This is a hypothetical, although not completely outside the realm of possibility...

Car A is on the highway being driven by a drunk. Car A is in the right lane approaching an interchange. Car B (sober driver) comes down the ramp to merge onto the same highway. In true NoVA fashion, Car B disregards the yield sign on the ramp and dive bombs right on top of Car A creating a collision.

For sure, Car A's driver is getting a DWI. However, who is at fault in this accident? Would Car A's driver also be at fault in the accident since it can be argued that they should NOT have been driving at that time since their BAL was over the limit and therefore there would have been no accident? Do police officers have any discretion in a circumstance like this or do they just ticket everybody and let the court sort it out later?

Car b for failing to yield to oncoming/passing traffic, and Car A being a DUI/DWI, not for not preventing the accident from occurring (failure to pay full time and attention).

I say this where both parties are equally screwed. However, I do believe that Car B is liable for damages.

Interesting scenario....

Yes Car A will be getting the DWI. Car B is at fault for failing to yield. Car B is the causative factor in the crash, and would be liable for the crash. The Driver of Car A being DWI is a separate issue with this specific scenario.

But, more importantly the question should be, would a fairfax county cop see it like that, or would he just say you're drunk you're at fault write up the report as such and move on with life. If you're drunk it's kind of hard to make sure you're getting a fair deal on the police report.

unless the drunk driver refuses to speak to the police and requests a lawyer, at which point there will be no probable cause for the DUI and that charge will ultimately get dismissed

I heard from someone, may be bs, that some guy in Annandale was sleeping off a night of drinking in his car and someone slammed into him and he got a DWI, no keys in the ignition, nothing. Again, might be bullshit. But wouldnt surprise me if it wasnt

Watson Wrote:
-------------------------------------------------------
> I heard from someone, may be bs, that some guy in
> Annandale was sleeping off a night of drinking in
> his car and someone slammed into him and he got a
> DWI, no keys in the ignition, nothing. Again,
> might be bullshit. But wouldnt surprise me if it
> wasnt


doubtful. very very doubtful. Ive done that before and even had a cop come up and check on me. if your keys arent in the ignition they dont care. he stayed around for a bit to make sure i wasnt lying then left. its far more likely thats just how the story was told or he was parked in the middle of the road or something

Depends on what the driver looks like, gender and if female, how attractive and how much cleavage is showing.

Not really true. If the officer can articulate reasonable probable cause with specific facts minus the DWI driver envoking 5th and 6th Amendment issues,the arrest will be legal, along with mandating the post arrest test. The case should prevail in court. Nothing is garunteed in court at trial.

I'm not an attorney but I slept at a Holiday Inn Wrote:
-------------------------------------------------------
> unless the drunk driver refuses to speak to the
> police and requests a lawyer, at which point there
> will be no probable cause for the DUI and that
> charge will ultimately get dismissed

Maybe BS for the DWI. The guy could or probably got a DIP charge.

Watson Wrote:
-------------------------------------------------------
> I heard from someone, may be bs, that some guy in
> Annandale was sleeping off a night of drinking in
> his car and someone slammed into him and he got a
> DWI, no keys in the ignition, nothing. Again,
> might be bullshit. But wouldnt surprise me if it
> wasnt

Not really true. If the officer can articulate reasonable probable cause with specific facts minus the DWI driver envoking 5th and 6th Amendment issues,the arrest will be legal, along with mandating the post arrest test. The case should prevail in court. Nothing is garunteed in court at trial.

how would they be able to articulate reasonable casue if the intoxicated driver doesnt not speak and is not the cause of the accident. surely being in an accident where you are not at fault is not probable cause.

DWier you are a dumb ass.

Lawyer Wrote:
-------------------------------------------------------
> DWier you are a dumb ass.


I laughed when I read that he was implying you can use the 5th and 6th amendment to get out of a DUI.


