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Anonymous #1
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DUI with accident legal advice
#13223640 - 09/20/10 07:38 PM (13 years, 7 months ago) |
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So I went to see Inception at the local mall after downing I think like 3 mg of generic klonopin and drinking Jack Daniels and on the way home wrecked my scooter on a round-about and basically passed out and woke up in the hospital. The cops later came with a warrant to take blood from my body to test it and were pretty forceful in the way they presented it that I better to do it, so i did.
The next morning one cop came back and after the doctor cleared me to go put me in handcuffs and took me to the county jail.
They first charged me a class A misdemeanor but when I went to see the video conference tv with the judge he just lowered it to a class B and they took me back to my cell until a couple of days later when I saw the class B and below misdeamnor judge when I found out it was because nobody got hurt (besides me) and there was no property damage.
So after 15 days they released me OR and gave me a paper to show up in court on this certain date and when I did I wasn't on the list and they said the prosecuter hadn't recieved the blood test back yet and that it had been sent out of state.
So wouldn't every state have the means to do a simple test for drugs/alcohol in your blood? It was August 1st when I wrecked and they still don't have it back. The clerk at the courthouse said maybe it went to a class A but I hate not knowing what to expect besides having no license for 4 months, the fines, my scooter wrecked and going to state auction, and a reduced discount amount of 11,000 dollars which was originally 14,000 but beause I didn't have insurance they gave me the discount. One night at the hospital, that fucking amazes me.
I'm posting this anon. because I know people on this website rip on dui offenders and the consequences of my actions are enough that I can go without the "how fucking stupid" posts that I would expect from this. It was my first DUI, wondering if because I had the legally prescribed pharm also in me if that could make the charge worse but isn't DWI the same as DUI legally in most states? I have had some past public intoxes and a disorderly conduct on my record in the past two years but nothing major. So any insight on this would be welcomed.
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Maverick
Lover of Earwigs!




Registered: 12/18/05
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Re: DUI with accident legal advice [Re: Anonymous #1]
#13223864 - 09/20/10 08:24 PM (13 years, 7 months ago) |
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It's because you were in an accident or had a BAC above .16. The laws change if you go above .16 or are in an accident. At .08 I was watching people who had .16 and above get 3x the fines as me when I got my DUI.
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
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Re: DUI with accident legal advice [Re: Maverick]
#13223923 - 09/20/10 08:34 PM (13 years, 7 months ago) |
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Quote:
DRTMaverick said: It's because you were in an accident or had a BAC above .16. The laws change if you go above .16 or are in an accident. At .08 I was watching people who had .16 and above get 3x the fines as me when I got my DUI.
How can you know this without knowing what jurisdiction his accident was in? Your laws are not necessarily his laws.
> So any insight on this would be welcomed.
My limited experience has been that they tend to go a lot easier on you when you didn't cause any damage to anything other than yourself (or your own property) and you end up in the hospital with significant bills to pay.
-------------------- Just another spore in the wind.
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Maverick
Lover of Earwigs!




Registered: 12/18/05
Posts: 13,444
Loc: Valleys of Willamette
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Re: DUI with accident legal advice [Re: Seuss]
#13224161 - 09/20/10 09:12 PM (13 years, 7 months ago) |
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Quote:
Seuss said:
Quote:
DRTMaverick said: It's because you were in an accident or had a BAC above .16. The laws change if you go above .16 or are in an accident. At .08 I was watching people who had .16 and above get 3x the fines as me when I got my DUI.
How can you know this without knowing what jurisdiction his accident was in? Your laws are not necessarily his laws.
> So any insight on this would be welcomed.
My limited experience has been that they tend to go a lot easier on you when you didn't cause any damage to anything other than yourself (or your own property) and you end up in the hospital with significant bills to pay.
