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Don't drink and drive, you fucking abortion! What the fuck is wrong with you?! Your mom should've swallowed you!
/tnl
Seriously, get a lawyer.
Just to get it out of the way: Idiot. Don't do that.
That said, I know plenty of folks who've had DUI's and they're still a-ok. Checkpoints are a sonofabitch, though, bad luck on that. It's a first offense, so you shouldn't get it too terribly bad, at least from what I've seen in the past.
Don't do that!
And get a lawyer.
TNL LEGAL TEAM, ASSEMBLE!
Call a lawyer. You're pretty much screwed since you BAC was so high. I'm not sure what a judge would say, but from what it looks like, your situation ain't looking too good. Might be able to get off on account of an inaccurate reading. Who knows.
Your license is probably going to be suspended or at the least restricted to only get you to and from work. You'll have to take DUI classes and your car insurance is gonna sky rocket. Follow everyone's advice and get a lawyer asap.
One of my friends got two DUIs and neither ended up on his record or required a loss of license/prison stay because he got a good lawyer.
The another guys I work with went to jail after his second one because he had a shit lawyer.
Get someone good to represent you.
stfu,
should have told jon to drive you
then again i dunno if he would have been any better
First off, def don't panic. The vast majority of people with clean records don't get the book thrown at them on their first DUI, as long as you have a good lawyer. Once you get good representation they will tell you everything you need to do, while they work their deal with the DA. They may ask you to do DUI classes prior to your hearing, but other than that there is really nothing you can do except let your lawyer work it out for you and hope for the best.
1) Get a Lawyer (Duh)
2) Challenge the results of the test
3) Get ready to serve a hard 15 days off the road make your plans for getting to work now
4) Be prepared to drop 1500-2000 dollars and having it dropped to a physical control
Remember a single OVI is only a misdemeanor, unless you have a job where you are required to drive by the company (IE Outside sales rep, pizza guy, etc) companies won't even uncover this on their background check.
http://www2.potsdam.edu/hansondj/Dri...093825780.html
You need to find a good lawyer. Chances are, they'll get the charges dropped, because of the inaccuracies of the test.Quote:
Research indicates that breath tests vary at least 15% from actual blood alcohol concentration. At least 23% (that's about one out of every four) of all individuals tested will have a BAC reading higher than their actual BAC. 1 Therefore, many people convicted of DUI/DWI simply on the basis of a breath test results alone will be innocent drivers who are falsely convicted.
It’s important that drunk drivers, and especially hard core repeat offenders be convicted and/or receive appropriate treatment. But it’s also important that innocent drivers not be falsely convicted of DWI/DUI.
A thoughtful observer has emphasized that
The law presumes every citizen innocent, even when charged with DWI. A judge violates the judicial oath when he or she presumes that a citizen charged with DWI is guilty, gives greater weight to the state's evidence, is predisposed to find for the state, or looks for ways to assist the state in the prosecution of a case. Judges with high conviction rates are NOT fair and impartial but proxies for the prosecution or result-oriented interest groups.
The law imposes the highest burden of proof in criminal matters -- proof beyond a reasonable doubt of every element of the offense. Judges who lower this high burden in DWI cases make it probable that innocent people will be convicted, robbed of their liberty, their property, and their rights. When we permit or encourage judges to lower the burden of proof, we embark upon a slippery slope where expediency and results, rather than justice and law, guide decisions. 2
One judge who has been criticized for allegedly being too “soft“ on defendants is Judge Jerome Leonard of North Carolina, who defends his decisions. “We have taken an oath to uphold the law,“ Judge Leonard explains. “If there’s a reasonable doubt, I have to find that person not guilty.“ 3
The results may not always be pleasing, but the alternative is living in a police state without the protective rule of law.
No chance he's getting the charges dropped unless he spends 10 grand on a superstar DUI lawyer.
Cry like a baby in court. :p
I have no clue, I don't drink.
