What to say in court...

get cab company records, they log cab requests, you can prove your story is true by showing them the request for a cab!

Damn Hellcat beat me to it. Same thing here get the cab records, the log in the name time and location of cab requests so if someone with that name isn't at that location and it happens more than once they'll stop coming. Also they keep an eye on how long it takes for a cab to get to you.

Quote:

Originally posted by badizfun

Damn Hellcat beat me to it. Same thing here get the cab records, the log in the name time and location of cab requests so if someone with that name isn't at that location and it happens more than once they'll stop coming. Also they keep an eye on how long it takes for a cab to get to you.

Ahem

Ok THX FOR THE HELP GUYS! .... I knew i could count on WBW ... ...... will post court results later this summer

you must convince them that you didnt want to drive the car. tell the story like you wrote it here, thats the best thing you could do...

We have a similar law here in Canada. The basic element of the crime you are charged for probably stipulate that you were proven intoxicated and to have had care and control of a vehicle. It does not require you were driving or the car was in gear - the idea is you could have drove and were not in your right mind/drunk.

A few other things in addition to the other suggestions provided here...get the police officers reports. Look to see if they noted the condition of your car - i.e. the lights were on, the engine running, what you were wearing and doing at the time they found you - including the fact if you were found asleep. You should also focus on the reason they approached your vehicle - if the police did not have legal or probable grounds to approach your vehicle - all other evidence resulting will have to be dismissed including the request for alcohol breathalizer or blood test. Also - get a weather report from your local weather service to show temperatures to varify your story. Realize that drinking lowers your body temperature and if you admit drinking, that can be bad in and of itself - but if thats not in question - then your body would start shivering at higher temperatures feeling cold at slightly higher temps.

Yes get a legal opinion - not necessary a lawyer. You can often get a legal opinion without hiring the lawyer - if they think you can negotiate a settlement - take it. Better to not take chances, take the lesser punishment/fine and learn the lesson OR risk getting the full punishment and all fallout there from - ex. insurance and criminal record.

Best Luck.