QUESTION

What happens if I was in a DUI accident and was at fault?

Asked on May 11th, 2011 on Criminal Law - Western Australia
More details to this question:
I was out with my friends last night at a bar. I was on my way home and I hit 2 people on a motorcycle. The lady was Fine but the man had to go to the hospital. I left the scene to go to get one of my friends. I went back and the cops were called. I was taken to the police station but wasn’t arrested cause I had to be transported to a hospital complaining of my side hurting. I was already on probation for domestic violence. My probation office and the judge had said that if I violated my 1-year probation. I would go to jail for 6 months.
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25 ANSWERS
Answered on May 17th, 2011 at 10:16 AM
If you were in a DUI accident and it was your fault then it can be a felony if someone was injured. This is very serious since you are already on probation.

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Answered on May 16th, 2011 at 2:29 PM
In your case, if a first offense, you could be charged with OWI (intoxicated or impaired), or charged with OWI causing a serious injury. The last one is a felony and has higher penalties. You also face a probation violation in your DV case. Conviction could result in some jail time. Regardless of the charge, you need to have legal representation in both the OWI case and the PV case. You should not make any statements to police or other investigating officials. You may contact my office to arrange an appointment to discuss representation. I hope that this was helpful.

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Answered on May 16th, 2011 at 10:52 AM
You are in deep trouble and need a lawyer. You could be convicted of a probation violation for the DUII or even drinking if your probation had a no drinking condition. You could be charged with recklessly endangering another person, or even assault. Did you blow on the intoxilizer? Did you give a statement? Call my office you need help far more than just the PV.

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Answered on May 16th, 2011 at 9:19 AM
If you were on active probation at this time it is likely that this will be considered a probation violation causing you to serve penalties based upon your prior conviction. If you are convicted in this matter as well then you will face additional jail time and fines.

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Answered on May 13th, 2011 at 2:47 PM
You violated the terms and conditions of probation and accordingly the judge can sentence you to jail. You need to hire an experience attorney such as myself to handle the case for you. Visit my website for more information.

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Answered on May 13th, 2011 at 12:23 PM
You get arrested and charged with felony DUI that carries prison time, you get sued for the damages, and you get charged with a probation violation and possibly returned to jail like the judge said. What can you do? Promptly turn this over to your car insurance company for handling the civil lawsuit. For the new felony criminal charges and probation violation, hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.

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Answered on May 13th, 2011 at 11:40 AM
You are in trouble. There are three ways they can put you in jail. Probation violation, DUI, and hit and run. The last two can be felonies. You need an attorney to get the penalties.

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Answered on May 13th, 2011 at 11:38 AM
This is a large problem. There are a number of " hot buttons " here. -A DUI accident is an aggravator -Leaving the scene is also The probation is another. In order to guarantee the best result you should at least consult with a good attorney.Otherwise you might spend a year in jail or, God forbid, go to prison. For more info or a fee quote call.

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Answered on May 13th, 2011 at 11:20 AM
You may be charged with vehicular assault; leaving the scene of an injury accident; reckless driving; perhaps DUI. Vehicular assault is the most serious of these. Of course, these new offenses also amount to a probation violation. I would recommend getting a good lawyer to help yuo with the probation violation hearing and the new charges.

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Answered on May 13th, 2011 at 10:48 AM
You obviously have some big problems ahead of you. I strongly suggest you speak to a criminal defense lawyer nearby you and go over the fact pattern with him/her right away. You actually have three issues, the first being a DWI and the proof regarding that; the second being the hit-n-run issue; the third being the Violation of a Court Order of some sort, probably Probation. You presently have a lot of time potentially hanging over your head and you need legal counsel right away. Sorry to sound so strong about it, but you must get a head start on it. Good luck.

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Answered on May 13th, 2011 at 10:48 AM
Do not plead guilty. Make sure to talk to a lawyer. You need to make sure you protect yourself from a criminal, civil and probation standpoint.

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Answered on May 13th, 2011 at 9:58 AM
It is not possible to accurately gauge your potential liability without more information. Alcohol related accidents are very serious. If the other passenger on the motorcycle is merely injured you are probably looking at some significant jail time as a consequence, if you are convicted. If the other passenger on the motorcycle dies as a result of these injuries, you are looking at significant (i.e. years) of prison time, if you are convicted.

