Bogus DWI???

[sbro712]

Big words. We have a lot of cops like you around here... Tough, macho, big men who have a badge and have all the power. Take it easy man, we all understand the anger you have, even me. Nobody is telling you how to do your job. Just relax.

And we have more than our share of people like you running around....drinking, driving and getting into wrecks. Unfortunately, when the drunk hits someone else it is usually the innocent victim who dies and not the drunk.

 

[mswaim]

Big words. We have a lot of cops like you around here... Tough, macho, big men who have a badge and have all the power. Take it easy man, we all understand the anger you have, even me. Nobody is telling you how to do your job. Just relax.

In reality we are not the ones with the power - you are. You have the power of free-choice, to choose to follow the rules and not drink and drive. If you fail to exercise your right to choose (or make a poor choice) don't begrudge us for doing our jobs.

Just think, if you choose correctly, you could rob us of our power!!!!!

 

[02gsxr600]

Actually this is a bogus charge! Being a minor (under 21) you can actually get 2 different charges. In just about all 50 states (excluding a few) there are multiple offenses for people under 21. It is up to the officer which ones he wants to charge you with. If you are under the legal drinking age and blow something on a PBT, but you are still under the legal limit they will give you either an underage alchohol posession/consumption ticket or an absolute sobriety.

Now, whether you are over 21 or under 21 it does not matter... you can get a DUI/DWI/OWI (up to the officer) ONLY IF you blow OVER the legal limit! Even if you are under 21, a DWI is a criminal charge that states you were driving and under the influence over the legal limit.

However, because you are under 21 they can give you up to 3 different tickets for the same thing (if you are over the limit). They can give you the DWI, absolute sobriety, possesion/consumption. Since you were not over the legal limit you should have only gotten the absolute sobriety and maybe underage consumption. Either way, the absolute sobriety charge has the same penalties (loss of license for 6 mo, ~$1400 fine, up to 30 days in jail) but it won't stick as a 1st DWI on your record. That way if you get pulled over down the road for a 2nd violation - it won't count as your 2nd! Just about all states have MANDITORY jail time for a 2nd violation so it is important you get this taken care of!!

Hire a good lawyer and I will bet you they drop it to a lesser charge (like reckless or Absolute Sobr.) in the plea bargain. It's really important for your record, and for your insurance that you do something about it!

 

[Lawman85]

He was over the legal limit. There is a limit if you are over 21 and a different limit if you are under 21.

 

[FordSVTFan]

Actually this is a bogus charge! Being a minor (under 21) you can actually get 2 different charges. In just about all 50 states (excluding a few) there are multiple offenses for people under 21. It is up to the officer which ones he wants to charge you with. If you are under the legal drinking age and blow something on a PBT, but you are still under the legal limit they will give you either an underage alchohol posession/consumption ticket or an absolute sobriety.

Now, whether you are over 21 or under 21 it does not matter... you can get a DUI/DWI/OWI (up to the officer) ONLY IF you blow OVER the legal limit! Even if you are under 21, a DWI is a criminal charge that states you were driving and under the influence over the legal limit.

However, because you are under 21 they can give you up to 3 different tickets for the same thing (if you are over the limit). They can give you the DWI, absolute sobriety, possesion/consumption. Since you were not over the legal limit you should have only gotten the absolute sobriety and maybe underage consumption. Either way, the absolute sobriety charge has the same penalties (loss of license for 6 mo, ~$1400 fine, up to 30 days in jail) but it won't stick as a 1st DWI on your record. That way if you get pulled over down the road for a 2nd violation - it won't count as your 2nd! Just about all states have MANDITORY jail time for a 2nd violation so it is important you get this taken care of!!

Hire a good lawyer and I will bet you they drop it to a lesser charge (like reckless or Absolute Sobr.) in the plea bargain. It's really important for your record, and for your insurance that you do something about it!

You are incorrect! As Lawman pointed out perfectly, there is a law in that state that says if you are under 21 and have a B.A.C. of more than .02 you are legally drunk and are guilty of driving under the influence.

