Notices
Southern California San Diego, Los Angeles, Orange County, Inland Empire, etc.

FACK, Spent the night in Jail on NYE

Thread Tools
 
Search this Thread
 
Old Jan 2, 2009 | 06:21 PM
  #21  
pacheco310's Avatar
pacheco310
Registered User
iTrader: (22)
 
Joined: Apr 2008
Posts: 355
Likes: 0
From: Socal
Default

damn it seems like dui's are the things to do now. everyone i know has a dui. m6sxtz almot 1000 posts , btw did you ever put in the struts i gave you or are you still rolling around with that annoing noise?
Reply
Old Jan 2, 2009 | 06:30 PM
  #22  
M6SXTZ's Avatar
M6SXTZ
Banned
iTrader: (4)
 
Joined: Oct 2007
Posts: 3,156
Likes: 2
From: out n about
Default

Originally Posted by pacheco310
damn it seems like dui's are the things to do now. everyone i know has a dui. m6sxtz almot 1000 posts , btw did you ever put in the struts i gave you or are you still rolling around with that annoing noise?
yea i trying to bust 1000 for the new year still got the annoying sound brotha hahaha...looking around for springs right now and im gonna change everything out at the same time so soon i think
Reply
Old Jan 2, 2009 | 06:32 PM
  #23  
M6SXTZ's Avatar
M6SXTZ
Banned
iTrader: (4)
 
Joined: Oct 2007
Posts: 3,156
Likes: 2
From: out n about
Default

O shi!t.... this is 1002!!! (fireworks go off in the background)
Reply
Old Jan 2, 2009 | 07:21 PM
  #24  
Me350Z's Avatar
Me350Z
Thread Starter
Registered User
 
Joined: Jul 2004
Posts: 129
Likes: 0
From: Costa Mesa, CA
Default

Originally Posted by Sensi09
Hmm, if a glass and half of wine is really all that you drank, you should have been fine and just taken the field breathlyzer.

Since you blew a .04 at the station, you should be able to get off the DUI charge without too much hassle, but the reckless driving charge will need more effort. No reason that they would just drop that charge.

Yeah, if I knew I was below .04 I definitely would take the field breathalizer. Never been pull over for a DUI. Come on, who really knows what equates to a .08 when you drank. I got nervous and for that, made the wrong decision to decline the breathalizer.

As for the reckless driving, my recollection was inappropriate lane changes.
Reply
Old Jan 2, 2009 | 08:35 PM
  #25  
Sensi09's Avatar
Sensi09
Sponsor
Works Concepts
 
Joined: Jul 2006
Posts: 3,029
Likes: 1
From: So Cal
Default

Well you can get a rough estimate of your BAC based your weight and number of drinks. There's plenty of graphs and tables with a quick search. A google search will also give you lots of info on your predicament.

Basically a drink and half is nothing and a petite female would most likely have been under the legal limit.

An abrupt lane change I believe is one of the main things they look for when pulling someone over.
Reply
Old Jan 2, 2009 | 08:45 PM
  #26  
Waiz's Avatar
Waiz
Premier Member
Premier Member
iTrader: (57)
 
Joined: Feb 2008
Posts: 18,465
Likes: 10
From: SoCal
Default

Don't beat yourself up about this.

Lawyer up and let this be a lesson to take a cab or crash out at a friends pad next time.

Good luck, and please keep us updated.
Reply
Old Jan 3, 2009 | 04:48 PM
  #27  
Zincognito's Avatar
Zincognito
Registered User
iTrader: (2)
 
Joined: Jan 2006
Posts: 3,793
Likes: 0
From: SoCal
Default

interesting.....subscribing too
Reply
Old Jan 4, 2009 | 04:42 PM
  #28  
Me350Z's Avatar
Me350Z
Thread Starter
Registered User
 
Joined: Jul 2004
Posts: 129
Likes: 0
From: Costa Mesa, CA
Default

Thanks to those for your kind words and warm wishes. I can't say the same for other forums where I have been gotten flamed for the DUI. I will definitely keep you posted as the result of my case. My intentions are never to harm others or myself while driving. As I said, it was a mistake and I am learning as I progress.

