Piss Drunk - Totaled Truck - Flee Scene - Avoid DUI?

[USMCsilver]

At ~3:20 this morning, we were awoken by a long screech, a boom, and a crash. Obviously, I knew what happened.

My heart was racing.

My wife and I jumped outta bed, she dialed 911 before getting dressed, and I got dressed, grabbed two Surefires, and hauled ass outside.

Racing even more.

In the vacant neighbor's yard, there rested a nice, new Ford F-150 quad cab upside down. There was debris everywhere (construction worker) and the only busted window I could see was a small hole in the rear glass. All the windows were tinted, but I could shine in the small hole (~1'x2') and see most of the interior. No body was there. I saw a scoped rifle along w/ two shotguns back there, and all sorts of other mess.

The driver lost control, skidded off to the right, over-corrected, and then hit the ditch/embankment and that's what lead to the flip. I was very worried that when the truck hit the embankment which is pretty steep, the driver was ejected. So, I went into a somewhat wooded area to search for a body.

Within about 4 minutes from the call, the first volunteer fire fighter arrived. We looked some more. Then another volunteer ff, then EMS, then deputy, then trooper, then some more volunteer ff, another trooper...

Anyway, the driver was gone. Wallet was in the car; found out it was the son of a big contractor here in town.

We got outside within about 45 seconds of the crash. We never saw anyone flee.

Funny thing was, there was a knock on the door this morning; it was the kid's cousin asking about where the truck was and how it was "stolen" last night. RIGHT...the keys were just left in the ignition.

Beer cans/bottles were in the truck. There were two large "tubs" that held ice cold beer of various varieties. It was Friday night...etc. You figure it out.

Now -- the question -- if you're trashed and have a single car accident, would it be safe to say that if you flee you avoid the DUI charge and just get charged w/ leaving the scene of an accident?

[void *]

I've heard of people fleeing and getting away clean. I wouldn't place bets on it being common.

I don't think it makes a whole lot of sense for someone to want to swap a DUI charge for a fleeing the scene, though - I think a fleeing the scene is punishable by five years and $10k or something like that, whereas an initial DUI is 72 hours and 2k (at least, here in Texas, if the internet is not lying today).

Of course, the smartest thing is to not drive drunk ...

[JellyBelly]

Around here the cops have to catch you drunk. If you hide until you sober up, you probably won't be charged with OUIL.

They can still nail you for lots of other stuff though. You ain't in the clear.

[paynter2]

I think it depends if you are elected to public office (or not).

The Kennedy's have made a science of the 'art'. I guess the nut doesn't fall too far from the tree...

http://wonkette.com/171689/breaking-rep-patrick-kennedy-drunk-driving-crashes-car?mail2=true

[USMCsilver]

FWIW, outta the 10-12 guys out there, it was kinda odd to find that I had the best flashlights. Most were sub-par to below that. Both troopers' lights totally sucked. If I were lost in the woods, unconcious, I would want someone searching for me with at least one decent flashlight.

Thank you Surefire!

Oh, and one fireman had a cool handheld thermal imaging thing that looked like an old radar gun. Pretty cool!

[bocephus549]

I haven't gotten behind the wheel after drinking alcohol for many years now. In my younger ignorant years I may have done the same thing.

[Tim Converse]

This happened to a guy I knew when I lived up in the Redwood country. He was driving drunk and came to a "T" intersection. He went straight through, climbed the bank and crashed his car into the trees. He left the scene and wandered out into the woods and passed out. He claimed he hit his head in the wreck and that was what led to him spending the night sleeping in the woods. He was never charged, but had a lot of repairs to do on his car.

[jpa]

I had a friend who used to tell me that "if you're gonna drink, and you get in a crash, try to convince the other person to report it the next morning." That way you don't get hooked up for DUI. Of course in this case he couldn't really run away since the car was upside down, so he fled on foot. Crashing and fleeing on foot then trying to report the car stolen later is the oldest trick in the book. I'm sure the police will just take his word for it and leave it at that, right? </sarcasm>

But to answer your original question, yes that would be correct. Unless the officer can prove that he was under the influence while driving (and DUI's are very aggressively contested) he won't get the dui. However, if he's underage and they make him blow (and he admits to driving) and he blows anything over .000 no more DL until he's 21. Also, he could get a ticket for open containers or minor in possession of alcohol (again, if he cops to driving).