From your writing I dont think you are a lawyer and I doubt you are a L.E.O., so is your knowledge just first hand experience?

 

[mswaim]

It is also incorrect to say: "you can get a DUI/DWI/OWI (up to the officer) ONLY IF you blow OVER the legal limit! Even if you are under 21, a DWI is a criminal charge that states you were driving and under the influence over the legal limit."

Our basic DUI charge is divided into two parts. Part one states you are legally DUI at .08 the second part and filed as a seperate charge is being DUI with a BAC ABOVE .08

At the scene of a collision you can be charged with DUI even if your BAC is only .06 when our legal limit is .08 since the presumptive limit is always lower. It is your job to prove that your alcohol consumption was not a contributing factor to the accident. In fact, if physical evidence and witness statements place you behind the wheel the officer does not have to witness you driving, you can still be charged for DUI.

In California minors are legally DUI at .05

Also we have a new admonishment being delivered by trial judges. It states that if you are involved in a DUI accident with injuries, and you are ever charged with similar curcumstances where a death occurs, you will be charged with first degree murder, not vehiclular homicide. The difference is life in prison without parole vs 1-3 years or even formal probation in some vehicular homicide cases.

Bottom line :idea: Don't drink and drive................

 

[ChuckV]

Based on what I've seen first hand, he'll have a hard time getting it thrown out given he wrecked.

In NJ, they will sometimes drop it to a "baby dwi" if you're below the legal limit for a 21 year old, but still have alcohol in your system. However, if it is believed that your consumption is a contributing factor to something more serious such as a wreck, it's unlikely that the prosecutor will voluntarily drop the DWI charge to something less serious.

Not a LEO, just based on what I've seen ;-)

 

[slingshot]

sorry old post

 

[kennecobra04]

In a related post in the pub, I wrecked my Cobra last night. The officer subjected me to a breath test. I blew a .06, which is .02 below the legal limit. However, they are telling me that because I am 19 the legal limit is .02 so I am being charged with a DWI? Is this a bogus charge? What do I do?

19, drinks and drives, wrecks Cobra, wonders why he's charged with DWI. We got a real winner here. Anyone who said to leave this guy alone is a moron, plain and simple. I love seeing morons arguing with LEO's about laws. They are LAW officers. I'd like to knock some sense into drunk drivers on the side of the road, but I have the sense to just report them on my cell instead. I'm responsible for at least 10 or so getting busted. They always seem to pull out right in front of me. If you drink, keep off the roads, there are people on the road trying to get home safe. I'm glad you were caught, and I hope you learned your lesson.

 

[charles6]

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[charles6]

And we have more than our share of people like you running around....drinking, driving and getting into wrecks. Unfortunately, when the drunk hits someone else it is usually the innocent victim who dies and not the drunk.

I am 19 and I'm not going to say never, but I haven't drove w/more than 1 beer in me, and I don't drink anymore....the way you guys are coming across (LEO's) is very negative. I agree 100% with what you guys are saying, but the way you say it is why some members of the board that you think "are drunks that drink and drive everyday of the week, and could kill innocent people", just because they are just trying to show the kid a little posativity or sympathy....they aren't saying it's "cool" to go drink a case and then drive, they're just trying to help the kid out. I'm sure he is getting hammered by 1. his parents 2. his friends 3.LEO's in his area 4. all other family members 5. people of his community, and he doesn't need anyone else saying how stupid he was for drinking 3beers and then driving. Give the kid a break...everyone has messed up before and if you haven't you will...... I'll put my 97 f150 on it lol.

If you drink keep it off the roads.....hhhmmm most cities have these things called "bars" where people drive to .....and drink 99% of the time....and then they drive home....it's the law that maybe we should concentrate more on cleaning in up internally than trying to catch all of the people who are leaving...hell I got an idea....go and wait for each person to leave a bar...call there tags in and I bet 80% of those people will get a dui. It's not just the people at fault here it's the govt. allowing it to happen. just my .02

 

[TJSwoboda]

Im willing to bet my Cobra on the fact that everyone in here has driven after having a few beers.

