The Breakfast.info

General Discussions => Spunk => Topic started by: skalnbyc on April 26, 2008, 09:40:03 pm

Title: DUI/DWI Talk
Post by: skalnbyc on April 26, 2008, 09:40:03 pm
Quote from: jocelyn;187515
Getting arrested on the way home... not so good.


:scared:

Booztravelin\'?
Title: DUI/DWI Talk
Post by: jocelyn on April 26, 2008, 09:51:06 pm
Yeah.

Stupid.

I was so excited about getting my horses going again this summer, after not competing for the last 2, as well as bringing students to events. Now I don\'t even know how I\'m going to get to the barn.
Title: DUI/DWI Talk
Post by: Gordo on April 27, 2008, 02:43:21 pm
Quote from: jocelyn;187515

Getting arrested on the way home... not so good.


Dude that sucks. Sorry.
Title: DUI/DWI Talk
Post by: Todd on April 27, 2008, 02:47:53 pm
:wah: :doh:
Title: DUI/DWI Talk
Post by: bdfreetuna on April 27, 2008, 03:36:39 pm
Sorry to hear that Jocelyn!


At least you got to see the show ... I once got arrested on the way to a Breakfast show not even 10 minutes down the road from my house.


If that makes you feel any better ?? :)


Last time I went to Stone Church the cops definitely tailed me for like 5 miles out of the venue. Imagine how nervous I was, as this was the night I was so tipsy that I\'d forgotten to pay my tab and left my credit card at the venue...
Title: DUI/DWI Talk
Post by: jocelyn on April 27, 2008, 08:17:38 pm
I\'m really freaked out because I got an aggravated DWI, which is much, much worse. I really need to be able to get to and from the barn, which is a 25 minute drive from my house. No idea what to do. Might have to move or something. And def. need a good lawyer.

It also is really bad because I have students depending upon me to get them to and from events.
Title: DUI/DWI Talk
Post by: galenas on April 27, 2008, 08:59:03 pm
aw shit. sorry, joc. :(
Title: DUI/DWI Talk
Post by: Klout on April 27, 2008, 09:10:05 pm
if your serious about beating the charge completely or at least reducing it to almost nothing I would recommend voluntarily getting into an outpatient rehab program asap, even if its only one day a week. An actual program at a drug and alcohol clinic is better than AA because its documentable and you can get positive review from a counselor. Its no guarantee to do anything and it most likely will not even need to be mentioned to the judge if you get the right lawyer but it can only help your legal situation even if you think its total bull.

As for a lawyer do your best to pick someone who at least somewhat regularly handles DWI cases in the court that you are assigned to.  Someone who knows and is friendly the DA and the judge and works with them on a semi-regular basis will have a much better chance at cutting you a deal with these guys than some outa-town hot shot.  That being said dont hire some scrub just cause he is local. I dont know specifically what the average retainer fee for your specific crime is especially with the aggravated thing in that area but if it were me I think I would be a leery of anyone who says less than a $2000 retainer.  Might be a lot more for the right guy. But dont hesitate to fork over the cash if you have a good feeling about a guy.  Its well worth it in the long run. Its a fucked up system but if you pay the big bucks you can usually get out of almost anything. so dont stress it too much. stay up.
Title: DUI/DWI Talk
Post by: Gfunk on April 27, 2008, 09:46:36 pm
So sorry to hear this Jocelyn! I agree with Klout, Don\'t stress it to much, fork over the big bucks for a good lawyer it\'ll be worth it in the long run. A good friend of mine just got a DUI/resisting charge dropped to reckless driving, thanks to getting a good DUI lawyer (which run him around 4 grand I believe).
Title: DUI/DWI Talk
Post by: Klout on April 27, 2008, 10:01:03 pm
also beware of any lawyer who just says "dont worry we can make this all go away"

In fact a good lawyer wont make any promises whatsoever but will say "here is where we are at right now, we can definitely get this charge reduced, the question is how low can we go?" then he might give his opinion of how it looks based on the judge, the DA, the charge, circumstances of the arrest, etc.
Title: DUI/DWI Talk
Post by: Gfunk on April 27, 2008, 10:15:28 pm
btw i think i meant DWI. whatever DWI, DUI, pretty much same thing different letters, right?
Title: DUI/DWI Talk
Post by: FrankZappa on April 28, 2008, 07:27:03 am
dwi - driving while intoxicated
dui - driving under the influence

I forget which is which but one of them is not as bad as the other because one of them basically says you were trashed while the other one says you had something in your system but not much.
Title: DUI/DWI Talk
Post by: Yoda on April 28, 2008, 09:05:18 am
DUI is the lesser of two evils.  

