Legal Question in DUI Law in California

Was at a friends house drinking some shots. My girlfriends old man was going to bed... So i was going to head home. My girlfriend left with me. We were on way to my house... I wasent sure about driving down freeway while under the influence.Parked at store that was closed tring to make a phone call. A black man with a beanie approched my car. I ask him can i help you ?He pulled a gun and said move over! So i jumped to passanger side with my girlfriend. He yelled keep your head down or i will shoot both of you!He started my car and took off spinning out down the freeway! Next thing i know we were sliding out of control and then major impact! I was in shock at this point and bleeding from my eye! My girlfriend said what happend ? I said we just got car jacked and flipped end over end and need to get help! I helped her out of car and headed for the first house we seen. We got to house and ask to use phone. Called 911 and and told them i had been car jacked. The CHP came to the house and ask what happend and i tried to explain i had been car jacked. He insisted that i was lieing. He ask if i had been drinking ? I said yes thats why i was parked at store tring to call for a ride. Then was approched by man with a gun who wreaked my car.... Then he said he was detaining me till he figured out what was going on. I said I just told you what happend and now your detaining me ? He handcuffed me tightly and put me in back seat of cop car. I was very upset at this point... He was tring to say that my girlfriend was driving when we wreaked. He said she was going to jail for felony DUI unless i told him i was driving... we were then takin to hospital to get checked out for injury,s. They told my girlfriend that if she didnt say I was driving she was going to jail... The cheif of police came and told me i was a bad friend for letting her take the blame. I told him whatever keeps her out of jail. Is this legal for them to just not listen to what happend to us ? Now i have felony DUI charges,Hit & Run,Resisting arrest and a few more charges! Is there anything i can do?


Asked on 8/09/14, 4:50 pm

1 Answer from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney, who has been handling these cases for close to 30 years, you can only do 1 thing....FIGHT THE CHARGES.....Find an experienced attorney to fight the charges and you may need an accident reconstruction expert. go over all the facts with the lawyer, and I'm sure the DA's just won't believe your story.....So you need to present things to the DA to show them that your version of the events may be believable. I wish you well....... David Wallin

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Answered on 8/09/14, 4:59 pm


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