Quote:
Originally Posted by justFred
with a decent lawyer he could avoid losing his license, given the details you described. although I'm a little unsure of the details here:
- he was NOT drinking at all before his car broke down?
- he was 21+ on the day this happened?
a yes to both of these, and I'd say it's a fairly Open and Shut Case:
a few witnesses called to the stand and then:
"Your honor, given the evidence provided, I request a motion for a judgement of vagrancy and the DUI charges be dropped"
but I'm no lawyer and also maybe it's not worth the cost to fight it but that's bullshit. I hate cops.
EDIT: I would say that even vagrancy would not be applicable, given that the taxi company could be subpoenaed as well. His care simply broke down and he called for a ride.
oh and Jay... lesson learned, right? |
1. We're in Scotland, the law is different.
2. Yep we have a lot of evidence in my brothers favour like his 4 friends who were in the car when it broke down whilst driving and had to push it into a side street
3. The copy of the repair bill which was $1000 to fix his car, and the fact the mechanic says the car wasn't driveable.
4. The driver of the tow truck who came to pick the car up.
5. He just turned 21 - 2 days ago
He wasn't drinking before he the car broke down no, he was on the way to his hotel 150 miles from home. He was attending a gig with 4 friends, his car broke down so they pushed it into a side street and got a cab to the hotel. They then came back into the City Centre to get to the gig, had a few drinks before during and after. It was 4am and he was lost with one other friend, they had an arguement and went seperate ways, my brother found his car and jumped in to warm up! Scotland is a cold country in Winter.
His lawyer told him that if it was closer to home then he would have a great case, but since its in a strange town they won't take too well to him "causing trouble" even tho he wasn't, it'll come across like that. If we take it to trial its also gonna get very pricey, his lawyer said best thing is to take the ban, and try to get it reduced by offering to do community service.
I'll find out next Tuesday what happens!