Chiming in my timeshare in the Terminator that used to be yours... :burnout:

--T.J.

 

[Lawman85]

I am 19 and I'm not going to say never, but I haven't drove w/more than 1 beer in me, and I don't drink anymore....the way you guys are coming across (LEO's) is very negative. I agree 100% with what you guys are saying, but the way you say it is why some members of the board that you think "are drunks that drink and drive everyday of the week, and could kill innocent people", just because they are just trying to show the kid a little posativity or sympathy....they aren't saying it's "cool" to go drink a case and then drive, they're just trying to help the kid out. I'm sure he is getting hammered by 1. his parents 2. his friends 3.LEO's in his area 4. all other family members 5. people of his community, and he doesn't need anyone else saying how stupid he was for drinking 3beers and then driving. Give the kid a break...everyone has messed up before and if you haven't you will...... I'll put my 97 f150 on it lol.

If you drink keep it off the roads.....hhhmmm most cities have these things called "bars" where people drive to .....and drink 99% of the time....and then they drive home....it's the law that maybe we should concentrate more on cleaning in up internally than trying to catch all of the people who are leaving...hell I got an idea....go and wait for each person to leave a bar...call there tags in and I bet 80% of those people will get a dui. It's not just the people at fault here it's the govt. allowing it to happen. just my .02

I can't believe I wasted 15 secs of my life reading that mindless dribble. #1. He deserves to get hammered by everyone you mentioned. #2. It isn't the government's fault that people drink and drive. Human beings have a thing called "free will" which allows them to choose... As you grow up your outlook (and spelling) will change... hopefully for the better.

 

[charles6]

I see....so my thoughts to an obvious "grown up" person is mindless dribble....and you wonder why kids nowadays have no respect for u "grown ups". Yes human beings have free will, but it's kinda contradicting itself when the government allows bars, but they don't want anyone driving after 3 beers.....c what I'm saying? or is my misspelled mindless dribble a little out of your league? Oh and I agree he deserves to get hammered by everyone I mentioned, but he doesn't deserve to get hammered by you constantly. And you have a problem with people who oppose your thoughts... the law isn't always right. In this case it is. I really don't want to argue with a person like yourself who has never screwed up and is always right... nothing and no one is perfect give him and myself (lol) a break.

-Brad

 

[FordSVTFan]

I see....so my thoughts to an obvious "grown up" person is mindless dribble....and you wonder why kids nowadays have no respect for u "grown ups".

I dont wonder why kids have no respect for authority or adults. I blame your parents. They did a shitty job raising you!

Yes human beings have free will, but it's kinda contradicting itself when the government allows bars, but they don't want anyone driving after 3 beers.....c what I'm saying?

You just proved you are mindless. It isnt contradicting itself that the government allows bars while asking the same people to use common sense and not drink while impaired. One beer will start to slow a persons reaction time. The government allows bars to exist because this is a democracy and prohibition was repealed. A human being's free will is their for them to decide for themselves whether they should drink, then drive or not drink at all or drink and not drink or any combination there of. "C what I'm saying" :shrug:

or is my misspelled mindless dribble a little out of your league

Your grammar and spelling is terrible, that is agreed.

Oh and I agree he deserves to get hammered by everyone I mentioned, but he doesn't deserve to get hammered by you constantly. And you have a problem with people who oppose your thoughts... the law isn't always right. In this case it is. I really don't want to argue with a person like yourself who has never screwed up and is always right... nothing and no one is perfect give him and myself (lol) a break.

-Brad

He gets no breaks when he decides to risk my life and my family's life by driving while impaired. He made a conscious decision to do so, but he never gave the other drivers the heads up, so they could make an informed decision. So he gets no breaks.

You get stuck with your mindless life.