Does anyone know if I might have a case?  |
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 Here is my story I will try to be brief however I want to be sure I get all the information in here so maybe someone can give me an answer.
My daughter is almost 17 years old and all the years I have raised her I did not drink alcohol.A year ago she went with close family friends to Disney world,I paid for the trip and thought I was prepared to let her go.When she called me from Florida I felt slammed or something it took me awhile to figure out just what it was that bothered me so much,it was the fact that she got a plane and went all this way without me.I didn't realize it would bother me that she would not need me.
Now I happened to be at my sisters house who is a big drinker,she was drinking that day.Me being an alcoholic is why I didn't drink all the years while I raised my daughter.I made a big mistake that day and chose to drink.I had a very difficult time not drinking after that,I tried hard for my daughter not to know because she had never seen me drink and I didn't want her to.
One night I was already drinking when she came home from the neighbors house where she was supposed to have been spending the night.At 1st she didn't know what was wrong with her mom but once she figured it out she flipped out.After her yelling and screaming for awhile I chose to go sit in my car and listen to music.It was late at night and I didn't want her screaming to bother the neighbors and I also wanted to cry for I could not believe I had done this to her.
I did not know that when I went outside she thought I intended to drive,not seeing me drink before she was very scared and she called 911.
When the cops got to my house I was sitting in my car with the door open,and talking with my daughter.I was actually apologizing to her for scaring her.I will not deny that I was quite intoxicated but I was not driving and had not been driving.I was in my nightgown and slippers.I never denied to the officers that I was drunk I only told them that I was not driving and my daughter even said that no I had not left my driveway.
The officers told me to put my hands behind my back that I was being arrested,only at that point did I stop being polite with them and I resisted arrest.Here I am a 41 year old lady with Multiple sclerosis and I had four cops slamming me to the cement one had his knee on the side of my head with so much pressure that my ear was swelled and bruised the next morning.
At the station they asked me if I would take a Breathalyzer test.I refused telling them that I thought it would be admitting I was drinking and driving.They did not dispute this with me nor did they tell me I would lose my license for not taking it.Otherwise I would have taken it like I said I wasn't trying to say I wasn't intoxicated.
At court I was told to plead guilty and they would drop the Breathalyzer charge,otherwise I could be found guilty of both and lose my license twice as long and have double the fines.I was surprised at what the cops said about that night.I thought they were lying but because I had been drinking I also thought it was possible I didn't remember correctly I came home and asked my daughter what she remembered and she remembered it exactly as I did.The officers were saying they had to stop me from backing out of my driveway. My daughter says the door was open I had the keys in my hand and she and I were talking because she had calmed down.
I am still paying fines that I cannot afford,I do not have my license and I have to go to some driving school that is going to cost me $350.00 to go to this. What I would like to know is can I take them to civil court or something to get back at least the fines and something towards days I missed work due to court and a few days when I was unable to get a ride?My daughter is my only witness so I don't know what my chances are,I do not have a clue,I have never been in trouble before so I really don't know what to do?I feel I was forced into pleading guilty because I was told it was my best course of action.
Jas
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1.  HouseKat (664) | 7 months ago |  I am sorry that this has happened to you. It is terrible when the police act on assumptions based on what they see. Unfortunately, in most states, because you were in possesion of the keys, and you were in the car (I am assuming the driver's seat), the police can arrest, and charge you, with a DUI or DWI. In the eyes of the law, the burden lies with you to prove that you had no intention of driving even though you had the keys and were in the car. Your daughter being your only witness makes it very difficult to convince a court that your intentions were not as they appeared, especially when it was yoru daughter that called 911.
As far as taking civil action due to the fines and lost work, because you pled guilty voluntarily, there isn't much you can do about that either. You cannot appeal your guilt because you were not found guilty, you pled guilty. Since you cannot appeal the ruling, any civil action would be thrown out based on that fact.
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 jasmine0728 (386) | 7 months ago | Yeah I guess I just have to suffer the consequences of my actions.If I hadn't been drinking none of this would have happened.I just can't believe the officers get away with lying,that really angers me.Now I have a record as one who drinks and drives.The good thing about this is I am not having any problem not drinking anymore.I guess things happen for a reason.