I know that I must sound like an ass, but I can\'t really sympathize with the situation, having had a drunk driver wreck my car that was parked in front of my house two days before Christmas.  The jerkoff had a blood alcohol level twice the legal limit and he was driving two weeks later (with or without a lisence).  When I called the cops to report what I saw, they basically told me that they couldn\'t do anything.

We\'ve all done stupid things, but we all need to realize that there are consequences for our actions.
Title: DUI/DWI Talk
Post by: tyzack on April 28, 2008, 09:21:48 am
Its a risk we all take.

There are times (iron horse in october) when I got to my car and realized I was in no condition to drive.

I crawled into the back and had a very uncomfortable 3 hour nap before driving home. I probably would have still failed a breathilizer, but my actions by then were more just dead-beat tierd instead of drunk.
Title: DUI/DWI Talk
Post by: bezerker on April 28, 2008, 09:43:11 am
Quote from: jocelyn;187619
I also need a good lawyer.


i got a ser lawyer that just got me out of a dwi with resisting under suspended liscense. got a fine and 45 day loss with neither of those on my record. want me too hook you up ?
Title: DUI/DWI Talk
Post by: DocEllis70 on April 28, 2008, 10:59:32 am
sorry Joce, that sucks. i know in Ct that the DMV is the one that takes the license or gives you a suspended license for work, not the court. not sure if thats the same in NH. hopefully you can get permit to drive to and from work. And Yoda, i dont think she was asking for sympathy just suggestions as to what to do, so yes, youre an ass.
Title: DUI/DWI Talk
Post by: Yoda on April 28, 2008, 11:05:12 am
Fine...I\'m an ass.  I just don\'t believe in drunk driving.  Let somebody else drive or designate a sober driver.  I know that Jocelyn is not looking for sympathy, but I also don\'t agree with finding ways to get off when you know that you were guilty.  That\'s all that this ass has to say.
Title: DUI/DWI Talk
Post by: oldnewbie on April 28, 2008, 11:13:04 am
Quote from: Yoda;187698
Fine...I\'m an ass.  I just don\'t believe in drunk driving.  Let somebody else drive or designate a sober driver.  I know that Jocelyn is not looking for sympathy, but I also don\'t agree with finding ways to get off when you know that you were guilty.  That\'s all that this ass has to say.



let\'s hope so. i say you do whatever you can to make it better for yourself in any way you can. keep your chin up joc!!!
Title: DUI/DWI Talk
Post by: princesscaspian on April 28, 2008, 12:52:27 pm
my friend got arrested in washington state for dui, second offense. they put a breathalizer in his car - he needs to pass it: 1) before starting the car, 2) 10 minutes after starting the car, and 3) at 40 minute intervals while driving the car, for 8 months. pretty awful eh?
Title: DUI/DWI Talk
Post by: Gordo on April 28, 2008, 12:55:55 pm
Quote from: Yoda;187698
Fine...I\'m an ass.  I just don\'t believe in drunk driving.  Let somebody else drive or designate a sober driver.  I know that Jocelyn is not looking for sympathy, but I also don\'t agree with finding ways to get off when you know that you were guilty.  That\'s all that this ass has to say.


I think no matter what the "cost" ends up being Jocelyn is smart enough to understand her mistake and change because of it.  I\'m sure she\'s not hoping she gets off on all charges so she can go get wasted, drive around and celebrate. Sure, everyone wishes they didn\'t make the mistake (that could have serious consequences on multiple levels) once it happens, but shit does happen and people fuck up sometimes.

This isn\'t a black and white situation man. Yes, Jocelyn is guilty. Yes, she should take responsibility. No, I do not think she should have to sacrifice all of the positive things she has going in her life (ie with kids and horsies this summer) because she made this mistake.

I\'m sure Gavin isn\'t driving around drunk now that he\'s been cleared. You get a taste and you don\'t want another. Those who keep going back to the well deserve very little to no mercy at all, I don\'t think this is the case here. Is it???
Title: DUI/DWI Talk
Post by: Yoda on April 28, 2008, 02:29:12 pm
Do I think that Joce intentionally did what she did, knowing her - absolutely not.  Have I ever had too many - unfortunately yes.  But when you\'ve been affected by one of these situations, it\'s hard not to look at it from the POV that I\'ve been speaking from.  I do think that if you\'ve been arrested for DWI or DUI, there should be legal consequences and a lawyer should cancel out those penalties.  My cousin got busted for having drugs in his car and driving high.  My uncle got him off on a technicality and I haven\'t been able to look at my uncle the same since.  I guess that I could never be a DA.