[Swanny]

I would have secured his guns and as many tools as I could have before the cops and EMS arrived. You never know what kind of hooligans are lurking about at 2:30am and you certainly don't want that stuff falling into the wrong hands. :rofl:

BTW, I know a lawyer that keeps a bottle of Jack stashed in his car just for circumstances such as this. That way if he is drunk and hits something, he starts pounding the Jack before the cops arrive. That gives him a perfect out on a DUI.

Officer: "Were you drinking tonight?"

Driver: "Not before the accident, but I did crack open this bottle of Jack and took a couple of swigs after it happened to calm my nerves."

That said, the best course of action is not to drink and drive in the first place.

[Weiser 878]

I went with some buddies and pulled a friend's car out of a yard fence one time. Car was stuck, so we wenched it out with a truck. He was drunk, we had his GF drive his car home and left a note with his name and phone # and promised he'd come back the next day to settle up. When he did, the owners had already called the police, but they said he did right by leaving contact info and coming back, so he just had to pay for part of the fence.
No one asked how he wrecked, and no one told...

[Dennis in MA]

About 15 years ago, my wife got HIT by a guy that pulled that s#$%. Took a left out of a side street, crossed the yeller-line and hit the car she was in.

His car was badly beaten, but drivable. He drove 3/4 the way home, ditched it, came home and sat in his lay-z-boy.

When I arrived at the scene 5 min after it happened, I found D-bag's front plate. Pointed it out to the officer in charge. He and his buds patted themselves on the back for such fine detective work (:upeyes:) and must have gone on coffee break. Took em over an hour to drive to D-bag's house.

"What? No officer. I've had a quiet night at home. . . what do you mean my truck isn't there. It must be stolen!"

He had done this SIX times before. SIX! Never done a day in jail. I'm sorta hoping that on #8, he lost the use of both legs and had to crap in a bag the rest of his sorry miserable life.

So the short answer is: Yes. You get away with it. No concrete evidence to prove you drove said car and were drunk while doing so.

[Batesmotel]

I was hit by a drunk about 20 years ago. It took 2 1/2 hours to cut him out of his car and get him to the hospital and over hour to do the blood test for alcohol. By that time he was just under the legal limit so the state would not charge him with DUI. I hate drunk drivers. Maybe finger prints will prove who was driving.

[Critias]

So, how do you like your new scoped rifle and shotguns? :whistling:

[jhoagland]

I knew a guy who wrecked his car drunk. He fled the scene and used a pay phone to call this other guy who came and got him. He went and got a burger and fries used his friends phone to call the cops and then after an hour went back to the scene. His excuse was he had no phone to call the cops and his friend just "happend" to ride by while he was walking to a pay phone.

He got off. I don't know how but he did. The guy was also an EMT. I wonder if that helped?

[PeterJasonMN]

I would have secured his guns and as many tools as I could have before the cops and EMS arrived. You never know what kind of hooligans are lurking about at 2:30am and you certainly don't want that stuff falling into the wrong hands. :rofl:

BTW, I know a lawyer that keeps a bottle of Jack stashed in his car just for circumstances such as this. That way if he is drunk and hits something, he starts pounding the Jack before the cops arrive. That gives him a perfect out on a DUI.

Officer: "Were you drinking tonight?"

Driver: "Not before the accident, but I did crack open this bottle of Jack and took a couple of swigs after it happened to calm my nerves."

That said, the best course of action is not to drink and drive in the first place.



To counter the "Oh I had a few after the crash" excuse MN amended it to within two hours of driving.

[OXCOPS]

It is possible to avoid the DUI, but we had ways of charging you with so much stuff that it made the DUI seem like a parking ticket. And, before anyone asks, it isn't hard to prove who the driver was. Even if we couldn't, there were laws on the books requiring the vehicle OWNER to notify LE after an accident. If no one came forward after a couple of days, we'd cite the owner. If they weren't the driver, they would gladly tell us who was.

