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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12437
Experience:  Attorney
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scenerio son in jail or copping to dui he did not commit,

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scenerio: son in jail or copping to dui he did not commit, someone else driving, he is in jail now 30 days with 75000 bail. why he admitted not clear, sustained head injury, keys in other persons pockets,drivers seat too far forward for hson to be in, he is 6'3" driver 5'2", can the position of drivers seat be used as any kind of proof at all
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

Thank you for entrusting me with your question. You said that your son admitted he was DUI... has he been to court yet? Has he pleaded "guilty" or "no contest" in court?
Customer: replied 5 years ago.
1st date of Aug 2nd, remanded to jail without plea "threat to community" he has seen defender only 1 time since then has no basic information of what to expect
Expert:  Brandon M. replied 5 years ago.
When is the next court date?
Customer: replied 5 years ago.
9/8/2011
Expert:  Brandon M. replied 5 years ago.
How many people were injured and how badly?
Customer: replied 5 years ago.

my son hit the front rearview mirror with his head sustained a concussion numerous cuts and abraisions put onto a back board and transported by ambulance to hospital;

the driver sustained markd to sternum, seat belt marks to chest complained to me personally of pain relating to steering wheel to chest. He was released immediately, my son was held overnight and then arrested and taken to jail

Expert:  Brandon M. replied 5 years ago.
$75,000 bail is tremendously high for a DUI, even with significant injuries. Do you know which statutes he is accused of violating? Do you know their numbers?
Customer: replied 5 years ago.
I live in Florida, and have for the past 9 years, I am only familiar with his behaviors of this incident if there are more past behaviors that he is not relating to me I cannot be sure, I do know tha when he was arrested at the hospital it was for a past bench warrent but that has been taken care of since, so to be honest with you and not be wasting your good time I can say I do not. He is no angel but he is no criminal. Just bad judgement, unfortunately. But he is no threat to society.
Expert:  Brandon M. replied 5 years ago.
Do we know if he has been offered a plea deal and, if so, what the terms are?
Customer: replied 5 years ago.
no plea deals as of yet, I just kind of want to know if there is anything else we can do on the outside to help on the inside and get the justice. Cuz I am not seeing any with this case. I truley cannot tell you if there is more to this scenerio or not I kind of think there is but the fact remains that he has been in jail for 31 days now, the man that was driving is out working everyday providing for his family and my son cannot because he's thaere for something he didn't do this time.
Expert:  Brandon M. replied 5 years ago.
On early morning Saturday, September 3rd, there is really nothing that can realistically be done before a September 8th court hearing.

You asked about the seat position. "Yes" it can be used as evidence. I have used seat positioning as evidence in multiple cases involving DUI drivers.

There is something missing from this case. I don't recall ever seeing a $75,000 bond on a DUI, except where there were also manslaughter charges. I am not saying that there was a manslaughter in this case, but something is definitely missing, and I feel like you and I simply do not have much information here.

On the 8th, he will have access to his court appointed counsel. That will help.

I understand wanting to help; this is the hardest part of this process for everyone involved. It will get better. Once charges are actually filed and a plea is entered, everything immediately becomes less hazy.

My suggestion, if you want to help, is to contact your son's attorney on or after the 8th and coordinate with their office to employ a private investigator if you have the resources to do so. Other than that, based on the information provided, I unfortunately do not have any other suggestions with so little time between now and the next court appearance.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
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