Quote from: princesscaspian;187715
my friend got arrested in washington state for dui, second offense. they put a breathalizer in his car - he needs to pass it: 1) before starting the car, 2) 10 minutes after starting the car, and 3) at 40 minute intervals while driving the car, for 8 months. pretty awful eh?


I think that\'s pretty justified if you\'re allowed your license back after a second offense.  I think in NJ you lose your license for an automatic year after a second offense.  I think your friend got off pretty light.
Title: DUI/DWI Talk
Post by: ChrisF on April 28, 2008, 02:38:30 pm
Quote from: princesscaspian;187715
my friend got arrested in washington state for dui, second offense. they put a breathalizer in his car - he needs to pass it: 1) before starting the car, 2) 10 minutes after starting the car, and 3) at 40 minute intervals while driving the car, for 8 months. pretty awful eh?


wouuld you be able to hook up a can of compressed air to the breathalizer they put in his car? or would it know that it was fake?
Title: DUI/DWI Talk
Post by: SkyePrizm on April 28, 2008, 03:02:05 pm
Quote from: Gordo;187716
I think no matter what the "cost" ends up being Jocelyn is smart enough to understand her mistake and change because of it.  I\'m sure she\'s not hoping she gets off on all charges so she can go get wasted, drive around and celebrate. Sure, everyone wishes they didn\'t make the mistake (that could have serious consequences on multiple levels) once it happens, but shit does happen and people fuck up sometimes.


Jocelyn definitely comes off as a girl who will never ever let this happen again.  I wish they could judge these situations case by case.  

Good luck.  I really hope NH grants you some kind of work permit to at least drive around for those purposes.  

CT has gotten stricter over the years.  So with that said, everyone be careful this summer.  CT has granted towns extra money for patrol units to do random DUI checks near holiday weekends.  They started this over the course of the last few years or so.  Some people don\'t realize it.
Title: DUI/DWI Talk
Post by: kindm's on April 28, 2008, 03:16:45 pm
get a good lawyer.

many states will issue a conditional license for work.

I hope that your students are yours and that you do not work for a company as that company will most likely take issue with your arrest, especially if it means you have to transport people especially kids.

I wouldn\'t jump at a rehab clinic just yet. I am sure much has changed since my run in, but you may find that the state will offer such a program as part of your fines/penalty.

The biggest thing to remember is that the State will basically be punishing you using red tape, there will be fines, there will be multiple court appearances (if your lawyer knows what he or she is doing), be prepared for this to drag out for a while. If your lawyer is good / decent they will try to postpone or ask for later and later court dates. This is a good thing but can be frustrating to a person who wants to put it behind them. The longer the issue hangs around in the court the more willing (sometimes) the court is to just make it go away or have you plead down.

Speak to an attorney, see what they think your next best move is. Good luck. Keep your head up. The worst case scenario is that you will lose your license and will have to take classes (rehab).  Try not to worry to much (I know that is going to be hard) you are not going to jail. If this is the first thing you have ever gotten in to trouble for then all the better.

It will put your life on hold for a bit, and that is what you really need to be prepared for. The costs of paying an attorney, the fines, the potential loss of license and the dramatic life change. Don\'t under estimate the stress etc. Not trying to scare you at all just want you to be prepared.

The above was a huge deal for me and I still get pissed off about it even now.
Title: DUI/DWI Talk
Post by: tyzack on April 28, 2008, 03:19:47 pm
My $.02 is that DUI/DWI is really a general bad idea.

It also seems to be a subjective line on the parts of the cops. Cops are very rightly very aggressive toward even the slightly drunk because of the damage they can cause. I back the cops up on this one, and pray that I never get into that situation.

I don\'t think there is such thing as a legal limit, either. Driving is an activity that requires alot of attention and awareness and with the distractions that abound in cars now a days (cds, cell phones, passengers, etc) I don\'t think it\'s a wise idea to drive after having anything at all to intoxicate yourself.

I think that every house/appartment/bar/concert hall should feature a barely-furnished room for the sole purpose of drunk people crashing in.

The room should have coffee.

