Originally Posted by fatbrit

Seems to be plenty a good defense attorney could get their teeth in to. Did any of the medical professionals remark on your apparent intoxication? Did the fall result in concussion such that you were temporarily unable to understand the police officer's request? Did the hospital administer pain killers that resulted in you being temporarily unable to understand the police officer's request? Etc.

Originally Posted by Chugabug

Thanks mate, I appreciate it. Unfortunately even though I didn't drink much, my bad choice of refusing the test will probably not play out well for me. Heck, if I read this myself and it involved someone else I'd be questioning that decision. It was the circumstances and me not thinking things through. Looks like I'll be paying dearly for it though.

Originally Posted by Moonshadow_Girl

Were any blood tests taken at the hospital as a matter of course? If they were, you may want to have your attorney have them ordered to an independent lab facility to have it tested for blood alcohol content. In the meantime, get yourself a good DUI attorney. I can only speak to situations in California, but the State is obligated to show proof of driving. If some lady came by 5-10 min after the fact, who would have actually seen you driving and what time? For all they know, you could've been in that ravine for 2+ more hours.

Now, it's not like I'm trying to get your case dismissed if you are guilty. I work on the prosecution side and spent over a year working the DUI desk (I am not an attorney). I'm just aware of some of the elements that must be proven. Also, you may want to check to see if DMV has indeed suspended your license, and they have, or if it's in the works, check to see DMV has hearing you can schedule regarding your license.

Originally Posted by Chugabug

So there I was riding home after a recent motorcycle festival here and I was being tailgated by a car. Decided to pull over and let them by as it was a narrow road. Stopped the bike and put my foot out only to find no verge just a shallow ditch that the road dropped away into.

Originally Posted by Chugabug

I think you are right. A good attorney might make a difference. The doctor who was treating me just called a cab and watched me walk out of the building. I thought at the time that as I had been arrested the cop was going to put me in jail for the night. I realized later that he probably had all he needed after I refused the test. As I said, what a mess.

Originally Posted by Rete

In the ER did they take blood by chance? Hopefully they did and it can be tested for the alcohol level in your blood.

Originally Posted by Chugabug

So there I was riding home after a recent motorcycle festival here and I was being tailgated by a car. Decided to pull over and let them by as it was a narrow road. Stopped the bike and put my foot out only to find no verge just a shallow ditch that the road dropped away into. My bike is super heavy, I couldn't hold it up and It fell over like a tree being cut down. So there I was on the side of the road feeling like a complete idiot and not able to get out from under the bike. After about 5 minutes a lady stops, panics and calls an ambulance. From there on both the police and firemen show up. I tell them I really just need help getting the bike upright but they insist I go to hospital and get looked at just in case. So there I am laying in a hospital bed awaiting x-ray when the policeman shows up again and wants a blood test because he suspects I've been drinking. Now I'd only had a couple of pints during the course of the evening but for some reason in my annoyed state I decided to refuse. So he arrested me, took my license, got me to sign a form and left me in the hospital bed.

So here I am now with a DWI charge hanging over my head. I firstly can't believe I was stupid enough to refuse the blood test as now they will throw the book at me. Secondly I accept I shouldn't have had a drink at all but these things happen at bike festivals. I had a completely clean license up until now, not even a speeding ticket after 12 years of living here. The charges I'm facing are serious, I mean not just losing my license but possible jail time. I had no idea this was even possible on a first offense.

Anyway, I just wondered if anyone here had any experience of this and could give me some advice? Apart from don't ever drink a thing and drive again.

Originally Posted by Sugarmooma

Whoops...........

Is the bike ok

Originally Posted by ottotheboar

What model was the bike ? even a spill in the ditch can chalk up a hefty repair bill for replacement plastic.

Originally Posted by bevinva

There are lawyers who specialise in cases with bikers, look in the yellow pages for one or ask around. I'd even look up local bike clubs online and ask them.
http://www.themotorcyclelawyer.com/a..._attorney.html