LEAGAL ADVICE for DUI

[Gravitymaster 0]

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I have never known my friend to lie to me. If he says he was driving like he normally drives then I believe him.

I am not trying to say what he did was right, i am just asking for advice to pass along for when he goes to court

Seems you got what you were looking for then. It may not be the answers you were looking for but it is good advice.

[DiverDiver 0]

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I have never known my friend to lie to me. If he says he was driving like he normally drives then I believe him.

I am not trying to say what he did was right, i am just asking for advice to pass along for when he goes to court

Seems you got what you were looking for then. It may not be the answers you were looking for but it is good advice.

buh????

[mjosparky 4]

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I have never known my friend to lie to me. If he says he was driving like he normally drives then I believe him.

I am not trying to say what he did was right, i am just asking for advice to pass along for when he goes to court

He needs to get a good attorney and deal with the fact he was driving under the influence while underage. He knew the law when he got in the car.

My idea of a fair fight is clubbing baby seals

[Gawain 0]

Dang, the thread's on fire!!

DiverDriver...seriously, tell your friend to get a lawyer. If you catch the judge on a bad day or the DA decides to be a dick, they'll really put the screws to his situation. Unfortunately, the apparent fact that he hadn't consulted one should give you some serious concern all by itself. The system will f*(k him if he screws with it.

So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

[Kennedy 0]

There actually is a US Supreme court case stating that something like just crossing the white lane line once is not sufficient to pull some one over. [looking for my old CCJS330 text book right now] Depending on the reason the officer gives on the stand, a good lawyer can sometimes actually have the whole thing tossed.

The process isn't perfect but it is what it is. Get the best damned lawyer you can. Period.

Personally, I say let him suck it up and do what he can. Ya gotta do what ya gotta do.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[slug 1]

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Not trying to beat the "rap" trying to save him from having this 1 thing ruin the rest of huis life. everyone deserves a secodn chance

Would he deserve a second chance if he had killed someone? He says he was driving normal, have you ever heard a drunk driver say anything different?

This won't ruin the rest of his lifehe's still alive. Just teach him a lesson he won't forget to be responsiable for his own actions.

Dead people don't get a second chance just ask them! approx 23,000 every year from DUI accidents.

The legal limit for blood alchohol(sp) in Wa state for underage drinkers/drivers is 0.0%.

We live in a small town and read the typical to bad so sad story in this weeks, weekly paper. 4 yutes all DUI, 1 yute fell off the roof of the car DOI.

His life is ruined forever he be dead. Happened a couple of days before he was supposed to leave for basic training.

R.I.P.

[garef001 0]

here in cali there are 3 charges, from lowest a speedex which is very rare involves a ~300 fine and thats it, a wet reckless which is ~900 three months no license and a 12hour class and it stays on your record for 3 yrs, and a dui 1st time offence ~1200 3 months classes 7 yrs on record.
get a lawyer and try for a wet reckless, would be your best bet.

as for all the people saying he fucked up and screw him, i don't agree. people make mistakes and don't tell me you haven't had 2-3 beers and then driven. don't be hypocrites. yes if someone is really trashed drives like a moron and gets into an accident and hurts someone that is a big deal. but with such a low blood al level give him a break. i think that maybe everyone is taking this a little too far.

Thanasi

[Kennedy 0]

I don't believe all the "screw him" showing up.

Me, I say leave him to his own devices and let him try to work it out on his own and live with whatever comes of it.

If he bitches about it later, then I say "screw him."

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[slug 1]

damn I thought we were talking to diverdriver but it din't sound like him trying to get a irresponsiable dumbshit off on a technocality by some scum sucking lawyer.

Diver Diver maybe you could be a character witness for your buddy in court and tell the judge what you told us. See where that gets you.

BTW how old are you? Ever been charged with DUI? drink just one or two beers and drive? A lot of us have known people that were killed by folks DUI.It ruins the lives of not only the deceased but their whole family forever.