And probably taste kakes.
Title: DUI/DWI Talk
Post by: Jim Cobb on April 28, 2008, 03:45:04 pm
i\'m appalled that so many of you condone driving under the influence.

Joce, I\'m sorry that you\'re work is being affected by this, but on the other hand, you\'re lucky that you\'re just dealing with license issues as opposed to having killed someone.
Title: DUI/DWI Talk
Post by: Yoda on April 28, 2008, 03:55:45 pm
Holy shit...someone else on the board that doesn\'t think I\'m the devil for thinking it\'s wrong to drink and drive!
Title: DUI/DWI Talk
Post by: tyzack on April 28, 2008, 04:15:47 pm
I was under the impression that there was a general concensous that intoxicated driving is (very) bad.

There also seems to be general compassion for a friend, and with that advice to help them mitigate the negative side effects of this event.
Title: DUI/DWI Talk
Post by: kindm's on April 28, 2008, 04:26:22 pm
Quote from: Jim Cobb;187746
i\'m appalled that so many of you condone driving under the influence.

Joce, I\'m sorry that you\'re work is being affected by this, but on the other hand, you\'re lucky that you\'re just dealing with license issues as opposed to having killed someone.


I didn\'t see a lot of folks saying it was OK. I think that a lot of people just happen to have experience with this issue.

I don\'t drink and drive anymore. I would be lying if I said I had never done it. In HS / college I was the guy that would get you home. It was certainly a different time then (not really that long ago but the penalties and checkpoints and all that stuff became a lot more common after I got out of college)

The issue is that it happened and we are trying to help her deal.

The issue is that you can be fine to drive but over the limit. I am not saying that was the case here. And I am not saying that makes it OK. But life isn\'t perfect and bad things happen to good people.

1 of the biggest reasons that I have yet to go to the Stone Church is that there is no hotel / motel in walking distance to the venue. Which means that if I drive all the way there no booze for me (especially with all the stories of the local police). I avoid these types of venues simply because if I want to have a few drinks I don\'t want to have to chance it.
Title: DUI/DWI Talk
Post by: FrankZappa on April 28, 2008, 04:32:51 pm
I think everyone has done things they are not proud of. If you\'re a repeat offender without compassion it\'s one thing, but I seriously doubt (in fact would be outright shocked) if this was the case. Helping your friends when they are down does not mean you are agreeing with what they have done, it means you care for them and want to help them through a rough period in life. It\'s up to the person your offering the help to to decide if they want it or not, and if they want to learn from what happened and change for the better or worse from it.

If you choose to ostracize or give your hand, throw stones or block them is up to you as a person, but regardless of which side you fall on it shows that you care for both the person and society in general to want to prevent something like this from happening. No one ever wants to be on either side of this situation, and the less it happens the better. That said, it did happen, thank whatever it is you speak to when you\'re alone that nothing other than jocelyns financial situation and a few minutes of a police officers time was affected, reflect on it, take away what you can to learn from it and we can start to move on.

That\'s what I love about an open community like this; everyone has an opinion and is free to express it. I\'m sure more than just jocelyn will take away something positive from this thread.
Title: DUI/DWI Talk
Post by: Rujah on April 28, 2008, 04:37:50 pm
I had a DUI a few years back. I drank the night before, sleep it off, drove in the morning and still got arrested. Luckily, I didn\'t go to jail or worse kill myself or someone else, but I did lose my license for a year, had to take outpatient care. The fines were enormous, stress was outrageous, and the whole situation definitely put my life on hold for a whole summer. I couldn\'t go to shows, and was basically stuck in my house all summer. I could only drive one day a week at a specified time of the day. In NY they will offer you a conditional license so you can drive to work, but, since you work with children and need to drive them, I don\'t know how they will treat these situation.

Personally, I have no sympathy for people who go out to a bar with the intention of drinking and driving home afterwards. Now, I don\'t know your situation, but those people just piss me the fuck off. And for all the times people drive drunk and don\'t get caught, they will eventually if they continue to do so and who knows what kind of damage they will cause.

With that being said, I wish you best Joc. I understand what you\'re going through and it can be tough for sure. Keep on keeping on, things will get better
Title: DUI/DWI Talk
Post by: Yoda on April 28, 2008, 04:44:57 pm
If it seems like my comments are harsh, I\'m sorry.  I feel for Joce, I really do, but I also believe that in a DWI or DUI situation, if you\'re guilty, should shouldn\'t be able to plea your way to a lesser charge.  It\'s a life lesson and a serious one.  I think about when my car was hit; there are a lot of kids in my area and if any of them were walking on the sidewalk at 7:00PM the night car was hit, they\'d be seriously hurt or dead as the car was doing 70+ mph at the time of impact.  Luckily everyone was in-doors at the time.