[The Pontificator]

Knowing your part of the woods, Silver, I would guess that "Bubba Jr." will get off scot-free since his father is one of Camden's ruling class. :upeyes: :puking:

[USMCsilver]

So, how do you like your new scoped rifle and shotguns? :whistling:

For some odd reason, the scope's off a bit... :rofl:

Knowing your part of the woods, Silver, I would guess that "Bubba Jr." will get off scot-free since his father is one of Camden's ruling class. :upeyes: :puking:

Yeah, that's kinda what I think, too. I mean, from what I've read here, seems that there's no way to proove a duey. Still shocks me the kid scadaddled so quickly; he's gotta be feelin' it this morning!

[kahrcarrier]

In my younger and much dumber days I did something very similar on a country road.

Walked home, woke up my sober brother in law, and called the police.

We drove back to the scene, and when the oficers arrived, my brother in law took the credit for the bad driving. I stood very still and said very little while drinking lots of Coca-cola.

Did they buy our story? Naw. I don't think they really and truly did. But they just nodded and let it slide.

I learned a very valuable lesson and quit with the drunken motoring. But I should have went to jail, by all rights..................

[MyBabyDaddy]

I've done the same thing in my younger days. I'm not proud of it, but it happened.

Young single guys with more money than brains often do stupid things.

[Douglas in CT]

I got dressed, grabbed two Surefires, and hauled ass outside.
Was that for "stereo vision"? :supergrin:

Which Surefires do you own?

[The Pontificator]

Come to think of it, this thread brings back some memories.... :supergrin:

When I was barely 16 I remember riding around in a station wagon with two other high school classmates also barely of legal driving age. We didn't have any alcohol...or any other contraband.....but we did have some water balloons. I vaguely remember the driver saying "Hey! There's O'Keefe!" (No relation to you, Dennis. It was another student) and tossing a balloon through the open driver's window of another car.

Except is wasn't a fellow student. It was....AN ADULT. :wow::whistling:

We tore ass out of there and out onto a very long straight stretch of county road with the other driver in hot pursuit. The paved portion ended and we hit gravel. An "S" curve and the driver lost control and put his parent's car into a ditch. We all jumped out of the car and ran into the countryside. The other driver didn't call the law. He was satisfied that the now ditched car was ample retribution and he left. Somehow, a phone call was made, a tow truck dispatched and the inevitable alabi: "Honest, Dad. A deer just jumped right out in front of us!"

:rofl:

[USMCsilver]

Was that for "stereo vision"? :supergrin:

Which Surefires do you own?

LOL, one for me, one for the wife when she got there.

Which ones? Oh, man, I dunno.

*M4 with Turbo head
*3 G2's
*E1E
*G2 w/ KLK1 LED conversion
*another LED model (forget number)

If you wanna count weapons mounted ones, too:

*Surefire forend for an 870
*M900A on an AR
*and another 3-cell with integrated ARMS mounts on another AR

[The Pontificator]

Damn...I'd forgotten all about that incident. it was buried in my subconscience for probably....20+ years....until just now.

Dee dee dee dee dee dee dee dee...

[KING-PIN]

Oh yes, you can definately beat the DUI like that if they don't catch you intoxicated above the legal limit, but they will put a warrant out for you and when they do catch you, the things they are going to charge you with are IMO as bad if not worse than the DUI. Fleeing the scene is just the tip of the iceberg depending on the situation.

[rjm]

If that kid was actually driving the truck, he is in more trouble than just getting a DUI. If a prosecutor knows that you fled to avoid a DUI, but still cannot technically prove it, he/she can hit you hard on a leaving the scene charge. In other words, not give any sweet plea deal, just plea to the max. I can't remember correctly and I am too lazy to check, but I believe in Kentucky leaving the scene is a class A misdemeanor punishable by a year in jail where the DUI is a class B.

Now, its very possible that his truck was stolen and the car thief was having a good time driving it around, but I am sure that an ivestigation of the scene and by the police will figure that out. I wouldn't jump to conclusions without a completed investigation.