Think about it

R.I.P.

[quade 4]

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. . . and don't tell me you haven't had 2-3 beers and then driven. don't be hypocrites.

Never in my life.

It's something I've had a strong opinion about since I was a small child. It's very easy to avoid.

quade -
The World's Most Boring Skydiver

[wingnut 0]

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State Trooper in Ohio

well i grew up, learned to drive in and still hold an ohio drivers lisc... this is just my teachings (32 hours req. by state law for all under 18 drivers) on it so here it goes.....

anyone under 21 in ohio that blows anything but a .00 is legaly drunk, yup even if it was just a dose of couch syrup. he shoul dknow this if he is an ohio resident. if not well still .06 isn't from one dose of couch syrup. as for trying to fight it for cause of pulling him over i bet the officer could choose from about 10 diffrent things if he wanted to, even cite him for a couple things if he really wanted to besides the underage/drunk driving. you would be suprised at what is ilegal while driving and what isn't...... he crossed either yellow or white line once that's enough cause.. weaving inside his lane is even one.... he probly could try and fight it but well, even if he was over 21 and blew a .06 he could still be aresed for driving under the influence.... iirc dwi is when you are over the legal limit and dui is is if you have a substance in your system and are impared..... he could of blew a .04 i bet and still get a dui............. al depends on what judge he gets......

mind if i ask where this happened? interstate or st. rt.?? or even back country road...???

okay just pulled this off the state of ohio dmv web site........

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.02 Percent for Drivers Under 21 Years Old
A law authorizes police to file charges against drivers under the age of 21
who have a blood-alcohol concentration (BAC) of at least .02 percent but less
than .08 percent.
The offense is called “Operating a Vehicle After Underage Consumption.”
The penalties include driver license suspension for not less than 60 days or more
than two years, as well as taking a remedial driving course and the complete
driver license examination prior to reissuance of your driver license and four
points assessed to your license. There will also be a license reinstatement fee and
you will be required to carry FRA insurance for a period of five years.

and can be found on page 41 of the ohio drivers digest here
www.state.oh.us/odps/division/bmv/EngDigest.pdf

______________________________________
"i have no reader's digest version"

[wingnut 0]

and from the ohio revised code......

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§ 4511.19. Driving while under the influence of alcohol or drugs or with certain concentration of alcohol in bodily substances; chemical analysis.



