Question

accused in ohio

Asked 18 December 2012 · 1 answer

The question

i live in ohio i was on my way home from work my brakes went out on my truck i rearended an 18 wheeler the air bag came out and hit me in the face and shook me up a bit when the cops arrived on the scene they automattically assumed i was driving drunk i refused the test there was no open container or drugs in my truck can this be dropped to wreckless op

From the LawyerCentral forum archive. Originally posted 18 December 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 15 January 2013

Hmm the easiest to exonerate yourself probably would have been if the test had come out negative. Since that's not a possibility now, you should focus on making sure that the police can't prove you were drunk while driving. Although reckless operation of your vehicle explains why you crashed, reckless operation and drunk driving are not exclusive; the brakes on your car could have failed even if you were drunk. Given that a prosecutor would use this line of reasoning to shoot down your alternative explanation, you must prove how you were not drunk.

Please seek a criminal defense attorney for legal advice.

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