[eddief4]

so did you get any good tool out of the deal?:whistling:

[NYGunman]

My good friend's father was killed by a drunk driver that was racing. The A-hole fled the scene and returned the next day with a lawyer. He originally got a year in jail but acted like a douche bag towards the judge so he gave him 2-years.

[Clyde in CO]

I would have taken the guns.

yeah yeah, stealing is bad, felony bla bla bla

the little bastard deserved it.

[bocephus549]

At ~3:20 this morning, we were awoken by a long screech, a boom, and a crash. Obviously, I knew what happened.

My heart was racing.

My wife and I jumped outta bed, she dialed 911 before getting dressed, and I got dressed, grabbed two Surefires, and hauled ass outside.

Racing even more.

In the vacant neighbor's yard, there rested a nice, new Ford F-150 quad cab upside down. There was debris everywhere (construction worker) and the only busted window I could see was a small hole in the rear glass. All the windows were tinted, but I could shine in the small hole (~1'x2') and see most of the interior. No body was there. I saw a scoped rifle along w/ two shotguns back there, and all sorts of other mess.

The driver lost control, skidded off to the right, over-corrected, and then hit the ditch/embankment and that's what lead to the flip. I was very worried that when the truck hit the embankment which is pretty steep, the driver was ejected. So, I went into a somewhat wooded area to search for a body.

Within about 4 minutes from the call, the first volunteer fire fighter arrived. We looked some more. Then another volunteer ff, then EMS, then deputy, then trooper, then some more volunteer ff, another trooper...

Anyway, the driver was gone. Wallet was in the car; found out it was the son of a big contractor here in town.

We got outside within about 45 seconds of the crash. We never saw anyone flee.

Funny thing was, there was a knock on the door this morning; it was the kid's cousin asking about where the truck was and how it was "stolen" last night. RIGHT...the keys were just left in the ignition.

Beer cans/bottles were in the truck. There were two large "tubs" that held ice cold beer of various varieties. It was Friday night...etc. You figure it out.

Now -- the question -- if you're trashed and have a single car accident, would it be safe to say that if you flee you avoid the DUI charge and just get charged w/ leaving the scene of an accident?

So to summarize. There was a shotgun a rifle and a four wheel drive and the Country Boy survived?:supergrin:

[longgonedays]

If you're going to be ignorant and drive drunk, at least have a friend that owns a towing business. I dispatched for a small towing company once, night shift. One of his friends called saying they had ran off the road and needed a tow truck to come get them out before the cops came.

I didn't know him from Adam, and he was so drunk I couldn't understand where he was, I told him to f' off lol.

[ClydeG19]

"It's not what you know, it's what you can prove."

So what kind of beer was it? Did the police let you have one?

[eddief4]

I would have taken the guns.

yeah yeah, stealing is bad, felony bla bla bla

the little bastard deserved it.





...hell i'd take the whole Truck:whistling:

[Glockphobia]

"Funny thing was, there was a knock on the door this morning; it was the kid's cousin asking about where the truck was and how it was "stolen" last night. RIGHT...the keys were just left in the ignition."

-if it were "stolen" how did he know to come to your house looking for the truck?
i hope you got the guns for having to wake up to his drunk azz:steamed:

[S.O.Interceptor]

In Texas drunks get away doing this all the time. Of course leaving the scene is an automatic charge for leaving the scene of an accident and if you struck another person or occupied vehicle it's an automatic charge for fail to stop and render aid. But the DWI requires us to be able to prove you were drunk and driving the vehicle. So they get off the DWI all the time. We just make sure to put a hold on the vehicle, racking up storage fees the whole time until the registered owner and the driver come see us to get the vehicle released, and walla, suspect appears to be taken into custody.

[RWBlue]

I helped get someone for leaving the scene. They would have gotten away, but.... :)

[*ASH*]

many people do it and plenty get away with it . friend of mine did that back in high school. if you are alone then wreck and not hurt i would leave .

[USMCsilver]

I shoulda grabbed a beer and popped a cold one while I watched everyone wonder about. It was Mich Ultra, so I wasn't really diggin' it. Instead I went inside and retreived my can of Kodiak and just enjoyed that.

