Uh, where does it say he was obeying the drinking law? Just because he was under the maximum allowable blood alcohol level doesn't mean he was not impared. I assume that like most areas, his allows arresting officers to check his motor functions and form an opinion outside of what the breath test shows. Different people react differently to alcohol, and he may have been impared. Or not, but nowhere is it clear that he was OBEYING the drinking laws. These always say, in some wording or other: DON'T DRINK AND DRIVE IMPARED.

 

cousinSven, I believe any decent lawyer could literally crucify you with nothing more than you stated in your original post.
"I had just had a few beers within and hour and a half while bbq."
"I was only going 25-30 and gave it 3/4 throttle around a 90 degree very wide turn, and the car suddenly slid on me over a sidewalk into a ranch style fence post." 25-30 MPH around a 90 degree turn? You may want to omit the use of the word "suddenly" here, also avoid the phrase "out of nowhere".
"They said I had to be going fast, but I wasn't, The passenger said I wasn't." I would like to point out that speed enforcement is not job of your passenger.
"My family was within 5 feet of my field tests, and they didn't notice any evidence of impairment". I am also assuming no one in your family is law enforcement and trained in giving field sobriety tests. I'm not even gonna bring the trees into it. Have you given a deposition/statement? I would think anyone on a jury would find your perspective skewed, not to mention somewhat lacking in acceptance of responsibility.
"This accident would have happened anyway because this was my first time with throttle on oversteer and it scared the crap out of me, and because all my reflexes and cognitive test showed I wasn't impaired." May I suggest you shouldn't be driving one at all then.

Sorry to be so malicious, I was T-boned by a drunk in my now destroyed CRX. I was hurt and spent 2 years in a legal battle with The drunk's employer (he was working driving a van laden with crap) and their insurance. The drunk is I believe still missing after jumping bail. I know his name and he will spend the rest of his day's hoping to never encounter me. At least I finally settled my case.

I don't know you, or what transpired. I wish you no ill will. However based soley on what you said, I think this one is on you. Get a really good laywer. Remember when their grilling you if you don't know the answer to something say; "I don't know sure" or "I can't say with any certainty" never guess!

 

Road Rage, I like the point about the tires being his, I also like the use of the word responsibility. :-)

 

"My situation was no different than having a couple of beers at a restaurant with dinner and driving home. Put that into perspective. People do that all the time."

cousinSven you are your own worst enemy. Also, I noticed you said something about the officers not completing their field tests. I believe they stop when there is no need go further with them.

Have you considered getting a sport bike? :-) Just kidding man, thats way outta line.

 

Ok, now I try and be productive. First of all I would get a lawyer yesterday. Not your friends either, I'm really not slamming them here I speak from expierience. cousinSven is it a first offense for everything not just DUI? (don't answer) Can you plead to lesser charge of reckless driving or something? If so I would consider something like this. Pay whatever fines/community service they impose and stay out of county jail. They will send you there for that you know. If you are convicted in CA of DUI I believe (not sure here) the judge can send you straight to county jail (Twin Towers). I know for a fact if you are convicted of a DUI and fined or senteced to community service or both and you do not fullfill you oblegations to the court you will be sent to county. I know someone this happened to. He was senteced to two days and spent closer to five due to processing. If you go don't plan on sleeping much. In my friends case no property damage of any kind occured. He simply couldn't pay a steep fine. I was surprised they sent him for it. I remember asking him if he went to court drunk, or took swing at the judge or what. From what I understand you would be more likley to wind up in county for blowing off community service as it is disrespectful to the court.

You really are lucky no one was hurt. Here's a bit of trivia, did you know that in CA bankruptcy (the types that apply) dosen't protect you from a judgement in a DUI case?

 

Oh yeah, even if there isn't a traffic collision report, If you were arrested and booked there should be an arrest report. Get it, study it. It will be pretty important, alot is left to the discretion of the officers that responded on scene. They usually stick to what they wrote in their reports pretty well. If they thought you were drunk at the time that's probably enough.
I was thinking if a jury see's a picture of your car they're not gonna see what great value of sportscar it is. They will see decadence. Twelve people who don't want to be there, May or may not be of average intelligence are gonna see your beatiful little car. I just read somewhere that spite and envy coupled together is one of the sweetest motivaters. Rings true to me. I also just read the term "scofflaw". I only mention this because it seems a jury could simply see your car and form an opinoin of you as a "scofflaw" tearing down public roads. I know thats probably not even a word.

 

If YOUR lawyer is asking YOU to do research, you need a new lawyer, my friend.

 

Axel6 either a lawyer or been screwed by one. :-)

 

 

Nice, thanks........shouldn't be driving one at all....that's the spirit. Nevermind.