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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15949
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was in a car accident and I was completely sober.

Resolved Question:

I was in a car accident and I was completely sober. The officer did not say I looked under the influence at all, but asked if I wanted to take a sobriety test so there was definitive proof. I did, and I easily passed. I asked the officer specifically if there was any question about me DUI and I offered to take any additional tests available because I know it is serious.  The officer did not offer any more tests, and said "if I thought there was any chance you were DUI you would be in the back of my squad car." I left the accident scene after being dismissed by the officer. The other driver is now trying to say I was DUI. Crazy!!!   I think it is a desperate lie because they are going to be found 100% at fault for the accident.  They're trying to scare me.  How can they ever prove that I was DUI?  I passed the sobriety test, there was no blood or breath work to support DUI, and the officer confirmed my sobriety?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello,

I agree with you. It would appear that your sobriety was never a serious issue to the police, who failed to arrest you for it or to take you for a blood or breath test. The other person can say all he wants to his insurance company who can say anything they want to yours. It doesn't negate the fact that police were on the scene and found absolutely no evidence of intoxication.

If they had, you'd have been arrested and your vehicle impounded. This guy looks like he might just be trying to set things up for the possibility of a future civil suit. But if so, it will come down to his word against the officers' on the scene. The police are objective observers and should be more credible.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15949
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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