I'd never steal anything from anyone in such a position; they've already lost too much.

[Norman]

You're good people, Silver.

Stealing because it's there and available does not make it any more RIGHT. Or okay because it's street justice. Shame that some of you would. That's not what we stand for, is it?

[jhoagland]

Sounds like a helluva night to me. I ain't thrilled with mich ultra either. Ya done good with your SOP.

Oh, and Howdy!!

[mike1969]

BUT for the LE to charge you with DUI he has to catch you. I dont drink and drive. Wouldnt be able to afford a giant azz dui, I live in Florida. Which has some of the strictest DUI laws.

[USMCsilver]

You're good people, Silver.

Stealing because it's there and available does not make it any more RIGHT. Or okay because it's street justice. Shame that some of you would. That's not what we stand for, is it?

Sounds like a helluva night to me. I ain't thrilled with mich ultra either. Ya done good with your SOP.

Oh, and Howdy!!

Thanks Norman. And howdy, too, jhoagland.

FWIW, another reason I didn't take a beer is because it wasn't mine, either. For some reason, I just woudn't feel right takin' a beer from someone I didn't know, and from someone who didn't offer it to me. Offering a beer to someone is a great way to make friends. Taking a beer from someone is a great way to make enemies.

[CAcop]

You know how insurance companies take forever to pay out and jack up rates even when you are not at fault?

This guy is going to have some real fun now.

[PAGunner]

Double Post

[PAGunner]

"It's not what you know, it's what you can prove."

Easy there Denzel! :rofl::rofl::rofl:

Great classic line, btw!

[elsolo]

"fleeing the scene"

What's the definition of that?
The one time I crashed a car to badly to drive it home, I left it stranded on the side of the road and walked home at 3:00am, in the pouring rain.
Are you required to stay with the vehicle until the cops show up?

[Daryl in Az]

Well, I had an answer all typed up about someone who got away with it, but I'm not going to post it.

No point in giving someone ideas.

In the case of the OP, I've a feeling the LEO's will be knocking on the driver's door at home, and if the driver shows any kind of injuries from the accident, they'll charge him with leaving the scene of an accident. That would be a felony here in Arizona, I'm pretty sure.

Daryl

[Garlic]

BTW, I know a lawyer that keeps a bottle of Jack stashed in his car just for circumstances such as this. That way if he is drunk and hits something, he starts pounding the Jack before the cops arrive. That gives him a perfect out on a DUI.

Officer: "Were you drinking tonight?"

Driver: "Not before the accident, but I did crack open this bottle of Jack and took a couple of swigs after it happened to calm my nerves."

That said, the best course of action is not to drink and drive in the first place.


Just happened with an LEO here in NH.

Union Leader Correspondent
Thursday, Sep. 11, 2008

Candia – Hooksett Police Officer Benjamin Beauchemin, who was arrested in May on a charge of driving while intoxicated, was found not guilty in Candia District Court yesterday.

While off-duty, Beauchemin flipped his Jeep Liberty off Cedar Crest Lane in Auburn at 1:15 a.m. May 11 into a private driveway but professed to his arresting officer he had only one beer before taking a seat behind the wheel.

Immediately after the accident, Beauchemin exited his car unharmed. He approached two eyewitnesses at the crash site and told them there was no need to call 911 because he was a police officer. He showed eyewitness Bret Pomeroy, 19, who was standing outside in the driveway when the car flipped over, his police badge.

"I asked him why he was going so fast," Pomeroy testified yesterday. "He showed me the badge. (He) told me he was a police officer. He said, 'I'm OK.' "

Beauchemin then fled the property on foot. He claimed that he went to his girlfriend's house nearby and drank four beers in rapid succession in order to calm his nerves from the crash.
Eyewitnesses testified that Beauchemin returned to the site of the car accident about 10 to 15 minutes later, after emergency responders had arrived. He later declined to submit to a field sobriety test.

Witnesses also testified they smelled alcohol on Beauchemin both before and after he fled to his girlfriend's house, two doors down from the scene of the crash.