I've never heard of someone getting off really, but a good lawyer if key to getting the lowest possible sentence.
You should totally tell them that the cop was drunk and blew a point five thousand and then he threw up in your mouth and made it look like you were drunk because you were puking and then you blew a .000010000011100000011110000000111 but it was misread as a .07510 which he translated to two different numbers.
A good lawyer is key, and hopefully you'll have some problems with the court date, I know that helped my brother.
He blew a .27 less than 100 yards from our house on his way home one night, got a good lawyer (his friend's father), and then had personal issues/court date changes for over a year. It took him over a year and half to actually go to court for the thing, and by the time he got there he only had to pay $200 + his lawyer fees, which were not much.
The first date they tell you to be in court, you should mention some undisputable occasion you had going on that day, and push it back as much as you can. The longer the court feels it's dragged the issue on, the more lenient it tends to be (not just in my brother's case, in several others I've seen).
You should have got a blood test to go with the breathalyzer. I've know a few people in WI that have gotten off because blood wasn't taken. Like it's been said, get a lawyer for sure. I doubt you need to get a fancy lawyer though.
Also, I drove drunk tonight. Just get good at it.
except if you get stopped at police check point
I guess we don't have them in WI, at least in Appleton. In that case, I'd be fucked then.
i think it's a law in WI that driving drunk is okay, on account of beer and cheese are the only available food groups.
Thanks for all the info, guys. There's no possible way I could even afford the minimum fee for a lawyer right now, so hopefully it gets dragged out for me to save up. I know for sure that there's a really important meeting I have to attend for work on my court date, but who knows after that.
I'm still feeling hopeless but at least I've gotten a bevy of advice. Thanks again.
flirt with the cop next time
two things to know. for them to prosicute (at least in PA), they NEED to take a blood sample. a breathalizer alone is not admissible. normally you have a preliminary hearing with a district justice. if the cop is not there, THAT reason alone is a good way to get the whole thing thrown out. it's not 100%, but you have a right to question your accuser. there are so many technicalities it's rediculous. another one (which really can't ever be proved unless the cop has a video and audio) is if the officer says he can smell "alcohol" on your breath. people have gotten off (being COMPLETELY plowed or even getting in accidents) because alcohol has no smell. an "alcoholic drink" does.
it's also law in PA to take a breathalizer even if completely sober. if you refuse, PENNDOT takes your license for a year, no questions asked. most people don't even know this.
a lawyer is good for these tiny inconsistencies but normally nothing shows up. in that case you spend over a grand to find out how buddy buddy your lawyer and judge are. they might knock a couple months off your probation. and when you start paying fines, make sure you know where to send the money IMMEDIATELY. in my case they never started to send bills. two months into it i have creditors after me for lack of payment because i never was told when and where to start paying.
WARNING: The following is not to be construed as legal advice. If you are arrested for DUI, please consult with an attorney licensed to practice in your jurisdiction.
Wrong. You failed them.
When you say "breathalyzer," are you talking about a true handheld Breathalyzer-type handheld device, or a larger device typically mounted in the back of a squad car? I'm guessing it's the latter.Quote:
but when I did the breathalyzer, I blew a .075 then a .11 (I didn't take a very deep breath on the .075 so I didn't go the full 10 seconds). I felt completely fine, which is why I went through the checkpoint, but obviously things went wrong.
It sounds like a borderline case. Breath-testing devices such as the Intoxilyzer 8000 (commonly used in my state) commonly exhibit a margin of error of 10% or .015 (whichever is greater), and possibly more depending on individual circumstances. You need a decent lawyer to evaluate the case.
Also, there may be some potential constitutional issues with the checkpoint stop. I don't know the status of state law in CA regarding checkpoints, though. Personally, I have gotten DUI checkpoint cases dismissed based on the State's failure to show the efficacy of these checkpoints as opposed to ordinary traffic stops based on reasonable suspicion.