(A) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's blood.
(3) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
(4) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
(5) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(6) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person's whole blood.
(7) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person's blood serum or plasma.
(8) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath.
(9) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine.
(B) No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(1) The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
(2) The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
(3) The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
(4) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
(C) In any proceeding arising out of one incident, a person may be charged with a violation of division (A)(1) and a violation of division (B)(1), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions.
(D) (1) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section or for an equivalent offense, the court may admit evidence on the concentration of alcohol, drugs of abuse, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within two hours of the time of the alleged violation.
When a person submits to a blood test at the request of a law enforcement officer under section 4511.191 of the Revised Code, only a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist shall withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under this division, if in that person's opinion, the physical welfare of the person would be endangered by the withdrawing of blood.
The bodily substance withdrawn shall be analyzed in accordance with methods approved by the director of health by an individual possessing a valid permit issued by the director pursuant to section 3701.143 of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding for a violation of division (A) of this section or for an equivalent offense, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (A)(2), (3), (4), and (5) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of division (B) of this section or for an equivalent offense that is substantially equivalent to that division.
(3) Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney, immediately upon the completion of the chemical test analysis.
The person tested may have a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement officer. The form to be read to the person to be tested, as required under section 4511.192 of the Revised Code, shall state that the person may have an independent test performed at the person's expense. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer.
(4) (a) As used in divisions (D)(4)(b) and (c) of this section, "national highway traffic safety administration" means the national highway traffic safety administration established as an administration of the United States department of transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
(b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, of a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine, if a law enforcement officer has administered a field sobriety test to the operator of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and generally accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apply:
(i) The officer may testify concerning the results of the field sobriety test so administered.
(ii) The prosecution may introduce the results of the field sobriety test so administered as evidence in any proceedings in the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced under division (D)(4)(b)(i) or (ii) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.
(c) Division (D)(4)(b) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (D)(4)(b) of this section.
(E) (1) Subject to division (E)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (A)(2), (3), (4), (5), (6), (7), (8), or (9) or (B)(1), (2), (3), or (4) of this section or for an equivalent offense that is substantially equivalent to any of those divisions, a laboratory report from any forensic laboratory certified by the department of health that contains an analysis of the whole blood, blood serum or plasma, breath, urine, or other bodily substance tested and that contains all of the information specified in this division shall be admitted as prima-facie evidence of the information and statements that the report contains. The laboratory report shall contain all of the following:
(a) The signature, under oath, of any person who performed the analysis;
(b) Any findings as to the identity and quantity of alcohol, a drug of abuse, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory director or a designee of the director that contains the name of each certified analyst or test performer involved with the report, the analyst's or test performer's employment relationship with the laboratory that issued the report, and a notation that performing an analysis of the type involved is part of the analyst's or test performer's regular duties;
(d) An outline of the analyst's or test performer's education, training, and experience in performing the type of analysis involved and a certification that the laboratory satisfies appropriate quality control standards in general and, in this particular analysis, under rules of the department of health.
(2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in division (E)(1) of this section is not admissible against the defendant to whom it pertains in any proceeding, other than a preliminary hearing or a grand jury proceeding, unless the prosecutor has served a copy of the report on the defendant's attorney or, if the defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of this section shall not be prima-facie evidence of the contents, identity, or amount of any substance if, within seven days after the defendant to whom the report pertains or the defendant's attorney receives a copy of the report, the defendant or the defendant's attorney demands the testimony of the person who signed the report. The judge in the case may extend the seven-day time limit in the interest of justice.
(F) Except as otherwise provided in this division, any physician, registered nurse, or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability and civil liability based upon a claim of assault and battery or any other claim that is not a claim of malpractice, for any act performed in withdrawing blood from the person. The immunity provided in this division is not available to a person who withdraws blood if the person engages in willful or wanton misconduct.
(G) (1) Whoever violates any provision of divisions (A)(1) to (9) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. The court shall sentence the offender under Chapter 2929. of the Revised Code, except as otherwise authorized or required by divisions (G)(1)(a) to (e) of this section:
(a) Except as otherwise provided in division (G)(1)(b), (c), (d), or (e) of this section, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to all of the

and it keeps going on and on.........

______________________________________
"i have no reader's digest version"

[JoeyRamone 0]

Chris,

He is screwed. In Illinois you can get a dui even if you are under .08. Now that he is under 21 he will lose his driving privileges for a year. Illinois has zero tolerance for anyone under 21.

He needs a lawyer.....


I know this for a fact, I lost mine for 3 years. I had 4 beers and got pulled over, i did not blow and was charged. I had one almost 5 years befor that. so i lost mine for 3 years.....Illinois has the 2nd hardest dwi lawys in the country.

[RevJim 0]

I have to side with Quade here. (ugh, that was harder to say than I thought it would be).

Drinking and driving is illegal.

Underage drinking is illegal.

In most states, absolute sobriety is THE law for anyone underage.

He broke the law. Period.

I don't care (really, I don't) how many technicalities you can dig up. He broke the law.

Now it's time for him to pay for it.

It's your life, live it!
Karma
RB#684 "Corcho", ASK#60, Muff#3520, NCB#398, NHDZ#4, C-33989, DG#1

[wmw999 2,439]

This sounds like a complete pain in the ass, but (especially given the circumstances), I would imagine that your frined would get closer to the minimum than the maximum. He'll get over it, and remember this lesson well.