DUI laws tend to be on a federal level. It's kind of why my state can't have a 0.1 legal limit, as it's federally mandated to be at 0.08. Unless the state wants to lose funding. Upon that note, I'd imagine that the laws in each state are probably similar for accidents involving a higher BAC or property/physical harm caused from the intoxicated.
Also, I've talked to a lawyer before when I had my DUI.
Edited by DRTMaverick (09/20/10 09:14 PM)
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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Re: DUI with accident legal advice [Re: Maverick]
#13225594 - 09/21/10 04:42 AM (13 years, 7 months ago) |
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> Upon that note, I'd imagine that the laws in each state are probably similar
Based upon the various posts that I have seen here over the years, you would be incorrect.
-------------------- Just another spore in the wind.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: DUI with accident legal advice [Re: Seuss]
#13225650 - 09/21/10 05:38 AM (13 years, 7 months ago) |
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Quote:
Seuss said:
Quote:
DRTMaverick said: It's because you were in an accident or had a BAC above .16. The laws change if you go above .16 or are in an accident. At .08 I was watching people who had .16 and above get 3x the fines as me when I got my DUI.
How can you know this without knowing what jurisdiction his accident was in? Your laws are not necessarily his laws.
What's this "your laws" and "his laws" nonsense you speak of?
The poster clearly asked about "the law" and wants assistance with that!
So smarty pants, what's the law?
Quote:
DRTMaverick said:
DUI laws tend to be on a federal level.
Nope, criminal issues are state issues with the exception of token federal legislation passed when the next congressman exploits the latest moral panic and decides to "save the children",i.e. drugs, guns, porn, child molesting, et cet. These generally aren't encountered for most offenses, with guns being an exception more often.
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It's kind of why my state can't have a 0.1 legal limit, as it's federally mandated to be at 0.08. Unless the state wants to lose funding.
that funding is contingent upon a particular level defining impairment doesn't imply the specifics of the law or penalties are federally derived.
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Upon that note, I'd imagine that the laws in each state are probably similar for accidents involving a higher BAC or property/physical harm caused from the intoxicated
They vary widely, from life improsnment to minimal punishment
Drunk driving has been subject to moral panics for years, brought on by vindictive parents and MADD groups seeking blood, and is the subject of all sorts of punitive legislation having questionable relevance and effect on the actual practice of drunk driving
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Seuss said: > Upon that note, I'd imagine that the laws in each state are probably similar
Based upon the various posts that I have seen here over the years, you would be incorrect.
agreed
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Anonymous #1
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Re: DUI with accident legal advice [Re: johnm214]
#13226060 - 09/21/10 09:07 AM (13 years, 7 months ago) |
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Since I can't afford an attorney I'm just going to call the court clerk and see what she knows which is probably next to nothing. I guess you can't really know the details of what to expect and the options you have unless you have an attorney besides what little research you can do on the web.
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Maverick
Lover of Earwigs!




Registered: 12/18/05
Posts: 13,444
Loc: Valleys of Willamette
Last seen: 12 hours, 33 minutes
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Re: DUI with accident legal advice [Re: johnm214]
#13226069 - 09/21/10 09:09 AM (13 years, 7 months ago) |
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The laws are similar, how the judge decides to enforce them and what he decides to charge you with or add to the charges depends on the arrest as well.
Oh and you're right, with the first DUI at least, it's state legislated, however the government mandates the .08 minimum for BAC DUI, and almost all have a 90 day minimum suspension on your license. Some states impose a longer suspension. I think only two have a shorter sentence. Once you're past the first DUI though it's a felony and that takes it to a different level.
Oh also, apparently if you get a DUI on federal land (say in a national park or something) you go to federal court, and are not charged by state laws. I didn't know that till now...
Here's a good link http://www.ghsa.org/html/stateinfo/laws/impaired_laws.html
Edited by DRTMaverick (09/21/10 09:11 AM)
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
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Re: DUI with accident legal advice [Re: Maverick]
#13226247 - 09/21/10 09:55 AM (13 years, 7 months ago) |
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Here's a good link http://www.ghsa.org/html/stateinfo/laws/impaired_laws.html
Looking at your reference, which is decent, the limits and penalties vary greatly from state to state.
