View Full Version : Update on DUI charges: Finally got blood test results!
BADRACR1
01-27-2012, 2:11pm
Back in September the gf got pulled over and was issued a DUI. She swore to the officer that she hadn't been drinking, but he took her in anyway. She had several prescription drugs with her, so he suspected she was under the influence of those.She insisted on a blood test.
Okay. They told us at the arraignment maybe six weeks to get the test results back or she could plead. We lawyered up.
So after going to court on Oct 28, Jan 13, and today they finally got the blood test results back (four months later). No alcohol, and only drugs were prescription and at maintenance levels. They reduced the charge to Reckless driving (she was weaving as she was trying to text). So, I'm out a total of four vacation days, about $750 cash, and lots of time. She got six points for the charge, but otherwise okay.
Huge pain in the ass, but could have cost a lot more and came out way worse.:shots:
Here's the original thread:
http://www.thevettebarn.com/forums/off-topic/22675-sir-why-does-your-phone-say-god-calling.html
P.S. I still haven't changed her phone!
Stangkiller
01-27-2012, 2:14pm
6 points..that's still pretty steep.
Yup?,could have ended up alot worse.
Glad everything is over court wise, now you get back to normalcy!
VatorMan
01-27-2012, 2:19pm
6 points..that's still pretty steep.
:iagree: That's not a "win" in my book. Your lawyer sucked.
wicked_c6
01-27-2012, 2:20pm
damn...6 pts for weaving? Thats kinda bogus. Did you admit to txting? Seems like the lawyer should have gotten her off on that as well. 6 points is going to wreck her insurance rates.
damn...6 pts for weaving? Thats kinda bogus. Did you admit to txting? Seems like the lawyer should have gotten her off on that as well. 6 points is going to wreck her insurance rates.
Reckless Driving is big time offence, they hit ya hard with points .. almost like a DUI with out the fines and loss of license.
The_Dude
01-27-2012, 2:36pm
Reckless Driving is big time offence, they hit ya hard with points .. almost like a DUI with out the fines and loss of license.
I thought it was just as bad as a DUI without the sentence to AA. Doesn't seem like much of a reduction. Not knowing anything more than what I've read here, careless driving seems like it would be more appropriate.
Bucwheat
01-27-2012, 2:39pm
Should have been failure to maintain.
kingpin
01-27-2012, 2:41pm
Reckless driving is severe.
Your insurance is going to rip off both your testicles and never give them back.
Yerf Dog
01-27-2012, 3:22pm
Dash cam?
Mirroredshades
01-27-2012, 3:27pm
6 points..that's still pretty steep.
:iagree: That's not a "win" in my book. Your lawyer sucked.
damn...6 pts for weaving? Thats kinda bogus. Did you admit to txting? Seems like the lawyer should have gotten her off on that as well. 6 points is going to wreck her insurance rates.
Reckless Driving is big time offence, they hit ya hard with points .. almost like a DUI with out the fines and loss of license.
Your lawyer must have sucked. I have "friends" who have gotten out of much worse situations than that.
:yesnod:
But in the grand scheme of things, at least your GF isn't going to lose her license. Pts don't mean anything except a couple hundreds bucks every six months.
:seasix:
BADRACR1
01-27-2012, 5:03pm
The reckless driving charge sucked, but she did cross the line several times while he was watching. She told them she was texting which is I guess why they were stuck on the reckless driving charge. The points aren't that big a deal. She'd not had any other tickets so the insurance won't hit us too hard.The points go away after a year. Just happy that all came out well on the tests and she felt better with them knowing she wasn't toasted!
BADRACR1
01-27-2012, 5:05pm
Should have been failure to maintain.
We tried for that, but because she admitted to texting when the occifer pulled her over they wouldn't do it.
BADRACR1
01-27-2012, 5:06pm
Was she crossing lanes?
She didn't go into the other lane, but crossed over or was on the line with one set of wheels several times over the time he was following her for a few miles.
AU Eagle
01-27-2012, 5:07pm
Points stay on our license for 3 years...1 year isn't too bad.
OddBall
01-27-2012, 5:08pm
You are out four vacation days and seven and a half bills to fix her f'ck-up?
I hope part of that $750 was for her new set of knee-pads.
BuckyThreadkiller
01-27-2012, 5:19pm
More people need to get nailed with that for texting.
But it's a big time better situation than DUI.
While I am generally against texting-while-driving, I think you should have taken it to jury trial....your whole defense would have been, "damn, hasn't she suffered enough already?" She got arrested and jailed for something that should have been a sign-here-on-the-dotted-line and pay the court within 30 days deal.
Punished. Enough. Already.
I'd demand a refund from the lawyer. Was she even charged with what she pleaded to when she was arrested? Seems like making up charges well after the fact wouldn't pass the smell test, at least with me.
Oh, well we can't get the charge we arrested her for so we will dream up some other **** just so we don't look bad for arresting a woman obviously NOT DWI. Was there no HGN test done?
