The Situation
The mixing of hard alcohol with an anti-depressant like Zoloft on top of anxiety medication can be a recipe for disaster.
It’s late at night, you come up on a red light but fail to stop. Consequently, you end up colliding with a vehicle stopped in front of you.
It’s not unreasonable to get scared by the whole situation. Unsure what to do next, you pull up a little then take off. Making an illegal U-turn, you get pulled over by a police officer from a town just east of San Diego.
You explain that you don’t recall getting in a collision. This prompts the officer to ask you to get out of your car.
In a hit & run, if the person you hit is hurt in any capacity, you’re looking at a felony DUI on top of the hit & run.
Within situations of a car accident, you are expected to stop and exchange insurance information. In this situation, the officer maintained you did not make any attempt to even stop after you rear-ended the other vehicle.
This situation ends up being one of a hit and run injury with high BAC DUI.
Your Cooperation/Actions Afterward
While this is an unfortunate situation, you are at least being cooperative with the officer. You agree to do all the roadside tests, answer questions, and perform both breath and blood tests. While this was cooperative, there is no need to commit to both tests. One is enough.
When the tests come back, they show an enhanced blood alcohol concentration (BAC) over twice the legal limit. Since you agreed to both a breath and blood test, the cops now have your blood which could be retested for drugs. If your blood were to test positive for drugs, that could be another charge of a combination alcohol-drugs charge.
After being released from San Diego County Jail, AA meetings are a must. Immediately attending Alcoholic Anonymous (AA) meetings after a DUI accident with a high BAC and possible injury, is a requirement. There are even online AA meetings during the Coronavirus COVID-19 Pandemic.
The Insurance Company’s Role
It’s a good thing you have Allstate Insurance with substantial coverage. Unfortunately, the other driver has obtained a personal injury lawyer who’s seeking soft-tissue related injuries. Since you rear-ended the other driver and there are no other facts suggesting otherwise, you’re going to be deemed “at fault” by the insurance company.
However, this outcome is favorable. You want the insurance company to take care of everything, so the victim does not have reason to call the prosecuting DUI attorney. Once the insurance company handles the claim and provides you proof they did so; forward that to your DUI lawyer.
Your Attorney’s Role
Your attorney’s role in the Possible Outcome of your San Diego DUI is as dynamic as it is critical. You need a knowledgeable attorney in El Cajon DUI Court. Armed with your AA meetings, proof of insurance, and letter for the DA, your attorney will go to bat for you.
Results
The knowledgeable attorney you trusted with your case was able to get you the most favorable minimum result. This included no felony DUI, no hit and run, no Vehicle Code Section 23152(a) [Driving Under the Influence of Alcohol – DUI], a reduced fine with low minimum monthly payments, the shortest available alcohol class, no ignition interlock device order to install on your vehicle, and a restricted license to and from work, the program, and during employment.