If you want to help him, make sure that he also doesn't do anything that's likely to jeopardize his getting the minimum rather than the maximum penalty. Being contrite, polite, and well-dressed will help this.

Wendy W.

There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

[Skyrose7 0]

It's zero tolerance here too. It doesn't matter if you were not legally drunk, you were not legal to drink, so that BAC doesn't matter anymore if it was over 0.0.
You said something about second chances. I say he already got a second chance. He is lucky he didn't really f*ck up and hurt somebody else. All he has to do is go through the motions of the system and "learn his lesson." I have known people who got the same charge and laugh it off because they got off easy....and then they do it again. I hope he DID learn his lesson, for the sake of everyone else on the road. You say he only blew a .06, but can you say he hasn't driven under the influence of alcohol before? ...and probably not at a legal BAC??
I think that since he is over 17, he will still be charged as an adult. I am not sure what the difference in punishment is though. I think it is more fines, less rehab stuff. The lawyer he gets makes a huge difference in these cases. Money talks. I have had friends go through the same thing and get off pretty easy due to a good lawyer. good luck.

~~~~~~~~~~~~~~~~
The mind is like a parachute--it works better when it is open. JUMP.
MaryRose

[turtlespeed 219]

.06 thats equivalent to what, one beer, and waiting around hangin' out for 45 minutes.
Seems a bit harsh. I would like to who here didn't EVER take a drink or have a beer or a glass of wine when they were 20 or younger. I'm betting that it's close to 1% or less.

It's a bum rap! DUI when the legal BAC is 33% higher than he had.

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[JoeyRamone 0]

06 thats equivalent to what, one beer, and waiting around hangin' out for 45 minutes.***

That is about 3 beers in an hour for a person.

[mdwhalen 0]

Would you ask a skydiver for advice on how to fly your plane? No. It isn't important what he says the facts are, its what the trouper says that matters to him. The only good advice you can give him is to get a lawyer, get a recommendation from some other lawyer in the area whom you trust, don't just select one from a billboard or TV commercial.

"I have magic buttons ;)." skymama

[SeaKev 0]

Your friend needs to grow up and take some responsibility. That's not to say he doesn't need to be properly represented. If his BAC is .06 he is under the influence, period.

[SeaKev 0]

as for all the people saying he fucked up and screw him, i don't agree. people make mistakes and don't tell me you haven't had 2-3 beers and then driven. don't be hypocrites. yes if someone is really trashed drives like a moron and gets into an accident and hurts someone that is a big deal. but with such a low blood al level give him a break. i think that maybe everyone is taking this a little too far.

[DShiznit 0]

The exact same thing happened to me 3 weeks before I turned 21. In Texas, they had just passed a law (this was 6 yrs ago) that if a minor was operating a vehicle and you had the SMELL of alcohol, you go to jail for a DUI by a minor. I had to do the sobriety test, passed with no questions. I had half of a beer 4 hours prior, and nothing in between, so they smelled it.

My advice: GET A LAWYER NOW!! They tried to suspend my license for 60 days, a major fine, probation, community service PLUS the DPS came after me to suspend my license for an additional 30 days.

I got a lawyer, and for $1000 he got me off of everything. All I had to do was pay court costs - $250, and no alcohol incidents for 6 months and a 6 hr alcohol awareness class.

If he doesn't get a lawyer, he will be fucked. Period.

[diverdriver 5]

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Chris,

He is screwed. In Illinois you can get a dui even if you are under .08. Now that he is under 21 he will lose his driving privileges for a year. Illinois has zero tolerance for anyone under 21.

Dude! It's not me! Look at the profile. No avatar. Lives in Ohio. Just looks like DiverDriver....but it's not.

The one, the ONLY.....

Chris Schindler
www.diverdriver.com
ATP/D-19012
FB #4125

[DShiznit 0]

LMAO - I thought it was you too

[JoeyRamone 0]

HA sorry......