DUI Charge
a) can you prove time of mr. m. driving and/or collision?
b) can you prove mr. m's. b.a.l. at time of driving/collision?
c) can you prove mr. m�s whereabouts/actions, or that he did not ingest alcohol subsequent to driving/collision and blood test taken in er at 7:15 pm?
the transcript for the preliminary hearing will reflect the officers answer of no to these question yet the judge, (who even commented that the officers could not prove time of driving/collision), found that there was enough evidence to bound me over for trial.
pertinent facts:
Time of collision 2:30-2:45. van vs. tree. no police @ scene.
ingestion of alcohol somewhere between 3:00 & 5:00 pm. (refused to go to er. no health ins., thought I could patch-up myself.)
between 4:45-5:00 pm. neighbor in medical field convinced me to go to er.
police called to er, (by ?)
with the above questions being answered no, does that not show �reasonable doubt� as to guilt. am I not �innocent till proven guilty� �beyond a reasonable doubt�?
I pray that someone can explain to me why I am even still in the court system !
1 Answer from Attorneys
Re: DUI Charge
Those are certainly questions that should be brought up at trial. However, reasonable doubt is not the burden at the preliminary hearing. Probable cause is what has to be shown by the state at the prelim and it is slight. All they have to show is (1) a crime was committed; and (2) a you might have committed the crime. That is it. Your case is going to trial and be glad your attorney accomplished what he/she did at the prelim by getting that all on the record.
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