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Once you're past the first DUI though it's a felony and that takes it to a different level.
Again, you are assuming what is true in one state is true in all states. Also, a felony is not the same as a federal crime. (You didn't say they were the same, but I wanted to be clear.)
-------------------- Just another spore in the wind.
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Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,392
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Re: DUI with accident legal advice [Re: Maverick]
#13226556 - 09/21/10 11:12 AM (13 years, 7 months ago) |
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Quote:
DRTMaverick said: DUI laws tend to be on a federal level.
The opposite is true - The DUI laws in every state are different and the penalties and fine print vary widely.
My advice to the OP is to keep showing up to court and ask for it to be reduced to reckless driving. It might take several appearances for them to offer that.
You need to find out what the BAC you had was. If it is over the limit it is a real good idea to have it retested either by a private lab, or in many states you can ask the court to retest it. The results often vary by .02 or more.
It is good that you had a prescription for the kolonipin, hopefully that will keep them from giving you a DUI if you were under .08.
If you can not get the charges reduced to reckless driving you will just have to go through the system.
I am not sure that a lawyer could do much for your case that you can not do yourself. Keep asking for the reckless driving charge if your sample comes back .08 or more. If it comes back .07 or less ask them to dismiss it.
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Anonymous #2
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Quote:
Alan Rockefeller said:
Quote:
DRTMaverick said: DUI laws tend to be on a federal level.
The opposite is true - The DUI laws in every state are different and the penalties and fine print vary widely.
I am not sure that a lawyer could do much for your case that you can not do yourself. Keep asking for the reckless driving charge if your sample comes back .08 or more. If it comes back .07 or less ask them to dismiss it.
Very good advice.
But it is a disgustingly self-centered thing to drink and drive.
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Alan Rockefeller
Mycologist


Registered: 03/10/07
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Re: DUI with accident legal advice [Re: Anonymous #2]
#13228215 - 09/21/10 06:07 PM (13 years, 7 months ago) |
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Anonymous said: But it is a disgustingly self-centered thing to drink and drive.
That is true with a car but not nearly as true when you are on a scooter. I can see it being illegal to put other people at risk, but putting yourself at risk should not be a crime.
Some people drive much more safely after they smoke marijuana, should it be illegal for these people to drive without smoking first?
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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> but putting yourself at risk should not be a crime.
Except, now I have to pay for your medical bills, thanks to Obamacare, ...
> Some people drive much more safely after they smoke marijuana, should it be illegal for these people to drive without smoking first?
I've always argued that there needs to be some kind of "impairment test" that is given to a driver suspected of being impaired. Doesn't matter if the impairment is from lack of sleep, smoking cannabis, drinking alcohol, or taking prescription medications... they should all be treated the same. Film the test and let a jury decide. No more arbitrary meaningless numbers.
-------------------- Just another spore in the wind.
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Anonymous #1
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Re: DUI with accident legal advice [Re: Seuss]
#13229582 - 09/21/10 11:24 PM (13 years, 7 months ago) |
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I had no idea that if your blood alcohol level was higher then the penalties would be more severe. Now I'm getting kind of scared because I'm pretty sure I was over double the legal limit.
But of course I get the obligitory "it's self centered to drink and drive" shame on you post which is fine. I'm fucked and despite driving over the legal limit about 40 times before this with no consequences I will never do it again.
Thanks to everyone for the link and the constructive information. I called the clerk who just guessed mainly which I expected and said the prosecutor was probably preparing the case and other meaningless info which basically meant to wait and when we are ready we will contact you.
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: DUI with accident legal advice [Re: Maverick]
#13229957 - 09/22/10 02:38 AM (13 years, 7 months ago) |
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Quote:
DRTMaverick said:
Oh also, apparently if you get a DUI on federal land (say in a national park or something) you go to federal court, and are not charged by state laws. I didn't know that till now...