Jas | |
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2.  ShealM (264) | 7 months ago |  Unfortunately, and I am sorry that you had to go through this, the police had what is called just cause\probable cause to arrest you and charge you. From the sounds of it, and I commend you for this, you may (my assumption here, I'll stand corrected if it was not the case) have initially decided to drive drunk but changed your mind in the end. The police officers were doing what they are trained to do - remove the potential for dangerous actions and in this case it was to arrest you and let you sober up in the "drunk tank".
Another unfortunate is the misconception that you must plead no contest or "guilty" because the lawyers\police\courts just want to get the case done and adjourned and go home to dinner (my theory on it anyways, it's just easier for the client to plead no contest). You now have the responsibility to pay the fines, not have your license and now do a driving school at your expense. There's no real way out of it, you've already plead guilty or no contest to charges.
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| jasmine0728 (386) | 7 months ago | Thank you for your response.I do have to agree with what you said about the police having to remove the potential of me driving under the influence.I hadn't really looked at it that way,my friends keep saying,but you weren't driving so how could they arrest you.No one pointed out what you said and I hadn't really thought of it.I can say in some ways I am happy it happened I have not had any problems not drinking since.I would never want to be this scared again,and never put my daughter through it again.I will jsut have to get through this and carry on.
Jas | |
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| 3. tinkerick (923) | 7 months ago |  Your whole ordeal is unfortunate. And it is very unfortunate that you did not consult someone BEFORE you went to court. That's where you can do the most for yourself. Now that court has already made its decision there isn't much you can do about reversing it. I highly doubt an appeal of the court decision would even be worth the court costs to file it.
The only thing I can suggest is to file a case for brutal treatment. There was no apparent reason for them to treat you so roughly. Especially in front of your daughter, with whom you were speaking calmly.
Hopefully you got a picture of your ear the next day - it would help. But if not, you could still try to press the case since you have your daughter as a witness. Maybe a friendly neighbor saw too? I would consult a lawyer before filing any charges.
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| jasmine0728 (386) | 7 months ago | thank you for your response.
I am thinking you are right I should have consulted someone first and had I been able to afford a lawyer I may have been able to win the case but I couldn't.I have to keep in mind if I wasn't drinking it would not have happened and just deal with it.
Thanks again
Jas | |
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| 4. Hunnnydew (29) | 7 months ago |  What is more important at this point is that you are getting help for your alcholism. As you know drinking will destroy your life and it sounds like you need to stay away from anyone else who is drinking or in a self destructive situation. I pray that you will seek other solutions to your distress than to rely on another person or substance.
Blessings!
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| jasmine0728 (386) | 7 months ago | For all the years I stayed away from alcohol while I was raising my daughter I was able to be around my family,they all drink it never bothered me I felt good that I was able to do the right thing for my child,and sad for my nieces and nephews who weren't so fortunate.That night I don't know why I was so stupid,and then like I said I couldn't stop.For now I have told everyone in my family I am staying away until I feel strong enough again.I know I can do it,I did it before.But back then it was easy I was pregnant and wouldn't poor alcohol into my babies mouth,and I knew I couldn't raise her properly.Then it was all for her,now I have to do it for me and it isn't as easy,but it has been one and a half months since this incident and I have not drank.When I feel strong again I will get back in touch with my family.
Thanks,
Jas | |
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| 5. DaddyOfTheRose (2272) | 7 months ago |  I don't know about law. I don't really know about police. But I have some experience with police. Here's what I can say. Police see what they want to see. They say what they want to say. It is very hard for you to prove them wrong. And, in your case, the judge will likely look with doubt on the words of the person who was drunk. In general, don't call the cops in on things unless you really need to do so.
The bigger issue is your alcoholism. Focusing on the ticket is a distraction.