Get yourself a lawyer. What part of LA do you live in? What court are they sending you to?Quote:
Does anyone here have any advice for my situation? I plan to take responsibility for my actions no matter what happens, I just don't know what to do as far as when I get to court and everything that happens afterward.
Just about every company requires self-disclosure on a job application. And DUIs are very easy to find in a background check.Quote:
Originally Posted by Bailey
Many jurisdictions use blood samples exclusively; many do not. Breath samples from state-approved devices may be admissible. Results from handheld devices such as the Breathalyzer usually are not.Quote:
Originally Posted by Dyne
Bullshit.Quote:
another one (which really can't ever be proved unless the cop has a video and audio) is if the officer says he can smell "alcohol" on your breath. people have gotten off (being COMPLETELY plowed or even getting in accidents) because alcohol has no smell. an "alcoholic drink" does.
damn sleeve to the rescue.
Both gamevet and sleeve quoted error margins in the area 11% and 0.015. If you registered a 0.11, neither one of those is enough to get you back to 0.08, so don't waste your money on that.
I don't know why "don't drink and drive" is such a hard fucking concept. The limits are minute and intended to be minute. Waiting a few hours after a few drinks isn't good enough to pass.
The truth is that once they get you with a BAL over the limit, there is really little you can do to get off, unless you have a damn good case in contesting being stopped in the first place. Your money will be best spent trying to plea it down and hopefully get PBJ. In a case like this, what you are really paying for is having someone who plays golf with the DA's and judges on the weekends representing you. Once you complete your probation there is nothing on your criminal record. Anyone can still find your rap sheet though.
Not only is it not good enough to pass, but in many instances it works against you. There are lots of factors in how fast alcohol is absorbed into the bloodstream. In many cases cops will intentionally try to delay giving the court admissible test to the offender if they are right around the limit, giving the offenders body time to absorb more alcohol that they may have recently consumed.
"SIR, HAVE YOU BEEN DRINKING?"
"No sir, i just had a rather large serving of kumbocha."
The cop will usually be there. Also, a blood sample is not needed in PA, but a breathalyzer needs to be done at the police station to be usable as evidence.
Incorrect. The breathalyzer the police use when they pull you over is considered to be an additional field sobriety test. They won't tell you, but it is your right to refuse all field sobriety tests without penalty.
Mike had just better hope they have a first time offender program in CA. My lawyer was going to start his fees at 7 grand if I decided to go to trial and he also told me that we had no chance of winning if we did go to trial. In a case like Mike's, a DUI is going to be impossible to beat, he'll just have to hope for reduced charges.
Quote:
If Convicted: First Time Offenders - California sentences first time offenders to no less than 96 hours (at least 48 of which must be consecutive) of jail time and imposes a maximum limit of 6 months. Additionally, California imposes a fine of $390 - $1,000.
First Time Offender Program
California sentences first time offenders whose blood alcohol level was below .20 to participate in a program that is at least three months long (and potentially longer, based on the court’s discretion). The program will involve at least 30 hours of activities, including education, group counseling, and individual counseling sessions
For first time offenders whose blood alcohol level was above .20, the program will last at least nine months and involve at least 60 hours of the above activities.
Sorry Cal. Let me say my sister just went through all this and she's doing just fine. Get a lawyer and relax. What else can you do?
I run background checks as part of my job, and we find out if you had freaking Minor Consumption in high school. If you didn't admit to it in your application, sorry pal.Quote:
Originally Posted by Originally Posted by Bailey
We have hired plenty of people who have admitted to DUIs, it helps if you explain that you went through some program to rehabilitate yourself.
I'm just talkin in my experience in working in HR hiring people.
See, this is the part I have trouble with because I remember clearly everything that happened. Obviously, they had some reason, so there's nothing I can do, but I didn't stumble or waver or mess anything up. I know the response is, "Well you only THINK you did fine," but believe me, I was completely aware of myself. It sounds dumb, but unless I can see video of myself slurring or messing up or something, which I also would have remembered, I don't believe it. But again, nothing I can do... I should have gone for the bloodwork.
