Who will be at fault in PA? I had a few drinks so did the actual person at fault.?
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Who will be at fault in PA? I had a few drinks so did the actual person at fault.?
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On the 17th of January I was out having a few beers with a friend. I didnt get drunk but I was still an idiot and drove home. A person that was drunker, crossed into my lane going way past the speed limit, lost control and hit me head on. They did a toxicology blood test on us for the hospital and police. Hospital tested first and it came out to a low .08, a little bit above the legal limit. Police tested me 30 minutes later and I'm hoping I went below the limit of .08 30 mins later, but the result haven't came in almost a month later. Even though he admitted to his insurance company he was at fault, my insurance and his company are both waiting to pay me what I deserve until the police report says so.
My big question is though, if I do get over the legal limit on my BAC test, will they deem it a "no fault" wreck?
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kool.diamond
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good luck dude |
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Basil M
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First of all I hope you have an attorney - a good one. The police are going to use the first toxicology test at .08. That being said, did the person at fault register above .08? If they crossed the center line, they are at fault for the accident. You can, however still be charged with a DUI so it is important to have legal representation. If they have not given you the results of the second BAC test, it is because it was below .08 and they do not want you to know that. Sadly in our country the police do everything they can to ruin a person. If they can prove that you were intoxicated they will, and it will cost you greatly.
I would not be concerned with the accident - unless there were people seriously injured. Focus on your DUI defense. The accident will work itself out - it is the least of your concerns. Having a good lawyer to keep you from losing your license and having a felony conviction is what I would be doing. |
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