I am 36 years old and a resident of PA.Had a DUI in PA 7 years ago and completed ARD program. Yesterday while vacationing in ohio hit a post in a restaurant parking lot, minimal damage to fender, drove away to my campground, no other vehicle or people involved. It was dark and I went into wrong entrance to campground was approached by state park ranger.The police showed up and I was taken to local police station. I refused breathalizer test but consented to/requested blood alcohol test. Wasnt read miranda rights, even though I asked several times to be read my rights. I was handcuffed and arrested. Because there was no facility on island to get blood test and no holding cell at island jail, was taken to mainland by the coast guard to sandusky Ohio to Erie County jail. Police there told me I couldnt get blood test because more than 2 hours passed since incident. I was held overnight until my friend posted bond. My charges are 1. leaving scene of accident 2. reckless driving ( there was no police even following me and I was parked and standing outside vehicle when police showed up!)3. DUI. Can I actually be convicted of these charges based on this scenario?
2 Answers from Attorneys
Based on the facts provided, the prosecution will have a tough time proving their case. I would like to know how they knew that you hit the pole at the restaurant. Regarding the OVI(DUI), you have the right to request a blood test. Again, they have to prove you were driving and operatiing a motor vehicle. You definitely need to hire a lawyer. Find someone local to Sandusky who does alot of OVI law. To answer your question, they might have a case with regard to te reckless operation (driving the wrong way) if the Ranger witnessed it. As for everything else, the state has the burden of proof.
Mr. Hess is on the money with his answer. As for the Miranda rights, while they don't provide you automatically with a "drop the charges" result, the fact that you were never read those rights suggests that any statements you made in response to their questions after you were taken into custody would be inadmissible. In case where there is very little forensic evidence (no blood test, no observation of your driving), any statements you made to the police will likely be (and would have to be) the only building blocks of their case. Knock those out and you will likely do well.
As Mr. Hess indicated, it will be very important to get local counsel in the area who is experienced in OVI defense.
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