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6. inuprincess2006 (35)  | 7 months ago | Hi! I agree that this entire situation is unfortunate. I'm glad, though, that you haven't drank since then. Even though I come from a family of cops, my knowledge of law and law enforcement is limited compared to some people. But being around cops all my life has taught me something: A lot of cops (not all, but a lot), think that they are above the law and can get away with anything and use whatever force they want, no matter how much resistance is or isn't put up by their suspect. Their lies were most likely an underhanded attempt to strengthen their probable cause and justify their violence. It angers me every time I hear about a situation like this, as I have lost an uncle and an acquaintance to forms of police brutality. While I'm not sure that appealing your case would be worth it in the long run as you've already pled guilty, I would see what action might be taken against the cops for their brutality and their false accusations. Make sure you've got a lawyer that genuinely cares about your case, and talk to him/her before you take action. I would also talk to someone about how best to deal with your money situation now that you've got so many extra expenses. Best wishes! I'd love to know how it all turns out.
Namaste,
Becky | |
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| jasmine0728 (386) | 7 months ago | Thanks for your response,
I think I am just going to let it go.I am angry also that they can get away with this,but I have to remind myself if I weren't drinking none of this would have happened.I have never been able to drink socially and I am staying away from it now.So life goes on,and I will get through this.It is so nice that so many people have responded to this discussion with kindness understanding,and helpful ideas.
Thanks,
Jas | |
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| 7. sweetpeaDi (18) | 7 months ago |  I'm sure you have read the other comments and mine would be roughly the same as theirs. I am so sorry that you had this experience. Let me say that I am proud of you for trying to get your life back on track. I have an unrelated question for you. How does alcohol affect your MS? I have a friend recently diagnosed and she seems to be dealing with the depression from this discovery with alcohol.
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| jasmine0728 (386) | 7 months ago | The alcohol didn't seem to affect the M.S. symptoms too much,although honestly I was able to walk a little further before my legs would get weak,and or stiffen up on me,but not much.
Other then that it helped me to forget about it for awhile,and yes lift the depression.For me it could only lift the depression for a short while though because I never could stop at two or three drinks.We all know that alcohol is a depressant so after four or five drinks I would start feeling sorry for myself,and afraid for my future.Of course the next morning the depression is always worse.If your friend is the type that can have a few and it helps lift her spirits for a little while then I say go for it.M.S is a very scary illness because it can knock you down at any time,there is no guarantees about anything with this disease.Three years ago I lost my eyesight twice from this disease and I am so lucky it was only for very short periods.However it could hit again at anytime and last for a much longer period of time.I think that is what I am most afraid of.I am a single mom,as I am sure you can tell from my posts I couldn't expect any real help from them.I always worried what would happen to my daughter,I am much more relaxed about that now because she is almost 17.Not only 10,or 11, and I have a friend that I trust completely that has said she will take her and I in if I ever got so sick that I couldn't be here alone.That in itself is a major relief.
Good luck to your friend,
Jas
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| sweetpeaDi (18) | 7 months ago | Thank you for your advice. It's wonderful that you have such an awesome friend willing to take on the responsibility of a child for you! She doesn't have an issue with alcohol but she is severly depressed. I couldn't imagine such a life changing thing. One day you think you're fine and then you get hit with strange symptoms. Next thing you know... well, you are all too aware. Has the medicines seemed to help you much? Do they prolong your remissions? I am praying for you! | |
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| 8. snowy22315 (5612) | 7 months ago |  I think you need to get a lawyer if you dont have one already. they would be the best to advise you about this.
If you cannot afford one have the court appoint you one or go to legal aid. That's a predicitament you got yourself into. I hope you are attending AA.
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| jasmine0728 (386) | 7 months ago | Thanks for the response,I did have a public defender he is the one that advised me to plead guilty.In Rhode Island I don't know if the law might be a little different.Never having been in a situation like this I didn't know there were two separate charges.One was with the department of motor vehicles for the refusal to take the breathalyser,the other is in criminal court for the dui.So what they did was make me plead guilty to the charge that I did not do and they dropped the one I did.L.O.L.It was either that or risk losing on both charges and double my trouble.If I have quit drinking again out of this then it will be worth it.