I think the one thing to take from this is that this can happen to anyone.  It\'s good that no one was hurt.  Joce - good luck with which ever way you decide to deal with it.
Title: DUI/DWI Talk
Post by: Klout on April 28, 2008, 04:46:12 pm
drinking and driving is not a victim less crime.  

Its serious shit. people die, get mamed, parlyzed, lose loved ones etc.

that said we all make mistakes.

getting out of it and doing the same thing again is low.

getting out of it and learning from your mistake and changing your ways is something totally different.

Also even if there is no jail or loss of license there is no getting out of it for free. There are psychological, financial, reputation, relationship, job related, etc complications. Some people dont learn their lesson though unfortunately which is when they really throw the book at you.
Title: DUI/DWI Talk
Post by: SkyePrizm on April 28, 2008, 04:54:57 pm
Quote from: Jim Cobb;187746
i\'m appalled that so many of you condone driving under the influence.

Joce, I\'m sorry that you\'re work is being affected by this, but on the other hand, you\'re lucky that you\'re just dealing with license issues as opposed to having killed someone.

No one is condoning the behavior.

Let\'s be honest, all of us on this board at one point or another in some capacity have had something to drink and then gotten behind the wheel.   Even if it was one...  We have all made the mistake.

This is coming from someone who had a girl in her high school get MURDERED by a drunk driver.  This is coming from a girl who lost a great-aunt to a drunk driver.  

Sometimes I\'ve done it too, and I shake my head and regret it.  But its a mistake many people make.  

The point is to drink as a responsible adult, and not get wasted or trashed.

That being said, since they have changed the legal limits of drinking in many new england states, it doesn\'t take much to qualify as a "drunk" for a DUI.   Meaning, Jocelyn may have been very coherent but by the law, she was considered drunk.
Title: DUI/DWI Talk
Post by: oldnewbie on April 28, 2008, 04:55:11 pm
Quote from: Yoda;187698
 I know that Jocelyn is not looking for sympathy, but I also don\'t agree with finding ways to get off when you know that you were guilty.  That\'s all that this ass has to say.


absolutely she\'s looking for some sympathetic advice from a group of friends that may have some similar experiences. not some "whah whah i got my car wrecked so you got what you deserved" rant. that\'s exactly whats she\'s doing. looking for a bit of sympathy from her friends. where else does a person look for that sort of thing. anyone else should just do what they said and shut the fuck up IMHO!
Title: DUI/DWI Talk
Post by: ds673488 on April 28, 2008, 04:58:11 pm
Quote from: ChrisF;187739
Quote from: princesscaspian;187715
my friend got arrested in washington state for dui, second offense. they put a breathalizer in his car - he needs to pass it: 1) before starting the car, 2) 10 minutes after starting the car, and 3) at 40 minute intervals while driving the car, for 8 months. pretty awful eh?


wouuld you be able to hook up a can of compressed air to the breathalizer they put in his car? or would it know that it was fake?


if you are even trying this in the first place, you have a serious problem
Title: DUI/DWI Talk
Post by: Yoda on April 28, 2008, 05:05:55 pm
Quote from: oldnewbie;187768

absolutely she\'s looking for some sympathetic advice from a group of friends that may have some similar experiences. not some "whah whah i got my car wrecked so you got what you deserved" rant. that\'s exactly whats she\'s doing. looking for a bit of sympathy from her friends. where else does a person look for that sort of thing. anyone else should just do what they said and shut the fuck up IMHO!


If you had your car wrecked by a fucking drunk while it was parked on the street, I think you\'d be a bit pissed.  And if that didn\'t make you think differently about drunk driving, then I would think you\'re a little bit brain dead.  

Joce - I\'m glad no one was hurt.  Good luck with however you decide to deal with the legal aspect of it.
Title: DUI/DWI Talk
Post by: Jim Cobb on April 28, 2008, 05:15:52 pm
my apologies for what seemed a bit harsh.  these situations arise as a catalyst for change.  sometimes we take those opportunities, and sometimes we repeat our mistakes until the consequences get bad enough that we change.  joce, you\'re a good egg, i know you\'ll turn this into a positive experience.
Title: DUI/DWI Talk
Post by: kindm's on April 28, 2008, 05:16:05 pm
Quote from: Yoda;187763
If it seems like my comments are harsh, I\'m sorry.  I feel for Joce, I really do, but I also believe that in a DWI or DUI situation, if you\'re guilty, should shouldn\'t be able to plea your way to a lesser charge.  It\'s a life lesson and a serious one.  I think about when my car was hit; there are a lot of kids in my area and if any of them were walking on the sidewalk at 7:00PM the night car was hit, they\'d be seriously hurt or dead as the car was doing 70+ mph at the time of impact.  Luckily everyone was in-doors at the time.

