My friend and I were leaving our Rose Ball and while backing out she backed into a ditch leaving marks on someone's property (driveway), it flattened the tire so we pulled over to the side of the road, we also walked down to the owners home and apologized and also asked did he have a jack to change the tire, he did not, assumming everything was ok, our friends following us offered to take us to walmart buy one, leaving a couple of friends with the car in the back seat we set off to walmart and while doing so oir friends called and said that the police had been called and we needed to get back...when asked who was driving my friend admitted to driving and they asked for everyone id, gave to them and now he doesn't believe the actual driver and asks me to blow, and I asked why should I have to if I wasn't driving so he took that as a refusal and arrested me, is there anything that can be done about this?
Yes you can do something about this. Hire a lawyer to represent you. Just because the police cited you does not mean the State can prove you are guilty beyond a reasonable doubt. The State will have several problems, proving who was driving, and that any intoxication occurred prior to driving and not after you left the scene. If you admitted to driving there may be the possibility of being charged with failure to report an accident.
