Perhaps the lost sleep will suggest a "solution" if the prior criminal penalties did not?????
So, my bff got a dui last December. She's done all the classes, her MADD thingy, paid her money and just had to lay low for 3 yrs. till her probation ended.
However, Thurs. night, she had one drink and waited a few hrs. and then drove. She blew a .02 when the pigs pulled her over for a "wide turn." (The next girl they pulled over was for not signalling 180 ft. before the corner.) The pigs were on a mission and making their quotas.
She's called her lawyer, who says to call him next week. Since we're both going crazy trying to figure out her odds here, anyone have any info? (this is in CA by the way...)
The lawyer initially said not to worry, she's a good girl with only the DUI on her record, so she'll most likely get either additional classes or more time on her probation.
HOWEVER, my mom n her mom both say she could go to jail for 6 mos. and she could lose her license for a year.
ANYONE ABLE TO CLEAR UP SOME CONFUSION????
XoXo, Katie.
the local judge(s); she should find an attorney (usually an ex-assistant DA with friendships with folks at his former employer) in that county/city and discuss with him.
A word to the wise, if perchance you do get pulled, and you've had 1 or 2, initially refuse to take the breathanalyzer - they will take you down to the station and give you a second chance before the penalties for refusal are applied, so you consent on the second chance....hopefully in the intervening time (usually 60-90 minutes) your body has metabolized more (if not all) the alcohol in your system so you are clean (it may cost you several hours, but its better than a second DUI)
Isn't .02 way below the presumed level of intoxication (.07 now in most states?) and if so, why is that a crime?
Is it because when you are on probation any driving with any amount of alcohol is an offense?
(still not a lawyer)
One thing that few people realize is that the law in many states reduces the level of prima facie intoxication for motor vehicle operation by drivers convicted of a DUI. This is usually associated with the probationary period under which the convicted driver gets their license back, and can last for several years after the conviction. Levels like .02 or .03 are not uncommon. Basically this means unless you are a very large person (weight in excess of 225 lbs) one drink will put you close to or over the limit.
There is no scientific basis for this. It is purely punitive. Part of "getting tough on drunk drivers". Ever wonder why 25%-30% of first time offenders catch a second offense in the first year?
If the law on a first offense is overly tough, the law on getting a second DUI during probation is purely draconian. After all as a repeat offender you must be a terrible threat to the public. Right?
I am not a lawyer, nor do I play one on TV but you can find most of this online at your various state web site.
-J
She told me that her lawyer's good and looks like if anything, she's looking at additional classes I guess. I guess they charged her with a probation violation, not a 2nd dui. Her lawyer was mainly concerned about keeping her out of jail, I guess, which is a good thing because if it's anything like tv, she'll never last a second.
Thanks for setting my mind at ease.
Katie
that sounds good. just curious, does she get to keep her license? be careful out there!
Perhaps the lost sleep will suggest a "solution" if the prior criminal penalties did not?????
.02 is so low. In theory it becomes possible to be a violation because section 23153 makes it an offense to drive under the influence without regard to the amount. However, they would have to improve she is actually impaired - slurred speech, wobbly, etc.
.08 is illegal even if you are not "drunk." That was passed so at a certain level, the prosecution doesn't have to improve impaired.
In theory, she "could" get that much time, but it is very unlikely. If there is a "no drinking" clause in her probation it is a little more serious. A severe warning is more likely.
The odds are no actual time. If she gets any, it depends on the county how much she will serve. LA she will check in and out.
Simple Advice. Move
The simple advice "move" is about the worst advise possible. Those cases stay in the system forever. It used to be that a parking ticket could not go anywhere from a few dollars. Then they pass laws that you can't register your car if it has a ticket. With no registration, cops can see there is no sticker and they can stop you.
As computers get more advanced and networks grow, the information will cross state lines. As states need more money they will work with other states.
I know of lots of people who ignored cases and 5 or 10 years later they were caught and had to deal with the case that became a nightmare because they skipped out. They have the original case, a bail violation, a judge not inclined to grant bail again, since the person skipped once.
Unless the move is to Mongolia, and you never plan on coming back, bit the bullet. It shouldn't be that bad now.
From what she's told me, she's waiting on a court date, but her lawyer sounds confident. I have no idea what she'll face (not a lawyer) but I think she's under the impression that it'll be a slap on the wrist to the tune of extra classes or something. I have no idea. She's my best friend... don't want to see her suffer for a stupid mistake, obviously, although it is technically due to her poor decision making process.
Katie
Recommend to all: www.duiprocess.com. It's an association of people with expertise in the now highly polititized DUI situation. Much good advice there as to how to deal with the whole process--SR22's & such. $9.95/mo. Quit anytime.
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