Correct: If you do drink have a DD or take a cab, regardless of the consumption of alcoholic beverage. The bottom is not intended for those who want to drink excessively and drive but if you are caught in the same situation here is what I've learned thus far:

1. In CA. take the field breathalizer. Denail will result in automatic arrest and charge based on obstruction of charges. Even if you are over .08 you will have to take the breathalizer at the station again. From my research, field breathalizer cannot be admissiable in court due to non-accuracy.
2. Police will confiscate your Driver's license and issue you a temp. 30 day pass.
After DUI citation you have 10 days to call the DMV to have an administrative hearing to see if they will suspend your license or not. You will have to plea your case to the DMV. This is separate than going to court for the DUI. If you forget to call automatic suspension for 1 year.
3. You will have to show up to court on your court date to plea guilty or not guilty. Then you will have to justify your reason of non impairment in driving if you plea not guilty at a future hearing date.

*Hope this helps educate the forum, however I am not sure of the accuracy of the statements above since I am not an officer, judge, or lawyer. Use at your own discretion. I am a regular citizen going through the system.
Reply
Old Jan 4, 2009 | 04:55 PM
  #29  
Hraesvelg's Avatar
Hraesvelg
Got Uranium?
Premier Member
iTrader: (1)
 
Joined: Apr 2003
Posts: 35,723
Likes: 6
From: The Recliner of Rage
Default

So the moral of the story is always blow when asked?
Reply
Old Jan 4, 2009 | 05:09 PM
  #30  
m0nkie's Avatar
m0nkie
Registered User
iTrader: (3)
 
Joined: Feb 2005
Posts: 9,674
Likes: 1
From: Los Angeles
Default

Originally Posted by Me350Z
Thanks to those for your kind words and warm wishes. I can't say the same for other forums where I have been gotten flamed for the DUI. I will definitely keep you posted as the result of my case. My intentions are never to harm others or myself while driving. As I said, it was a mistake and I am learning as I progress.

Correct: If you do drink have a DD or take a cab, regardless of the consumption of alcoholic beverage. The bottom is not intended for those who want to drink excessively and drive but if you are caught in the same situation here is what I've learned thus far:

1. In CA. take the field breathalizer. Denail will result in automatic arrest and charge based on obstruction of charges. Even if you are over .08 you will have to take the breathalizer at the station again. From my research, field breathalizer cannot be admissiable in court due to non-accuracy.
2. Police will confiscate your Driver's license and issue you a temp. 30 day pass.
After DUI citation you have 10 days to call the DMV to have an administrative hearing to see if they will suspend your license or not. You will have to plea your case to the DMV. This is separate than going to court for the DUI. If you forget to call automatic suspension for 1 year.
3. You will have to show up to court on your court date to plea guilty or not guilty. Then you will have to justify your reason of non impairment in driving if you plea not guilty at a future hearing date.

*Hope this helps educate the forum, however I am not sure of the accuracy of the statements above since I am not an officer, judge, or lawyer. Use at your own discretion. I am a regular citizen going through the system.
2) FIND THE ATTORNEY before you make that call to DMV. The attorneys can at least pull out the report and read it with you... then try to come up with the "best" sentence to say while on the phone. And the attorney will do majority of the debating... you just say yes yes yes yes bla bla bla...
Reply
Old Jan 4, 2009 | 05:19 PM
  #31  
blasian's Avatar
blasian
New Member
iTrader: (29)
 
Joined: Apr 2005
Posts: 33,731
Likes: 1
From: Get out my way pimpin, LA
Default

Originally Posted by Hraesvelg
So the moral of the story is always blow when asked?
Think it will work for girls?
Reply
Old Jan 4, 2009 | 05:24 PM
  #32  
carfi179's Avatar
carfi179
Registered User
iTrader: (11)
 
Joined: Dec 2006
Posts: 1,793
Likes: 0
From: SO. CAL.
Default

Originally Posted by Hraesvelg
So the moral of the story is always blow when asked?
Reply
Old Jan 4, 2009 | 05:33 PM
  #33  
surfcity40's Avatar
surfcity40
New Member
 