She didn't go into the other lane, but crossed over or was on the line with one set of wheels several times over the time he was following her for a few miles.
Meh, then I see why he was suspicious.
While it's bad, it in no way compares to a DUI.
I think first-offense DUI fees and lawyer charges are running about 10K here.
BADRACR1
01-27-2012, 7:22pm
You are out four vacation days and seven and a half bills to fix her f'ck-up?
I hope part of that $750 was for her new set of knee-pads.
She's workin' it off.:dance:
pappytinker
01-27-2012, 7:25pm
We tried for that, but because she admitted to texting when the occifer pulled her over they wouldn't do it.
As my attorney has repeatedly advised me, "You have the right to remain silent. Nothing you say is going to get you off the hook if the officer wants to charge you with something. Anything you say will only serve to get you into deeper trouble. EXERCISE YOUR RIGHT TO REMAIN SILENT!"
BADRACR1
01-27-2012, 7:27pm
Was she even charged with what she pleaded to when she was arrested? Seems like making up charges well after the fact wouldn't pass the smell test, at least with me.
Oh, well we can't get the charge we arrested her for so we will dream up some other **** just so we don't look bad for arresting a woman obviously NOT DWI. Was there no HGN test done?
They reduced it from DUI to reckless driving if we agreed not to go to trial. The little town is 50 miles away, and after four trips and the time involved we just wanted it settled.
What's an HGN test? She had a blood test after she was arrested. That's what allegedly took so long was to get the results back.
BADRACR1
01-27-2012, 7:31pm
As my attorney has repeatedly advised me, "You have the right to remain silent. Nothing you say is going to get you off the hook if the officer wants to charge you with something. Anything you say will only serve to get you into deeper trouble. EXERCISE YOUR RIGHT TO REMAIN SILENT!"
Yeah, she knows that now. One woman there today had refused to exit the vehicle or talk to them until her attorney arrived. They charged her with "Suspicion of DUI", but I guess by the time they got her in and tested her she must have been at an acceptable level because they dropped the charges in court.
They reduced it from DUI to reckless driving if we agreed not to go to trial. The little town is 50 miles away, and after four trips and the time involved we just wanted it settled.
What's an HGN test? She had a blood test after she was arrested. That's what allegedly took so long was to get the results back.
She just got back the blood test PROVING she was not intoxicated (which she knew already). Why didn't the lawyer demand the jury trial? He had the evidence that quite clearly showed she was not impaired, courtesy of the police that arrested her. If she had cell phone records proving she was texting at the time, that's even better. What prosecutor is going to go to trial with a case his side has already proven to be a loser? That prosecutor should take up poker, because he obviously knows how to bluff. And he ought to resign, because he would obviously rather win than mete out justice.
HGN=horizontal gaze nystagmus (sp?).....where they check the eye movement by having the suspect follow an object with the suspect's eyes alone, not moving the head.
She got a raw deal, both from the cops/prosecutor and from your lawyer.
OddBall
01-27-2012, 8:22pm
She's workin' it off.:dance:
:seasix:
BADRACR1
01-27-2012, 8:36pm
HGN=horizontal gaze nystagmus (sp?).....where they check the eye movement by having the suspect follow an object with the suspect's eyes alone, not moving the head.
She got a raw deal, both from the cops/prosecutor and from your lawyer.
She failed the field test. I'm sure that's why they figured she was on drugs. Couldn't balance or follow the pointer. Not very coordinated, has ADD and test anxieties so it's difficult for her to focus on things like that. That's why she asked for the blood test. Her lawyer did recommend the jury trial and figured we'd get it dismissed, but we were just tired of fooling with it and wanted it over with. I'm sure that's what they were counting on. I'd have still been out the money (bail & towing, just save the $240 fine) and lost another vacation day. It's all a money thing (small town politics) and we just wanted it over and done. Sometimes better (or easier) to cut your losses and move on. Plus I've been on her ass about talking or texting while driving. It is reckless, IMO.
bah the cops up there are pricks anyways. Rita got off about as good as expected
I've been on her ass about talking or texting while driving. It is reckless, IMO.
:iagree: If there's any good to come out of this experience...
ft laud mike
01-28-2012, 12:24am
More people need to get nailed with that for texting.
But it's a big time better situation than DUI.
:iagree:
Yeah, she knows that now. One woman there today had refused to exit the vehicle or talk to them until her attorney arrived. They charged her with "Suspicion of DUI", but I guess by the time they got her in and tested her she must have been at an acceptable level because they dropped the charges in court.
If I was a cop on scene I don't think that female would have stayed in the car. I would be extremely weary of leaving someone in their vehicle, not knowing what is inside the car.
"ya, just stay inside with your gun/knife/ illegal drugs...whatever" I'll just wait to be on the recieving end of whatever you got"... Um..no
yell01
01-28-2012, 10:01am
The reckless driving charge sucked, but she did cross the line several times while he was watching. She told them she was texting which is I guess why they were stuck on the reckless driving charge. The points aren't that big a deal. She'd not had any other tickets so the insurance won't hit us too hard.The points go away after a year. Just happy that all came out well on the tests and she felt better with them knowing she wasn't toasted!
