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Question about a friends "DUI"
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  (#1)
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Question about a friends "DUI" - May 30, 2007, 09:27 AM

So my friend went camping with her boyfriend and his friends... long story short her boyfriend got a DUI...BUT she says that the Cop was almost going to give him a ticket for "driving a motor vehicle after drinking" but because he got smart with the cop he gave him a DUI.

I dont really buy into that, so I wanted to check and see if that was actually a valid ticket (driving a motor vehicle after drinking)

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May 30, 2007, 09:48 AM

Not a valid ticket imo......either you get cited for DUI or in most cases a reckless driving ticket.

Doesnt sound right too me.....


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  (#3)
Nothing here
 
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May 30, 2007, 09:50 AM

It's hogwash. The LEO was just messin with him to make him feel worse than he already should.
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May 30, 2007, 09:54 AM

nope. you either get charged with the dui or you get cited to an open container of alcohol which can be a ticket depending on the jurisdiction.
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May 30, 2007, 10:07 AM

I haven't heard of the "driving a motor vehicle after drinking" (I know of DUI and DWI) - you friend's b/f wouldn't be UNDER 21 would he?? I know that some places have charges for those who are under age...

The big question to the DUI charge will be how he was charged with DUI - breathalizer - they don't always give accurate readings. Either way he should get a lawyer... If the person wasn't weaving, wasn't acting erractly, wasn't speeding, and obeyed all traffic devices, I believe you can dispute the reason that the officer pulled you over.


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May 30, 2007, 10:34 AM

OK heres "their story"
Camping in NC. You can drive on the beach...speed limit its 25mph. They start the day off by one of the passengers getting a ticket for an open container.
On the way back to the campsite that evening they passed a camp groud maint. vehicle. They claim to only be doing 25-30, but the maint guy called the park ranger or cop which ever and said they were speeding.
The cop shows up at the camp site as they were at this point unpacking the trucks...Cop asks who the owners of the trucks were...so the three guys go over to talk to the cop. They said they werent speeding...when they were asked if they had been drinking they said yes earlier we had a few while on the beach (aparently you can down there). They do some field tests along with the breathalizer...All three guys blow a .11 so the cop says if in 5 min you can blow a .08 I'll let you go with a speeding ticket. Two guys were able to blow a .08, but my friends bf still blew a .11
Thats when the whole ticket for "driving a motor vehicle after drinking" thing was mentioned. Well then he became a smart ass and said..."well how do you know I was even driving? I just said it was my truck."
Cuffs went on and he was charged with a DUI.

Still doesnt add up to me.


"Well behaved women seldom make history"~~Laurel Thatcher Ulrich
"Damn white girls throwin' gang signs!"
Gangsta= High-siding on a 50cc!!
Also, if you take your jacket off and the women are all smiles, then you take your helmet off and 99% of the women look disappointed, please put your helmet back on. kthxbai.-Bexxx
I.L.M~Eric "The Irish Guy"
Go n-eírí an bóthar leat.

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May 30, 2007, 10:40 AM

If the cop didn't witness him driving, doesn't sound like it'll hold up in court. He definitely needs an attorney.. sounds like some bullshit to me.


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May 30, 2007, 10:42 AM

DUI - Driving Under the Influence
DWI - Driving While Intoxicated

They're different.

DUI is a Class C Misdameanor
DWI is a Class B Misdameanor

The ticket the officer was probably talking about is a DWAI or Driving While Ability Imapired. It's a lesser offense to both the DUI and DWI.

DWAI - A person is guilty of DWAI when he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired, but his or her blood alcohol level (BAC) is below the legal limit for the state.


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  (#9)
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May 30, 2007, 10:52 AM

Yao is right, there is a charge for "driving while impaired" that is less serious than DWI (no DUI's in VA BTW). I'd assume this is NC's version. I belive its about as serious as a reckless driving charge.


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May 30, 2007, 12:09 PM

Uhm if the officer has no way of knowing who was actually driving this seems like a very easy case for the defense.

Besides the fact the cop didn't actually witness anything himself.

Get a lawyer and go to court - of course, paying the lawyer means you're still actually being penalized. I farking hate our system.


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May 30, 2007, 12:11 PM

in MD... .08 or higher is DUI... .04-.07 is DWI....

I can't speak for NC - other than I know they have some tough laws on the books (you see and hear all kinds of stuff on it when you go there, I go 2-3 times a year ... I suspect if they let the others go at .08 - that's the limit where their charges begin, but I bet there isn't allot of tolerance.. I would get a lawyer...


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May 30, 2007, 12:24 PM

I would say if the LEO didnt actually witness the offense in question then its an easily argued case. Were the keys in the ignition while they were unpacking and when the LEO approached them? If not then nobody was operating the vehicle right? So how could he get charged with a DUI? Also, if three of them blew a .11 and FIVE MINUTES LATER two of them blew under a .08 while one still blew a .11 I think a lawyer could argue the validity of the field test. I am by no means an expert on any of this, but I dont think its possible for your BAC to go from a .11 to a .08 in a matter of 5 mins.


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May 30, 2007, 01:29 PM

Quote:
Originally Posted by JTG40cal
I would say if the LEO didnt actually witness the offense in question then its an easily argued case. Were the keys in the ignition while they were unpacking and when the LEO approached them? If not then nobody was operating the vehicle right? So how could he get charged with a DUI? Also, if three of them blew a .11 and FIVE MINUTES LATER two of them blew under a .08 while one still blew a .11 I think a lawyer could argue the validity of the field test. I am by no means an expert on any of this, but I dont think its possible for your BAC to go from a .11 to a .08 in a matter of 5 mins.
hmmmm... While there is validity to you arguement about the variance between the two... Doesn't it serve to strengthen the case against the person who blew .11 twice in a row... I mean - you got 3 people - and two got difference - one was the same.. That would lead me to think THAT person had slightly more to drink....

Also - if there are 3 vehicles - 3 people driving - it's a logical conclusion that it was drivers who came over - while you can't PROVE it.. I will bet a chipolte burrito that a judge will side with the cop in THAT arguement... If the cop was easy going and gave everone a chance to blow lower - there might have been a chance that he would have let him go if someone else drove, but if there were only 3 cars with 3 drivers - he was screwed...


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singin sweet home alabama
 
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May 30, 2007, 03:22 PM

The cop didn't see anyone driving. I can't see how you can get a DUI in this case. The cop doesn't know for a fact how long you've been there - or that you were in fact drunk when you were driving; all he has is one witness to speeding (easily defeated, the witness didn't have any electronic speed detection device and probably isn't trained to recognize speeds accurately by eye as cops supposedly are) and a couple guys who were unloading a truck under the influence. I don't think any charge will stick.


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Last edited by DvlsAdvc8; May 30, 2007 at 03:24 PM..
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May 30, 2007, 03:47 PM

a.) the police officer did not witness any of this.
b.) he only asked whose vehicles it was... not who was driving.

how is that going to stick when he didn't see anything and which means he can't prove who was driving?


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