"how would they be able to articulate reasonable casue if the intoxicated driver doesnt not speak and is not the cause of the accident"


If only alcohol had some sort of smell or physical signs of use that the police were trained what to look.

yes he is Wrote:
-------------------------------------------------------
> Lawyer Wrote:
> --------------------------------------------------
> -----
> > DWier you are a dumb ass.
>
>
> I laughed when I read that he was implying you can
> use the 5th and 6th amendment to get out of a DUI.
>
>
>
> "how would they be able to articulate reasonable
> casue if the intoxicated driver doesnt not speak
> and is not the cause of the accident"
>
>
> If only alcohol had some sort of smell or physical
> signs of use that the police were trained what to
> look.
Attachments:

Yes it can happen. One guy in my ASAP class's car was pulled off the side of the road, had the car off, he was sleeping and got a DWI.

I actually parked my car and was sitting outside next to it with the keys out of the ignition and got a DWI.

If you don't appeal to the higher court the lower court judges are assholes and will find you guilty much easier than higher courts. They smells like a DWI then it must be a DWI bull shit.

I pleaded to the minimum, no jail time, 1 your LOL, ASAP, even though the BAC was way over the limit .27 because they could only prove I was driving drunk not at what exact time. At first they wanted to charge me with 14 days in jail etc...

PooPOOOOOOOo Wrote:
-------------------------------------------------------
> Yes it can happen. One guy in my ASAP class's car
> was pulled off the side of the road, had the car
> off, he was sleeping and got a DWI.
>
> I actually parked my car and was sitting outside
> next to it with the keys out of the ignition and
> got a DWI.
>
> If you don't appeal to the higher court the lower
> court judges are assholes and will find you guilty
> much easier than higher courts. They smells like a
> DWI then it must be a DWI bull shit.
>
> I pleaded to the minimum, no jail time, 1 your
> LOL, ASAP, even though the BAC was way over the
> limit .27 because they could only prove I was
> driving drunk not at what exact time. At first
> they wanted to charge me with 14 days in jail
> etc...

So obviously you had been driving and werent parked outside of your friends house or a bar. Thats why you go it cus it was obvious you had driven to wherever you were. Plus if you blew a .27 that means you were even drunker before and your memory probably isnt going to be accurate so sorry but I dont really buy that you were a victim

I am not a victim i am stating what happened and that it is possible to get a DWI without being caught behind the wheel driving at that exact moment.

This was over 7 years a go, i learned my lesson

PooPOOOOOOOo Wrote:
-------------------------------------------------------
> I am not a victim i am stating what happened and
> that it is possible to get a DWI without being
> caught behind the wheel driving at that exact
> moment.
>
> This was over 7 years a go, i learned my lesson


sounded like you were trying to say you were victimized. my apologies. but yes it is possible to get one once youve gotten out of the car if its obvious you have been driving which many people do not know

It used to be true that the police couldn't make you step out of your vehicle if you were inside and, presumably, intoxicated. I don't know if this is still the case. (this was late 1980's) If a cop threatened to arrest you for not getting out and doing a sobriety test you could legally ignore them. Of course, they could hold you and tow you to jail. I don't know of anybody actually doing this and getting out of a DWI/DUI. Most people would cooperate.

ASAPstuff Wrote:
-------------------------------------------------------
> It used to be true that the police couldn't make
> you step out of your vehicle if you were inside
> and, presumably, intoxicated. I don't know if this
> is still the case. (this was late 1980's) If a cop
> threatened to arrest you for not getting out and
> doing a sobriety test you could legally ignore
> them. Of course, they could hold you and tow you
> to jail. I don't know of anybody actually doing
> this and getting out of a DWI/DUI. Most people
> would cooperate.


That couldnt be further from the truth. A cop can detain anyone who they have suspicion of. Suspicion of being drunk is more than enough and you have to get out of the car if they tell you too

welp the car that hit my husbands car was arrested. for dui at the seen.
he states it was not his fault, and that my husbands was to blame. for failed to yield,this maybe or maynot be. in any dui arest would the person arested be at fault do to being under infu.of a substance?