Glad she was proven not to be DUI. BUT, texting while driving and DUI are similar. Both drivers are impaired. I never used to text at all and when I got my iPhone when they first came out I was texting one morning on my way to work and almost rearended someone. I don't text while driving at all. Too much going on and too many other idiot drivers out there to be distracted at all.
Enjoy the repayment plan. :hurray:
I do not understand why people have to text while driving?
and I'm sorry, but if you cause an accident or worse kill someone while doing it...how is it any less than one doing it while DUI?
if you or your loved one is in an accident or killed..doubtful that texting or drinking matters much. it's the dead part that matters.
Cybercowboy
01-28-2012, 11:17am
While I am generally against texting-while-driving, I think you should have taken it to jury trial....your whole defense would have been, "damn, hasn't she suffered enough already?" She got arrested and jailed for something that should have been a sign-here-on-the-dotted-line and pay the court within 30 days deal.
Punished. Enough. Already.
I'd demand a refund from the lawyer. Was she even charged with what she pleaded to when she was arrested? Seems like making up charges well after the fact wouldn't pass the smell test, at least with me.
Oh, well we can't get the charge we arrested her for so we will dream up some other **** just so we don't look bad for arresting a woman obviously NOT DWI. Was there no HGN test done?
Bill, I've told the story of my friend Curtis, who was driving us back from a KC Chiefs Monday Night Football game that had gone into OT. I drove up in my vehicle and the deal was Curtis would not have anything to drink after the first quarter (and I don't think he had anything to drink period, he may have had a beer or two before the game, many hours earlier...) We were almost home, just 10 miles to go, but Curtis was really sleepy. He was used to getting up around 5 AM and here it was past 3 AM and he hadn't even been to bed yet. I caught him twice starting to doze off and smacked him and cranked the radio up even more.
As we neared a little town called Carterville MO (a notorious place for speed traps and whatnot) Curtis weaved a bit, not leaving our lane, and we saw rollers. There was another guy with us, a lawyer, in my back seat. Curtis pulled my old Explorer over and the cops had him step out of the car and proceeded to give him a sobriety test. I wasn't concerned knowing that he had had virtually nothing to drink and was as sober as could be. One of the cops came over to me and asked how much my friend had to drink because he just failed the test. WTF? I told him the truth, he may have had one or two beers about 8 hours ago. That's it. He was our DD. Me and the other guy, on the other hand, had many beers but none since about midnight.
My lawyer friend in the back seat started mouthing off some, telling these deputies that he was a lawyer and they couldn't arrest Curtis, blah blah blah. One of the cops came up to me (again) and told me to tell my friend to STFU or we'd all be going to the pokey. I got him to be quiet finally. Fortunately he couldn't figure out how to bypass my child locks. :D
They charged Curtis with a DUI and off he went. The cop came up to me a third time and asked if I was OK with driving. I said there is no doubt in my mind I could drive BUT I had no idea if I was below 0.10 (that was the level back then.) He said "You look OK to me, go ahead and drive home." Off he went down the highway. I saw him pull off the highway onto an overpass, turning off his lights as he exited, and parking on the overpass. He was waiting for me to come that way. I was smarter than he was however and called my wife and the lawyer's wife and had them come to get us. They weren't thrilled as you could imagine but understood the reason.
They showed up, my wife drove me home in my vehicle and the lawyer and his wife left in their car. As soon as we pulled onto the highway the cop on the overpass turned his headlights on and, obviously pissed, left. The lawyer went home, got a couple of hours sleep, then went to bail Curtis out. He had blown a 0.00 but they still had the DUI charge going. He took it to court and the judge dropped the charges immediately. However...
Curtis was a route driver. Just the charge alone caused him to lose his job. He really took it hard, but that was his company's policy. I even called his old boss to explain what happened but it didn't matter, he was toast. I have no idea what makes cops do these things.
I have no idea what makes cops do these things.
Simple. Cops are douchebags with small dicks.
BADRACR1
01-28-2012, 12:15pm
if you or your loved one is in an accident or killed..doubtful that texting or drinking matters much. it's the dead part that matters.
:iagree: Why I didn't contest it. Hopefully her and everyone she tells about it will see how dangerous this is.
BADRACR1
01-28-2012, 12:22pm
I caught him twice starting to doze off and smacked him and cranked the radio up even more.
They charged Curtis with a DUI and off he went.
I have no idea what makes cops do these things.
Most studies have shown that those drivers with sleep deprivation are as impaired as one who's been drinking. I worked third shift for ten years, and many mornings I was almost dozing by the time I got home. Took to riding with a friend, and we swapped out depending on who was the least tired.
Hate to hear about the job thing, though. That's why we were trying to get hers reduced or dismissed.
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