The one in the police station. Yeah, wrong terminology.Quote:
When you say "breathalyzer," are you talking about a true handheld Breathalyzer-type handheld device, or a larger device typically mounted in the back of a squad car? I'm guessing it's the latter.
The checkpoint was in Redondo Beach and I'm going to the court in Torrance.Quote:
Get yourself a lawyer. What part of LA do you live in? What court are they sending you to?
Police checkpoints are bullshit. I'm a staunch advocate of people getting fucked for a DUI, but checkpoints is not how we do things in the US.
"You! Where are your papers?"
Basically. It's also a rather convenient way to get people for things that otherwise wouldn't have been a problem.
Quote:
» Advice
a post in lieu of diffx
kill yourself
Doesn't matter.
NHTSA-certified standard field sobriety tests (SFST's) consist of a list of "cues." A suspect "fails" the test if he exhibits two or more cues. For example, if you miss one heel-to-toe step on the walk and turn (WAT), that's one cue. Pick up your arms from your sides? Another cue. Turn improperly? That's another cue. And so on. The horizontal gaze nystagmus test (HGN) is another good one: that's the one where the officer makes you follow a pen with your eyes. The officer is looking for nystagmus, the involuntary jerking of the eye typically associated with neurological dysfunction (one cause of which can be alcohol consumption). It's virtually impossible to tell if your pupils are jerking involuntarily because, well, it's involuntary.
Did the officer provide you with a printout of the results? And they were .075 and .11? I would be very surprised if that were the case, because that would tell me there was something seriously wrong with the machine. In Arizona, for example, duplicate breath tests must be within 0.02 BAC to be admissible.Quote:
The one in the police station. Yeah, wrong terminology.
I might have someone I can refer you to. I'll look her up.Quote:
The checkpoint was in Redondo Beach and I'm going to the court in Torrance.
Looks like Sleeve has you taken care of. Best of luck.
Don't think, as some have suggested, that if you get a good lawyer you will get off. It might happen but it probably won't, even with the best counsel.
If they drove you to the station before you took the breath test, it's possible that your BAC at the time of your roadside test (and more importantly, while you were driving) was below .08 but it rose to above .08 while riding in the cruiser. Still, if the cop says you failed the roadside test, who is the judge/jury going to believe.....
That last one would be the only thing I could possibly see as being a clue I would believe, since I wouldn't be able to tell. I didn't move my head and I followed his finger (not a pen) perfectly. No issues with the WAT. The only thing I could see as an issue was just that he was being misleading about when to start with the fingers to your nose thing, so I called him on it (not rudely, just stated plainly). Other people I observed totally blew that test (they have the officer telling you what to do but also another officer is asking him questions and he responds, but doesn't make it clear whom to). Oh, and when I'm nervous I put my hands in my pockets and he asked me to remove them a couple of times.
No, they either didn't care that I was looking at the results on the screen of the thing or they didn't notice, but the first popped up at .075 and he wrote .11 when the second came up as .110.Quote:
Did the officer provide you with a printout of the results? And they were .075 and .11? I would be very surprised if that were the case, because that would tell me there was something seriously wrong with the machine. In Arizona, for example, duplicate breath tests must be within 0.02 BAC to be admissible.
A: Lawyer, get one
B: be honest with them, write down everything you think is relevant and everything that you noticed, give that list to them. Do not give him a list of things you think would help or hurt you. You should be as absolutely honest with your lawyer as possible so they can help you. Even if the information is "bad" for you, it might give them something to work with.
C: don't listen to what anyone (including teachers) tells you about Breathalyzer tests. Ask your lawyer.
Too late already, so no point in advice, but for those of you who didn't fuck up already:
As soon as you get pulled over, you say that you JUST drank and that you JUST left a buffet. Officers don't care if you're lying or not, but they have to write this down anyway. The thing is, just drinking, and just eating increases the test's margin of error.