Judge David LeFrancois said in his ruling yesterday that although some of the behaviors that Beauchemin displayed on the evening of his arrest were not fitting of a police officer, he said state prosecutors had not definitely proven beyond reasonable doubt that he had been drinking in excess before operating the vehicle.

Since his arrest, Beauchemin has been placed on administrative leave without pay from his position with the Hooksett Police Department.

Hooksett Police Chief Steve Agrafiotis said after the trial that although the verdict would come into play in the department's internal investigation, he does not know whether Beauchemin will be invited to return to his post.

"At this point we will be reviewing the whole situation and making a final decision," Agrafiotis said. "He hasn't lost his job yet, but we have to finish our internal investigation and decide where we'll go from there. We're going to get a transcript of what happened today and basically wrap it up and see what we have."

After hearing the verdict, Beauchemin declined comment except to say that he hopes he is asked to return to his job at the police department.

"Let's just say, that's what I'd like to happen," he said.



What a jackass. Here's the link to the original story...check out the comments, this raised a lot of hackles. http://www.unionleader.com/article.aspx?headline=Judge%3A+Hooksett+officer+not+guilty+of+DWI&articleId=c7597629-6beb-4073-a6bc-5d9fc5794866

[Jeeps]

I must lead a very quiet life compared to Silvey.

[USMCsilver]

I must lead a very quiet life compared to Silvey.

Be thankful for that.

You know what's really scary? If he had done this maybe 60' before he had, he would have hit less of an embankment and probably ran straight into my house.

I think our next place will be a little more off the road. Granted, I'm a good 75' off the road, but after seeing where that truck landed upside down (about 20' from the neighbor's front porch), I think the further away, the better!

[RyanSBHF]

You know what's really scary? If he had done this maybe 60' before he had, he would have hit less of an embankment and probably ran straight into my house.




Been there. Not fun. Consider yourself lucky.

http://img375.imageshack.us/img375/811/housebeforexr0.jpg

That was my house November 4, 2007.

[user]

Around here the cops have to catch you drunk. If you hide until you sober up, you probably won't be charged with OUIL.

They can still nail you for lots of other stuff though. You ain't in the clear.

They probably only have to catch you in the act in order to arrest without a warrant. If they have probable cause they can always go to the magistrate and swear out a warrant, and then make the arrest by execution of the warrant.

So, still got the shotguns?

[USMCsilver]

So, still got the shotguns?

Well, as stated earlier, the rifle shoot a little to the left, and for some odd reason, the shotties don't pattern too well.

Looking down the barrels, they all seem slightly bent. Wonder why? :rofl:

[SW342]

DUI is bad.....if your going to drink, have a sober driver!

[automatic slim]

Is this what I have to look forward to in Camden?:supergrin:


Can't drive drunk nowhere these days...JEEZ!!!!

[USMCsilver]

Is this what I have to look forward to in Camden?:supergrin:


Can't drive drunk nowhere these days...JEEZ!!!!

LOL! Hey, are you playing on Thursday? I forget.

I plan on drinkin' myself into a small stupor between the free hours of 6-8. Woo hoo! Free booze!

You know what rocks about a pregnant wife?

Oh yeah, baby -- DD!

[Santa CruZin]

I knew a guy who back in the late '90's flipped his 5.0 off a bridge and onto its roof in a creekbed, drunk off his ass. He crawled out covered in glass and limped to a friend's house

He handled his problem meticulously and with representation. The investigators were pissed and frustrated because they knew he did it, but the dude was diligent and did everything his attorney told him to do.

No charges were filed; the guy totalled his Mustang and nearly broke his neck, but it ended there (he also gave up drinking for good as a result of the crash).

[mac66]

In Michigan that kid could be arrested for OUIL as well as leaving the scene of a PDA. There is plenty of probable cause to suggest that he was behind the wheel and was OUI.

[KAZ]

A friend of a friend did the same thing. Totaled a brand new $40K$ car and fled the scene to avoid the DWI charge. No one was hurt including him,minor property damage other than his car. His attorney advised him to NOT claim the loss on his insurance and to eat the $40K as they would go after him for insurance fraud if he reported it stolen, and they were able to prove what really happened. So, a very messy expensive deal. I never did find out how things were settled.