I think the one thing to take from this is that this can happen to anyone.  It\'s good that no one was hurt.  Joce - good luck with which ever way you decide to deal with it.


Umm. I really hope you are never in legal trouble. Whether it be DUI, Divorce, possession, etc. You pay an attorney to do whatever he or she can to lessen the blow. I\'m sure that if you run afoul of the law you are going to plead to the maximum eeh ? Because I somehow doubt it.

The legal system works like this. The police will charge you with whatever they can. Any crime they can cite you for they will. The DA will look at those charges and see what he/she thinks they can make stick. Then your lawyer goes in and says this charge is BS, and so is this one and the dance begins. If you would simply plead guilty to everything you would be charged with then your an idiot.
Title: DUI/DWI Talk
Post by: FrankZappa on April 28, 2008, 05:17:12 pm
:popcorn:
Title: DUI/DWI Talk
Post by: ChrisF on April 28, 2008, 05:21:51 pm
Quote from: ds673488;187769
Quote from: ChrisF;187739
Quote from: princesscaspian;187715
my friend got arrested in washington state for dui, second offense. they put a breathalizer in his car - he needs to pass it: 1) before starting the car, 2) 10 minutes after starting the car, and 3) at 40 minute intervals while driving the car, for 8 months. pretty awful eh?


wouuld you be able to hook up a can of compressed air to the breathalizer they put in his car? or would it know that it was fake?


if you are even trying this in the first place, you have a serious problem


just wondering if its that easy to pass the breathalyser test if they install one in a car. im not saying its something you should do.
Title: DUI/DWI Talk
Post by: Klout on April 28, 2008, 05:28:43 pm
yoda kindms is right. thats the system we have in place. Its not perfect but it is what is and its in a constant state of reform.

You dont have any sympathy for drunk drivers and thats fine but its not just, you did it, maximum penalty, end of story. And rightly so.

The cops are required by law to make an arrest if there is a crime committed and yes they will usually hit you with every charge they can. Its the DAs job to decide how to handle the cases presented to the court by the police on a CASE by CASE basis.  Then the lawyers and prosecuters go back and forth and determine what they consider to be fair. The judge mediates it all and decides whether or not justice is being served with the proposed compromise. If he thinks it isnt fair either way he can veto the bargain. but really they all work together to do what they aggree should be done. some times its fair sometimes it aint.  every case is different.  Most cases end in a guilty plea for a reduced charge. I think its only about 2% of all arrests that actually get to trial.  But everyone has legal rights for serious offenses like this and trial by jury if you choose is one of those rights. By accepting the bargain you are waiving that right. You also have rights when you get arrested. For eample if a cop pulls you over illegally then you can not be prosecuted for any chages that resulted from that illegal stop. Thats a right you do not want to give up and highly doubt you would refuse to exercises if you were in that position. In fact you would actually be breaking the law if you agreed to plead guilty to a charge that resulted from an arrest that was known to be illegal!  Anyway if the other 98% of arrests actually went to trial the courts would be so backed up they would not even be able to function. The system has its benefits as in situations like this where a good person can realize they made a mistake, lessen the blow. and turn something negative into a positive growth experience. Of course the system has its flaws and people abuse it (OJ) but thats life and thats the system we have.
Title: DUI/DWI Talk
Post by: Gordo on April 28, 2008, 05:34:38 pm
Quote from: Jim Cobb;187772
my apologies for what seemed a bit harsh.  these situations arise as a catalyst for change.  sometimes we take those opportunities, and sometimes we repeat our mistakes until the consequences get bad enough that we change.  joce, you\'re a good egg, i know you\'ll turn this into a positive experience.


That\'s what I was saying earlier. I don\'t condone it.