Joined: Oct 2006
Posts: 12,329
Likes: 5
From: SoCal
Default

plead wreckless.
Reply
Old Jan 6, 2009 | 12:50 PM
  #34  
M6SXTZ's Avatar
M6SXTZ
Banned
iTrader: (4)
 
Joined: Oct 2007
Posts: 3,156
Likes: 2
From: out n about
Default

soooooo.... no luls i take it....(?)
Reply
Old Jan 8, 2009 | 04:02 PM
  #35  
Me350Z's Avatar
Me350Z
Thread Starter
Registered User
 
Joined: Jul 2004
Posts: 129
Likes: 0
From: Costa Mesa, CA
Default New Update

Because my BAC was under .08, the DMV automatically "sets aside" my case and my license will be reissued. My license will not get suspended at this time and all I have to do is go to the DMV. However, this is separate from my court case. I can still get convicted of DUI and still get my license suspended by the court.

The DMV and court are separate systems. I am cleared with the DMV for now and my court case is pending. FACK!

Will update in 2 months.
Reply
Old Jan 8, 2009 | 06:02 PM
  #36  
m0nkie's Avatar
m0nkie
Registered User
iTrader: (3)
 
Joined: Feb 2005
Posts: 9,674
Likes: 1
From: Los Angeles
Default

You got the sweeter deal! I was dropped from Court but convicted by the DMV..

worst for you is a DUI record and 3000$ gone, I got my 10 year insurance record...
Reply
Old Jan 9, 2009 | 11:17 AM
  #37  
Zincognito's Avatar
Zincognito
Registered User
iTrader: (2)
 
Joined: Jan 2006
Posts: 3,793
Likes: 0
From: SoCal
Default

Originally Posted by m0nkie
You got the sweeter deal! I was dropped from Court but convicted by the DMV..

worst for you is a DUI record and 3000$ gone, I got my 10 year insurance record...
Ouch bro........talk about getting shafted!

OP: hope it works out for you. Keep us posted
Reply
Old Jan 9, 2009 | 10:59 PM
  #38  
VolkZ's Avatar
VolkZ
Registered User
iTrader: (2)
 
Joined: Aug 2008
Posts: 190
Likes: 0
From: oc
Default

if you passed all the physical field sobriety test they shouldn't be able to send to to jail if u take a breathalyzer, according to my driver's ed teacher, if u use mouth wash it'll show up on the breathalyzer.

good luck, keep updating..subscribed
Reply
Old Jan 10, 2009 | 12:38 PM
  #39  
m0nkie's Avatar
m0nkie
Registered User
iTrader: (3)
 
Joined: Feb 2005
Posts: 9,674
Likes: 1
From: Los Angeles
Default

Originally Posted by VolkZ
if you passed all the physical field sobriety test they shouldn't be able to send to to jail if u take a breathalyzer, according to my driver's ed teacher, if u use mouth wash it'll show up on the breathalyzer.

good luck, keep updating..subscribed
You take any cold medicine and it can show up on the breathalyzer.. that thing is **** status... but it won't be over 0.08

OP should have taken it, but I guess he freaked out a little at that time..
Reply
Old Jan 10, 2009 | 01:43 PM
  #40  
surfcity40's Avatar
surfcity40
New Member
 
Joined: Oct 2006
Posts: 12,329
Likes: 5
From: SoCal
Default

Originally Posted by Me350Z
Because my BAC was under .08, the DMV automatically "sets aside" my case and my license will be reissued. My license will not get suspended at this time and all I have to do is go to the DMV. However, this is separate from my court case. I can still get convicted of DUI and still get my license suspended by the court.

The DMV and court are separate systems. I am cleared with the DMV for now and my court case is pending. FACK!

Will update in 2 months.
You'll be fine. Even though .08 is the "legal limit" for a prima fascia case of DUI, people can also be convicted for being under the influence even if they are below that threshhold if they demonstrate symptoms that lead an officer to believe they are "impaired".

But it is a case that even a first year attorney (or similarly, a public defender) could argue. Heck, you could argue that case....You should be okay.

you could plead wreckless and have no alcohol related charge...just a point kind of charge and do traffic school. I bet the DDA would take that plea.
Reply



All times are GMT -8. The time now is 10:31 AM.