Just because the feds have jurisdiction to prosecute you doesn't mean the states don't also have jurisdiction. The state law also applies in federal land within the territorial jurisdiction of the state courts, such as a federal park.
Additionally, just because the federal government may be prosecuting you does not mean the criminal statute is federal. Many traditional crimes are not legislated federally (for now, till the jackasses in washington get done, that is) such as murder and such, and are prosecuted under state law in federal court should the feds bring charges.
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Anonymous #3
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Re: DUI with accident legal advice [Re: Anonymous #1]
#13233817 - 09/22/10 10:33 PM (13 years, 7 months ago) |
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Anonymous said: I had no idea that if your blood alcohol level was higher then the penalties would be more severe.
This must be the case with controlled substances as well because after my recent DUII arrest, I look through the jail listings and noticed that most DUII offenders were being charged $6500 when I was charged $10,000 for DUII:Controlled Substance. I blew 0.03.
I am also waiting on a drug test except that mine is urine. My test will be clean for sure.
At my last court appearance, my attorney asked to keep the diversion option open(it's only available after 30 days of original offer) until the drug test results were in and the judge made a statement about how my DUII charge was for a combination of alcohol and a controlled substance.
I am also being charged with Reckless Driving.
Just a heads up, the court will treat you as if you're guilty even if your innocent. They'll also walk all over you if you don't have an attorney/lawyer. Get some legal advice.
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Anonymous #1
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Re: DUI with accident legal advice [Re: Anonymous #3]
#13233877 - 09/22/10 10:47 PM (13 years, 7 months ago) |
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Was the controlled substance legal and prescribed or something like cocaine? I would think they would drop the reckless driving in a plea deal. I know it's always better to have a lawyer but if you can't afford it then no one is going to do this for free for you. I'd find it strangely amusing to have a 11,000 dollar hospital bill and then get a fine simular to yours for 10,000. What can you take from someone who has next to nothing? Don't know what country your from but America's health and legal system is extreemly screwed up to me. But this is almost all guesswork until I finally get to see the judge which will be a relief. Being in jail it's the not knowing what you have to deal with (more jail time, fines, programs, etc.) that drove me crazy and still does to a degree but at least I'm not staring at a wall for 12 hours a day to think about it anymore.
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Anonymous #3
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Re: DUI with accident legal advice [Re: Anonymous #1]
#13234008 - 09/22/10 11:20 PM (13 years, 7 months ago) |
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I was not on a controlled substance, my drug test will be clean. The police thought I was on drugs. The police are incompetent.
The D.A. offered to drop the Reckless Driving charge if I entered the diversion program but my attorney said not to because I'll have a clean drug test and I blew 0.03. He said they'll probley dismiss the DUII. They should, I'm innocent.
I'm in the USA as well and I know that medical bills are a lot if you don't have insurance. The legal system is a parasidic way for the state to make money. What can they take? Your freedom....at the expense of the tax-payers.
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Anonymous #2
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Quote:
Alan Rockefeller said:
Quote:
Anonymous said: But it is a disgustingly self-centered thing to drink and drive.
That is true with a car but not nearly as true when you are on a scooter. I can see it being illegal to put other people at risk, but putting yourself at risk should not be a crime.
Statement retracted, my moral stance stems from putting others at risk. It didn't register he was driving a scooter.
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luvdemshrooms
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Registered: 11/29/01
Posts: 34,247
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Quote:
Alan Rockefeller said:
Quote:
Anonymous said: But it is a disgustingly self-centered thing to drink and drive.
That is true with a car but not nearly as true when you are on a scooter. I can see it being illegal to put other people at risk, but putting yourself at risk should not be a crime.
So when he hits an old lady or some little kid, and kills or cripples them, it's OK because it was a scooter?
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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