Yoda, I think you\'re treating the grand scheme of DUI/WI\'s too black and white. I know an easy rebuttal would be "Drink? DON\'T drive, period." However just like most things in life (other than the argument of crunchy vs. creamy peanut butter) this falls into a huge grey area. Tons of variables make for cases unique to each other. I\'m not hating on you. You\'re passionate about something important and are obviously on the "right side" of things. It\'s just a tad extreme imo.
Title: DUI/DWI Talk
Post by: Vassillios on April 28, 2008, 05:38:59 pm
I just drank a fifth of vodka.

dare me to drive?

(Sorry but this thread needs some enlightenment)
Title: DUI/DWI Talk
Post by: Wolfman on April 28, 2008, 06:03:37 pm
This is a good thread to remind everyone (including myself) that you can get arrested for DUI/DWI even if you are BELOW the legal limit if the cops think your driving is lousy.  If you\'re driving, you should really plan on drinking Cokes or Red Bulls for the night.
Title: DUI/DWI Talk
Post by: skalnbyc on April 28, 2008, 06:03:44 pm
Here\'s my policy:  Before the night begins, I come up with a reasonable number of drinks that I will consume during the course of the show/party prior to going out.  I go out, have my "x" drinks and stop right there.  I know it\'s easier said than done, but I never seem to put myself in a bad place.  

Jocelyn, sorry to hear about the troubles.  Here\'s one positive: you may lose your license during the summer so you can possibly get around on a bike during the warm weather (of course I have no idea how far your work is from home).  Definitely better than winter.
Title: DUI/DWI Talk
Post by: Drew_Kingsley on April 28, 2008, 06:45:39 pm
Quote from: Vassillios;187784
I just drank a fifth of vodka.

dare me to drive?

(Sorry but this thread needs some enlightenment)

Fortunately, in another thread, we\'re debating which Spice Girl Paul Ryan should impregnate, so your comment isn\'t entirely out of left field.
Title: DUI/DWI Talk
Post by: solver on April 28, 2008, 07:20:16 pm
dui changed my life, or at least the last 8 months of it. put short: it suuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.
and it\'s still sucking because i can\'t get a job if i have to drive anywhere while on the clock. i don\'t know if the system works for everyone, but madd has done a lot of lobbying in congress, and nothing moves shit in washington like organized pissed off mothers. anyway, i remember being in the class and doing the math:
15 hour class [ten sessions]
1 teacher [who lessened the time to an hour per session]
12 participants
$500 each.
that\'s $6000 for one dui education program.
i\'m sittin\' in the class listening to the teacher read word for word [slowly] from our "workbook", the only material provided for the class which must cost $2 to print, trying to figure out how many of these classes are given each year, at the facility, in the state, in the country, and wondering,
 
"where does all the money go??"
Title: DUI/DWI Talk
Post by: Yoda on April 28, 2008, 07:34:13 pm
I don\'t think of it as a black and white issue.  I don\'t they should throw the book at Joce, but I don\'t think that anyone who gets a DWI/DUI should get off without some sort of penalty.
Title: DUI/DWI Talk
Post by: Mamalakabubadaya on April 28, 2008, 07:55:28 pm
Quote from: Yoda;187795
I don\'t think that anyone who gets a DWI/DUI should get off without some sort of penalty.

i agree, however i really hope things work out for joc as she relies on having a license to drive herself to work/have an income, etc.

people make mistakes and this kind of shit makes a huge impact on someone\'s life and costs LOTS OF MONEY.

i\'m pretty sure (actually positive) that a bunch of us have been just as guilty of driving home after a show or a night out after having one too many. it\'s a dangerous risk and it eventually catches up with the best of us.

hope things work out okay for you jocelyn. unfortunately, getting that pricey lawyer is gonna be key.
Title: DUI/DWI Talk
Post by: Gordo on April 28, 2008, 09:16:04 pm
Quote from: Yoda;187795
I don\'t think of it as a black and white issue.  I don\'t they should throw the book at Joce, but I don\'t think that anyone who gets a DWI/DUI should get off without some sort of penalty.


We\'re in agreement here.  It\'s like this article I read recently on water consumption in my hometown. They talked for two pages about how you can reduce your consumption by thousands and thousands of gallons a year, all great points. Then they concluded with the worst line ever, something along the lines of "If you do the above you can realistically save 20,000 gallons a year which would save you $5.60."

!!!!!!!!!!!!!!!!!!!Good luck making a difference!!!!!!!!!!!!!!!!!!!!!!

Bottom line is in this society if you don\'t charge people generally don\'t change. I didn\'t think for a second 1. Joce will be walking away free and clear -and- 2. that she should (sorry but it\'s the truth)...  I just got the feeling originally that you were saying \'they should throw the book at Joce\' in which case I was disagreeing.

