LEAGAL ADVICE for DUI

[DiverDiver 0]

A good friend of mine, who is 20 years old, was pulled over late one night about a week ago. He expalined to me he was driving normal and the speed limit when he was pulled over. It was very late, and when the officer approched the vehichle he smelled alcohol. My friend blew a .06 which is under the legal limit for a 21 year old, but was charged with DUI since he was only 20. Now my friend goes in front of the judge in 2 days.

Any advice on if he can plea to a lesser charge, or if after reviewing the in car camera and showing no reason for a traffic stop if he can get the case dismissed?

Thanks for anyhelp I can pass along.

[bobsled92 0]

Well,
according to what you just said: He is guilty of under age drinking NOT legal DUI
He needs a specialty Attorney immediately, like
tomorrow at 9 am, like in 8 hours.

_______________________________
If I could be a Super Hero,
I chose to be: "GRANT-A-CLAUS". and work 365 days a Year.
http://www.hangout.no/speednews/

[skydivexxl 0]

Some states, anyone under 21 w/ ANY alcohol is DUI...

Blog Clicky

[Gawain 0]

One word: Lawyer.

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!

[DiverDiver 0]

State Trooper in Ohio.
He has a public defender, that is why I posted this, making sure he doesn;t get screwed over because of not being properly defended.

[bobsled92 0]

yep!
I can cost him a lot for future things ?permenant record?

_______________________________
If I could be a Super Hero,
I chose to be: "GRANT-A-CLAUS". and work 365 days a Year.
http://www.hangout.no/speednews/

[diablopilot 2]

I ran into the same situation when I was 19. .06 BAC. Was originaly charged with DUI was went with no representation to the aragnment. DA must have been having a good day because out of 17 other people ther for DUI I was the only one they recomended for a "wet and reckless". Reckless driving on DMV record, loss of licence, manditory alcoholism education class, ect.

I'd say he could get a laywer, but in this matter he may be better off without.

Of course what do I know anyway?

----------------------------------------------
You're not as good as you think you are. Seriously.

[champu 1]

did the officer ever give him a reason for why he pulled him over?

was he pulled over as part of a random road block?

if no, I don't know that "the guy looked kinda young and I thought he might have been breaking curfew" is a valid reason to pull someone over.

I'll bet he was going at least 1mph over though...

[osuskydiver 0]

If the officer was behind him how is it possible for him to see how old he is? I think the judge may see through that excuse.

Can the case be thrown out if the Officer had no valid reason for pulling him over? A good lawyer could argue that his constitutional rights were violated in an unwarranted stop couldn't he?

By the time you read this you have already read it.

[quade 4]

Don't give him any advice and let him take the punishment he deserves.

Under age drinking and driving is stupid.

There is no excuse.

Maybe he will wake up.

quade -
The World's Most Boring Skydiver

[DiverDiver 0]

Put yourself in my shoes. If it was yoru friend wouldn;t you want to try to help your friend out?
save him some money from a lawyer so he can spend it on skydiving?
It was a wake up for him......now lets help him

[quade 4]

Quote

Put yourself in my shoes. If it was yoru friend wouldn;t you want to try to help your friend out?

Nope. I wouldn't even bail him out of jail.

It was a stupid thing to do.

http://www.madd.org/under21/

Skydivers give a lot of lip service to "personal responsibility" -- think about it.

quade -
The World's Most Boring Skydiver

[DiverDiver 0]

Glad I am not your friend.

[mjosparky 4]

Quote

Don't give him any advice and let him take the punishment he deserves.

Under age drinking and driving is stupid.

There is no excuse.

Maybe he will wake up.

What he said.
If he is blowing a .06 at 20 what the hell will he be doing by 30.
Sparky

My idea of a fair fight is clubbing baby seals

[Gawain 0]

Quote

Put yourself in my shoes. If it was yoru friend wouldn;t you want to try to help your friend out?
save him some money from a lawyer so he can spend it on skydiving?
It was a wake up for him......now lets help him

Bad news dude. After the fines and the court fees are assessed, there's not gonna be any skydiving for a while. Being a good friend doesn't always mean finding answers to problems that someone created.

He had his wake up call, great. Now he has to live with it. If it's a DUI conviction, that's seven years on his record, plus the host of other problems (maintaining and/or finding employment, insurance, background for rent, etc...the list goes on and on). Seriously, he should find a lawyer, get on a payment plan, whatever it takes. Part of the legal system is the legal process, and with only two days to go, your friend is not going to learn the process.

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!

[DiverDiver 0]

If it is any help it was 2 weeks before his 21st. I know it is not an excuse for drinking and driving. Put put your self in his shoes....wouldn;t you like soem legal advice

[mjosparky 4]

Quote

Glad I am not your friend.

As a friend, why are you trying to show this kid that it is ok to try and beat the "rap" even though he was driving drunk.
Sparky

My idea of a fair fight is clubbing baby seals

[DiverDiver 0]

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

[SkydivingNurse 0]

The best lessons to learn are often the hardest. I agree with Quade, let the kid take his lumps and learn a lesson.
And not to be too much of a doomsayer, but what if he had caused an accident? The cop may have done him a big favor.

[quade 4]

This is the country of second chances.

He got his second chance when the cops pulled him over.

quade -
The World's Most Boring Skydiver

[Gawain 0]

Quote

everyone deserves a secodn chance

Yeah, like the lady that hit me and my dad head-on when I was 15? It was girl's first DUI too, she was 20, 0.10BAC (before the big .08 hoopla). I'll tell you right now, I was hoping that they'd throw away the key when they peeled the car away to get at me and my dad.

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!

[Shark 0]

Quote

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

I concur. Yes, the under-age drinking is bad, but he was not legally drunk, either. The kid fucked up and he probably knows it. Whatever the outcome he has learned a lesson.

[Gravitymaster 0]

I agree with Quade too. It's all about personal responsibility. Let him take his lumps, go thru an alchohol course, pay some fines. Pain is the greatest teacher.

[mjosparky 4]

Quote

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?

My idea of a fair fight is clubbing baby seals

[DiverDiver 0]

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