Then, they are going to ask you if you want to take any tests, which you can say no to. IMPORTANT: You must say that you refuse to take any FIELD TESTS, but will GLADLY take a breath test at the station. These are two different things. There are a breathalizer and a breath test at the station (NOT THE BLOOD TEST THOUGH). This buys you time and it also doesn't cause you to look guilty.
This is where a lot of people fail. They panic because they are drunk/stupid or both, and they confuse the breathalizer with the breath test. The fact is, regardless of the results, or whether you take a field test or not, they are going to arrest you anyway. It is all one big mind-game. So just tell them in a polite way that you want to test at the station and take the arrest.
Anyway, if you do this, 90% of the time, unless you are truly a shitfaced idiot who actually was presenting a danger to society, you will be just fine, even though it may cost you an hour or two of your life. It won't cost you money, or your license.
Re: Calliander - since you did everything wrong, it is very possible that you are SUPER fucked and on the road to a license suspension, but hopefully that won't happen to you.
Good luck. LOL at the "i felt fine" line tho.
Good luck getting through it all. It's the main reason I am super-cautious when drinking; if I am driving within 12 hours, I don't drink at all (but then again a half-teaspoon of vanilla in my oatmeal will probably put me over the limit as a minor).
My problem with the whole DUI thing is the BAC limit. I could land a hellicopter on a party boat out at sea during a fierce storm with a 0.08. WTF lawmakers?
Pay the sucker, otherwise it'll pop up on background checks if your lines of work require that. Its not fun to explain
I think we need to set-up the official TNL legal defense team.
The turning red part makes it really easy for the cops to catch em.
If you indeed check this, you triple what GE does
1) Felonies you were convicted of
2) Credit Score
3) Educational verification
and if you drive a company car
4) Check with insurance companies and your driving record.
Don't know why you'd check more unless you deal with the government, oh wait we do. Your company should outsource your position and save money imo. Sorry man.
Your Honor, as you can see the defendant clearly paid for a lawyer. Furthermore, if it pleases the court I would like to submit TNL message board thread #12,865 into evidence. Post #38 clearly states that any and all charges shall be dropped if the police officer sneezes during the field test regardless of how plowed the driver may be as verified by one poster's former professor.
Seeing as how the officer did sneeze in the middle of the backwards alphabet portion of the field test, we ask that all charges be dropped and request state compensation for all legal fees. And a Sony Bravia TV.
The point is that I know of no companies that find out what the fuck you did in highschool and use that as part of their hiring policy. Well that and to sound petty I guess.
The less important the job, the more intense the background check.
Apparently, if you apply for mcdonalds they must grill the hell out of you.
Let's see, so you want to drop fries eh? Well then TELL ME why in 6th grade you spit in your sisters food?
I know we use Hireright to screen our applicants, but I don't know how grueling their process is.
Speaking of which, I didn't get in trouble at work - everyone was really nice and I didn't get a no call/show for it. The sales folks gossiped like girls, but whatever, I confronted it head on and if anyone asked me questions I answered them.
Now where's my Sony Bravia?
False. I promise you that. If you think a company is spending 500 dollars to check if you participated in Gym class in the 8th grade so they can decide if they want to hire you for a 30,000 dollar a year job, you're nuts. They may threaten to do so sure, but don't get your hopes up.
The standard is
1) Piss Test
if you pass
2) Verify your employment history
if you pass
3) Check your criminal history
if you pass
4) Send you offer
if you accept
5) 90 days probation
Now you all may "have friends" that work in "hr" who know everything, but trust me I have to review and approve these forms and procedures for every new hire, and i have done it for years.
CA's first time offender program seems pretty concrete. A good lawyer is not going to make any difference. Try and apply for a public defender Mike, you probably won't qualify but it seems like you just need a lawyer to get into the program and for nothing else.
