my point is only to keep to 1 story and repeat it the same way time and time again , Steve I am sure you will agree to that.
Dave
Dave
R.I.P Monte
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I agree with that but truth is a perception and perceptions change so it is not always a problem if the story changes somewhat.with some details. But once the events have been formulated in ones head that version has to remain consistent. Eye witness are usually terrible witnesses and in this case he is an eyewitness...
It was on a straight open country road. The car was blocking half the road as in taking up just about 1 whole lane. Either way there was more than enough room to get around me. The couple cars before him had no issue driving by me or even seeing me. My lights were on and the flashers were on combine that with my buddy and me waving flashlights. I wasn't hidden at all.
dude, sucks about the monte... I know alot of hard work and sweat went into it. Glad you and your buddy are alright. like they stated above, get a good attorney, talk to the DA on monday and see if you can get a continuance so you can get proper legal representation, should be no problem.
Good luck
Good luck
Even if he wanted to plead guilty on his first appearance I doubt the Judge would allow that. First off there would be a requirement for a pre-sentence report before he is sentenced and there may be some alternative programs he can take.
http://www.owischool.com/
http://greatrivermedical.org/health-services/owi-program-for-first-offenders
http://www.robertpetersonlaw.com/owi-dwi-dui-in-iowa.html
http://www.owischool.com/
http://greatrivermedical.org/health-services/owi-program-for-first-offenders
http://www.robertpetersonlaw.com/owi-dwi-dui-in-iowa.html
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I just realized this thread! This is crazy. That's why I just don't drink.
I can't even lie, too many drinks and the place I'm most tempted to go is the driver's seat. I think it has something to do with the way the A pillars funnel the sound of the music from the radio right into my ears. However, I too quit drinking for good, about a year and a half ago, so I don't have to worry about problems like this happening at all. I'm really disappointed to see this happening to someone on here. I would stack $ and stop talking about everything, even on here, and lawyer up if I were you. The easiest story to repeat is the truth, but the whole point of a lawyer is to absolve responsibility for yourself if your defense gets caught in a lie. Remember that!
I can tell you from experience this won't be resolved with what he said or says. It'll be technical as in what his status was at the time of the accident. The .16 he blew is not relevant since it the test was taken well after the event. It depends on the time of the events. I don't know what he ate before or while drinking but on an empty stomach the alcohol in a beer will be absorbed in 20-30 minutes. That being said he was very close to home so his body may not have adsorbed enough alcohol to cause him to be impaired at the time the car broke down and he was not driving. He may have been sober at that point and when the police showed up the alcohol may be been absorbed by his body to point where he failed the field sobriety test. The he was given a test later allowing more alcohol to be absorbed where he blew .16 When someone is at a .16 they have a hard time driving never mind standing or doing field sobriety test. They usually video the field sobriety and if that helps to establish his body was still in the process of absorbing alcohol he'll have a good case. That will question his state at the time he exited the car after it broke down. That ought to be enough to give reasonable doubt and have the charge dismissed.
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