officer? What type of attorney should I get for what I'm about to say.
I was arrested and charged with DWI. It all started on January 25, 2015. Me and two other friends, John and Eddy decided to go to a bar so we took my car, which was really my moms car, a 2014 Nissan Altima sedan. On the way I was driving the car to the bar(Mcfaddens) We had more than a couple drinks each. At the end when the bar was closing, John made a friend and he hopped on this random girls car(Kim) with her roommate(Willy.) I don't actually know their names. So Eddy and I went back to my moms car and followed them. Eddy was following them back to their house. We got to Kim's and Willys house so I had one more drink at their house, I don't know about my friends. But I felt hammered so I decided to head back to the car and I fell asleep on the driver seat with the car turned on. This is the part where I don't remember and blacked out.
We had been in a car accident. My moms Altima had rear-ended an empty Mustang parked on the highway. By the time the cops got there we had all been outside the car. I don't know who pulled us out the car. So the cops didn't know who was driving. The first thing I remember was already being outside the car and being questioned by the officer Grinch. I didn't know were my friends where at. I remember officer Grinch tell me that my friend, Eddy had gone to the hospital. Eddy was in the back seat and he didn't have a seatbelt on so he was launched to the front of the car and cracked his skull open with the dash. I barely remember the Sobriety test and his questions. I remember the officer telling me that both of my friends were blaming me that I was driving the car. He also told me that my vomit was found on the driver seat. From that moment on I did actually believe I was the driver of the car. I didn't confess it was me when the officer was questioning me. Officer Grinch was taking me to the hospital to get me checked out to see if I had internal bleeding because our car had been totaled. Hence that this whole part is something I vaguely remember. I remember this part the most when I got to the hospital. I got checked, they took blood sample and I was good to go. I saw Eddy and he had stitches on his forehead. He was telling me that how much his head was hurting. Eddy told me that he told officer Grinch that I was driving the car at the scene of the accident. We he was at the hospital getting his stitches done he changed his story and said John was driving the car. That's what Eddy told me when we were talking on the hallway. There was a cop standing next to us recording our conversation.
Fast forward 3 to 5 days later after I got out of jail. Eddy and I met up at Applebee's to talk about what happened, this was the first time seeing him after I got arrested that day.
We talked about it and he said, I'm paraphrasing now: that minutes passed and they were looking for me at Kim's house and couldn't find me so they went back to the car and found me passed out on the driver seat, with the car turned on. They were trying to wake me up hitting the windows, making noise. Eddy told me I managed to wake up and unlocked the car. Eddy and John moved me to passenger seat and buckled me in. Eddy told me John was driving the Altima trying to get us back home. Eddy said that John went to Eddy's house the next day after the accident happened and John confessed that he was the driver. He said that he was going to man up and confess. To this day I haven't seen John. All of this, I didn't know when officer Grinch was questioning me after the accident.
To this day I'm waiting for my trial,which has been postponed several times due to DNA. Well the DNA arrived only 20 months later. And it excludes me from being the driver. Officer Grinch didn't run DNA on John and Eddy. He only got my DNA. So now that we know that I wasn't the driver can I sue John or officer Grinch for blaming me. Can I get a compensation for all the fees I had to pay over the months. For the breathalyzer on my car, the jobs I couldn't keep due to multiple court dates. Lawyer fees, the check in every month. My case goes on trial on November 16.
I know it's long but it's my life and I want to know what's going to happen.
I had a question about my DWI charge and what can I do? Can I sue and get compensation for everything I have payed for? Can I sue my friend or the officer? What type of attorney should I get for what I'm about to say.
I was arrested and charged with DWI. It all started on January 25, 2015. Me and two other friends, John and Eddy decided to go to a bar so we took my car, which was really my moms car, a 2014 Nissan Altima sedan. On the way I was driving the car to the bar(Mcfaddens) We had more than a couple drinks each. At the end when the bar was closing, John made a friend and he hopped on this random girls car(Kim) with her roommate(Willy.) I don't actually know their names. So Eddy and I went back to my moms car and followed them. Eddy was following them back to their house. We got to Kim's and Willys house so I had one more drink at their house, I don't know about my friends. But I felt hammered so I decided to head back to the car and I fell asleep on the driver seat with the car turned on. This is the part where I don't remember and blacked out.
We had been in a car accident. My moms Altima had rear-ended an empty Mustang parked on the highway. By the time the cops got there we had all been outside the car. I don't know who pulled us out the car. So the cops didn't know who was driving. The first thing I remember was already being outside the car and being questioned by the officer Grinch. I didn't know were my friends where at. I remember officer Grinch tell me that my friend, Eddy had gone to the hospital. Eddy was in the back seat and he didn't have a seatbelt on so he was launched to the front of the car and cracked his skull open with the dash. I barely remember the Sobriety test and his questions. I remember the officer telling me that both of my friends were blaming me that I was driving the car. He also told me that my vomit was found on the driver seat. From that moment on I did actually believe I was the driver of the car. I didn't confess it was me when the officer was questioning me. Officer Grinch was taking me to the hospital to get me checked out to see if I had internal bleeding because our car had been totaled. Hence that this whole part is something I vaguely remember. I remember this part the most when I got to the hospital. I got checked, they took blood sample and I was good to go. I saw Eddy and he had stitches on his forehead. He was telling me that how much his head was hurting. Eddy told me that he told officer Grinch that I was driving the car at the scene of the accident. We he was at the hospital getting his stitches done he changed his story and said John was driving the car. That's what Eddy told me when we were talking on the hallway. There was a cop standing next to us recording our conversation.
Fast forward 3 to 5 days later after I got out of jail. Eddy and I met up at Applebee's to talk about what happened, this was the first time seeing him after I got arrested that day.
We talked about it and he said, I'm paraphrasing now: that minutes passed and they were looking for me at Kim's house and couldn't find me so they went back to the car and found me passed out on the driver seat, with the car turned on. They were trying to wake me up hitting the windows, making noise. Eddy told me I managed to wake up and unlocked the car. Eddy and John moved me to passenger seat and buckled me in. Eddy told me John was driving the Altima trying to get us back home. Eddy said that John went to Eddy's house the next day after the accident happened and John confessed that he was the driver. He said that he was going to man up and confess. To this day I haven't seen John. All of this, I didn't know when officer Grinch was questioning me after the accident.
To this day I'm waiting for my trial,which has been postponed several times due to DNA. Well the DNA arrived only 20 months later. And it excludes me from being the driver. Officer Grinch didn't run DNA on John and Eddy. He only got my DNA. So now that we know that I wasn't the driver can I sue John or officer Grinch for blaming me. Can I get a compensation for all the fees I had to pay over the months. For the breathalyzer on my car, the jobs I couldn't keep due to multiple court dates. Lawyer fees, the check in every month. My case goes on trial on November 16.
Drunk and Impaired Driving: Unique DWI Case: It's My Story
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