I do it every fucking day Mech. Jesus you guys know everything around here don't ya? You don't see me going into any fucking IT threads and saying, oh my god I released a PO for a blade server once, I'm an expert on the matter.
Bottom line and last thing I'm going to say about it, unless you're going for a high 5/6 figure job, companies only want to know that you know how to avoid failing a drug test, you worked where you said you worked, you actually got an education, and that you aren't a felon (sorry aren), thats it.
Hell, most fortune 500 companies don't even check education anymore.
So did he.Did I say that or did I say that you can't promise me that an HR company you aren't part of routinely had to do some research a little bit deeper than you do for your company? Because I'm pretty sure it was the latter.Quote:
Jesus you guys know everything around here don't ya?
Oh noes some places run things slightly different from yours, freak out a little harder why don't you?I know NASA checks driving records and will fire you if you get a DUI even for $10/hour shit jobs.Quote:
Bottom line and last thing I'm going to say about it, unless you're going for a high 5/6 figure job, companies only want to know that you know how to avoid failing a drug test, you worked where you said you worked, you actually got an education, and that you aren't a felon (sorry aren), thats it.
p.s. Nice edit on your previous post to make yourself look like more of an asshole.
Okay, if you really think that a 30,000 dollar a year job constitutes them actually running a background check that would run into the 1000's of dollars, be my guest. Drink the Koolaid my man.
OK, Bailey. End of side discussion. Next person to respond gets carded.
So I have no say in the matter - my mother got me a lawyer. I guess he used to be a DUI prosecutor and he knows the judge who will be handling my case. We'll see how this pans out, only thing I can do now.
Thanks yet again for all the great viewpoints you guys have given me.
It's sad that someones family is there for them?
Why, because she wants to protect her son? You came from the wrong family then. It's normal.
Double Ka Ka Ka KOMBO
i call it responsibility.
Dog the bounty hunters son is in prison for meth, and he won't visit him! Why? Kids gotta learn his lesson. Dog said if he did visit him, he would end up breaking him out anyways. Have tough family, like Dog.
omg Clash_Master is back! Except with ! <3
Sorry your mom doesn't love you razor :(
I changed my name to just "Clash!" a while before I left. I was no longer a master apparently.
This isn't why I said that. But this:
Is what I'm saying. I mean, come on, 28 and your mom has to hire the lawyer? This was all your fault, I don't see why she should put in her money to get you a lawyer.
As far as never getting help from my family, they do suck hard but they would help if the need arises. I've only counted on them for two things in life: 1.) bail money that needed to be raised after a fight (cops never did anything so it was pointless yet they all did it) and 2.) When my parents fucked their taxes and I was left without State aid for college one year my mom gave me a few hundred so I wouldn't have to drop out.
Biff, I really don't have a problem with you but I hate when you try to judge me when you don't know me at all. Shit, even Dyne got the point and I've talked directly to him maybe twice.
What's the difference between you getting bail money and him getting a lawyer?
The bail money was mainly from my savings account. (This happened this past July so I had cash saved.)
In addition, I defy any TNL father to tell me they would send their kid to jail in lieu of rendering them assistance in dealing with the court system.
All of them would say they would help their kid.
Children rarely ever learn their lesson that way. My eldest uncle's oldest son was addicted to drug for years and he always bailed him out at the end. When he turned 30 my uncle turned 50 and realized the message was just not getting through so he let him sit in a jail in Puerto Rico for months. My cousin has been clean for about seven years now.
I'm a firm believer in tough love. I would love my kid and help him/her out once or twice, but if you're a repeat offender or did something incredibly stupid (like drunk driving) then good luck.
Maybe. In PA your DL has to be suspended for a minimum of 60+ days I believe before you can apply for a zoned restriction (which actually means you can drive anywhere in the zone at anytime). Most first time offenders don't qualify for it. A month to two month suspension isn't going to kill anybody unless their work depends on their ability to drive.