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Answered on May 13th, 2011 at 9:45 AM
From the facts, it is possible that the prosecutor could charge you with OWI, leaving the scene of a personal injury accident and/or OWI causing serious injury. It will be up to the prosecutor to determine what if any charges are filed. As for the possible probation violation, upon a finding that you did violate probation, the court could sentence you to jail. For more information, contact us.

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Answered on May 13th, 2011 at 9:29 AM
You must contact a defense lawyer ASAP. You have serious exposure to additional criminal liability. You also have lots of exposure due to the being on probation. Call a good lawyer who does exclusively criminal defense.

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Answered on May 12th, 2011 at 1:12 PM
A DUI with serious injury is a felony. The fact that you are currently on probation for domestic violence will only serve to aggravate your situation. A felony DUI is punishable by up to 16 months, 2 or 3 years in prison. Additionally, you are facing a probation violation where the judge has already indicated that you will go to jail for 6 months if you violate. Needless to say, you need to immediately contact and hire an experienced criminal defense DUI lawyer to represent you. Much more detail is needed to thoroughly and properly evaluate your case. I hope this answer was helpful. Good luck.

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Answered on May 12th, 2011 at 12:30 PM
Call me or another experienced criminal defense attorney immediately. You may not have been arrested yet, but you almost certainly will be, especially if your blood was drawn at the hospital as the cops will likely try to get a search warrant to seize the blood test results. If those are positive for either an elevated blood alcohol level or other intoxicants, you would be exposed to charges of assault with a motor vehicle, operation under the influence, and evading responsibility. All of those charges carry serious consequences, which is why you must call immediately to discuss your case more thoroughly in confidence. Additionally, an arrest on any charges is likely to result in a violation of probation.

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Answered on May 12th, 2011 at 12:29 PM
You will face very serious criminal charges. Contact a criminal lawyer as soon as possible. DUI's prosecutions are already getting a lot of attention; when you also cause an accident your case becomes significantly more serious.

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Mr. Edward A Kroll
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Answered on May 12th, 2011 at 12:14 PM
You face very serious charges. Leaving the scene of an accident when someone is injured is a felony. You could go to prison. You need to get an attorney - immediately. And if you are on probation, any new criminal activity could indeed cause your probation to be revoked. If your probation officer wants to revoke you, then you could face additional time. You are in a very difficult spot, I am sorry to say. Get a lawyer as soon as you can.

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Jeff Fengcheng Yeh
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Answered on May 12th, 2011 at 12:07 PM
DUI with accident is usually more serious, especially if someone other than yourself was injured (in which case you could be looking at a felony with state prison). Sinc eyou injured 2 people, the likelihood of a felony is quite high (you get 1 year extra for each additional victim). And remember the probation consequences are separate. Plus, you have to request a DMV hearing within 10 days in order to protect your license. Contact a DUI specialist immediately.

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Answered on May 12th, 2011 at 12:04 PM
This is a serious case as far as DUI's go. It is possible that you are looking at a felony DUI for causing the injury, and a Hit & Run for leaving the scene even though you eventually returned to the scene. Additionally, since you were on probation....there are issues here. What are you on probation for? I would recommend consulting with an attorney immediately to discuss your case in more detail. Feel free to contact me through my website.

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Answered on May 12th, 2011 at 11:54 AM
Did they every take your BAC to see if you were over the legal limit? If not, it would be almost impossible to charge you with a DUI. However, you can be charged with leaving the scene of an accident and you can be held responsible if the accident was your fault. Any conviction would probably result in a probation violation which could send you to jail. You should seek out an experienced criminal attorney right away.

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Answered on May 12th, 2011 at 11:54 AM
First, report the accident to your insurance company asap to protect your coverage in case the people you hit make a claim or sue you. Second, get a good criminal attorney because you may be arrested for DWI and have your probation violated. I am a former federal and state prosecutor and now handle criminal defense so feel free to check out my web site and contact me to discuss the case.

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Answered on May 12th, 2011 at 11:53 AM
If you were involved in an accident and the government suspects that you were intoxicated at the time, especially if another person was injured, you should hire an experienced criminal defense attorney as quickly as possible. An attorney can begin to mount your defense while the government is conducting their investigation.

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Answered on May 12th, 2011 at 11:28 AM
You are facing many issues, serious jail or prison time and need to discuss this with an attorney ASAP. I would be happy to discuss with you.

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Answered on May 12th, 2011 at 11:28 AM
You need to hire a lawyer immediately. You may be charged with a felony (vehicular assault). I would be happy to discuss your case further. I can be reached at anytime.

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