As far as A.A. goes I have a friend whos has taken me a couple of times but until I get my license back it doesn't seem like I am going to be able to get there on a regular however I will be going when I am driving again.I do see a counselor once a week and that helps a lot.
Jas | |
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| 9. jensgeukens (249) | 7 months ago |  Hi, I'm a Belgian law student and although I don't have much time to answer the whole case since I've got examinations within two days I'm maybe able to point out a few things which hopefully can help you..
First of all: Maybe you can call for compensations for brutal treatment and unintentional injuries..but this is only possible when you can proove the damage and a fault of the police. Probably the police is going to say they had no other choice than to put you on the ground so try to find some witnesses: your daughter, maybe neighbours.. who can confirm that the police was overreacting..
Also make sure you can provide a doctor's note which displays the damage done to your ear and which tells the injury was a consequence of a brutal treatment.
You also can appeal in high court, but of course there's a chance that you will get more cost for judicial procedures instead of being compensated. I suggest you don't appeal unless you have a couple of witnesses or other proovement of the situation.
Other questions: did you tell this story to the judge? Does the police have any proof of you driving the car because they can't suspend your license if you were not driving!!! If you had explained this story to the judge like you did here, I don't think the judge would have found you guilty...
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| jasmine0728 (386) | 7 months ago | I wasn't given a chance to say anything to the judge.I really didn't have a clue what was going on.The first judge in traffic court suspended my license pending a hearing because I pled not guilty thinking I would have my say as to why I said no to taking the test and that the police didn't tell me any different.That was the division of motor vehicles.Before the hearing with them I went to the criminal court for dui I asked for a public defender and the case was postponed.The lawyer talked with me for about 10 minutes before court and said I would lose at the division of motor vehicles,and that if I lost in the criminal court everything would be doubled fines,and loss of license.I got scared and pled guilty so they would drop the refusal charge.
Thank you for your advice I do not have any proof of anything other then my daughter and I don't think they will take her word for it.One of the saddest and most embarrassing parts of this story is,my daughter is going into law.She had just finished a class with our local police department and a couple of these officers knew her.I feel bad that even she knows they lied,it really upset her.I feel even worse that she had to see them put handcuffs on me and take me away.I will never forget that,and never have another drink because of this incident.She is the one that wanted to bring them to court if it weren't for her I would have to wonder if the cops lied,I thought I remembered it correctly but she confirmed it for me.
No the police know that I was not driving because they had just been on my street twenty minutes before because of my neighbors.I know that makes it sound like I live in a bad neighborhood,but honestly it was odd that they were here that night.Some college kids,about 8 of them rented an apartment in back of me,it was their 1st weekend here and they had a heck of a party.Someone called the cops on them for loud music,I was on my deck having a cigarette when they came.They asked me if I called I said no,but they knew me from my daughter going to that class.So they did know I wasn't driving,and I was in a nightgown and slippers,where would I have been going?.L.O.L.
Thanks for the info,
Jas | |
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| jensgeukens (249) | 7 months ago | Do you live in America? Because I'm starting to think that your country's legislation and judiciary procedures are like sh*t.. Everyone has a right to speak in court when you ask for it and to defend themself when accused! It's a procedure error when this is not accomplished.. Whole this case is one corrupt mess..
If you weren't allowed to speak freely, then I suggest you make appeal for this due to unfair trial. You should have come up for yourself in court though... | |
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| 10. Hatley (13667) | 7 months ago | Jasmine first do you have a lawyer friend who could
advise you on just what you can and cannot do about
this? Or get the advice of a lawyer. I too have never
been in any trouble so do not have any real clues
either. but getting legal advice would be the first
thing to do and do not drink any more, honestly.
good luck and hope some mylotter can help you more than
'I have. God bless. and do take care. | |
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| jasmine0728 (386) | 7 months ago | Between my daughter and my friends telling me they can't take my license when I wasn't driving.I think I just got caught up in it and my daughter was really mad that they lied.She is taking law classes at high school and researched it.She got all excited thinking we had a case.We really don't in the grand scheme of things I just have to deal with it.If I weren't drinking it wouldn't have happened.
Jas | |
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