FACK, Spent the night in Jail on NYE
01-02-2009, 06:21 PM
#21
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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?
, btw did you ever put in the struts i gave you or are you still rolling around with that annoing noise?
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
01-02-2009, 07:21 PM
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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.
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.
01-02-2009, 08:35 PM
#25
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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.
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.
01-04-2009, 04:42 PM
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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.
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.
01-04-2009, 05:09 PM
#30
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.
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.
01-08-2009, 04:02 PM
#35
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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.
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.
01-09-2009, 10:59 PM
#38
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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
good luck, keep updating..subscribed
01-10-2009, 01:43 PM
#40
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.
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.
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.