I made the decision about a year and a half ago that I should never drive drunk again without having a rap sheet for it. Since, I have a few times and regretted it every time. A thought to think about, even if you are clearly fine to drive after a couple drinks (still under the legal limit) just think if you got caught up in the wrong situation that wasn\'t your fault yet you\'re the guy/gal with booze on your breath?
Title: DUI/DWI Talk
Post by: SlimPickens on April 28, 2008, 09:44:19 pm
Quote from: jocelyn;187619
I\'m really freaked out because I got an aggravated DWI, which is much, much worse. I really need to be able to get to and from the barn, which is a 25 minute drive from my house. No idea what to do. Might have to move or something. And def. need a good lawyer.

It also is really bad because I have students depending upon me to get them to and from events.


Joc.  Sorry to hear about this unfortunate situation.

An ex of mine got pinched while we were together.  Her license got revoked.  However, the terms of her probation allowed her to drive to and from work.  But that was CT.  Not sure how NH works.

Get a lawyer w/ DUI experience.  They\'ll know how the system works.

Aggravated DWI?  Sorry if you\'ve already explained, I haven\'t read the entire thread.

Quote from: Yoda;187795
I don\'t think of it as a black and white issue.  I don\'t they should throw the book at Joce, but I don\'t think that anyone who gets a DWI/DUI should get off without some sort of penalty.


I think you\'re underestimating the "penalty".  My ex got off from her DUI with a "penalty".  It was about $5000, hours of community service, and she could only use her car to get to work for 9 months.

That might sound "light" to you, but try and live through it.  It definitely made an impression on her life.
Title: DUI/DWI Talk
Post by: jocelyn on April 28, 2008, 10:22:42 pm
Quote from: SlimPickens;187818
Aggravated DWI?  Sorry if you\'ve already explained, I haven\'t read the entire thread.

NH DWI vs. Aggravated DWI:

DWI, 1st Offense
RSA 265:82 and RSA 263:65-a

Classified as a violation.
Fine: Not less than $350 and not more than $1,000.
License revocation: 90 days (minimum), up to 2 years. For any offender with a prior conviction(s), in this or any other state, within 7 years preceding the date of the second or subsequent offense, the revocation shall be for not less than 180 days nor more than 3 years. (RSA 265:82-b).
An Impaired Driver Intervention Program must be "successfully completed" prior to restoration. This means meeting further counseling requirements, if any, arising out of the final evaluation at the IDIP provided, however, that the offender shall have the right to a hearing at the Dept. of Safety. At the hearing, the hearing officer shall determine whether the further counseling requirements are "warranted and appropriate" and whether the offender shall be eligible for license restoration. (Effective 1/1/97)
Immediately following a conviction for any offense under RSA 265:82, the DMV shall examine the offender\'s motor vehicle record for a prior DWI conviction (under RSA 265:85 or within RSA 265:82-a) over the preceding seven years. If a prior conviction exits, the license or privilege to drive shall not be restored until the offender has successfully completed a seven-day residential Phase II Impaired Driver Intervention Program. [RSA 265:82-bVI (a) and (b)].


Aggravated DWI
RSA 265:82-a

Classified as a misdemeanor (except for provisions listed below*).
Fine: not less than $500 or more than $1,000 (except for provisions listed below*).
License revocation: 1 year mandatory, or for a period not to exceed 2 years.
Aggravated DWI is based on a blood alcohol concentration of .16% or higher OR a blood alcohol reading of .08% or higher, or being under the influence of intoxicating liquor and/or any controlled drug, PLUS any of the following:
speed 30 mph over posted limit.
involvement in an accident resulting in serious bodily injury.
attempting to elude an officer by increasing speed, diminishing headlights, or attempting to leave the scene of an accident.
Conviction of Aggravated DWI based on involvement in an accident resulting in serious bodily injury is classified as a Class B felony, and carries a fine of $1,000 - $2,000 and a license revocation of 1 year minimum mandatory up to two years. [RSA: 265:82-aI (b) & II(b), RSA 265:82-bII]

For those arrested for DUI / DWI after January 1, 2005, there are enhanced punishments.

For an aggravated DWI conviction, you must now complete a seven-day residential treatment program at the State\'s Multiple DWI Offender Detention Center in Laconia; that sentence must be served within 24 days of your conviction and follows a minimum of three days in the County House of Correction.
Title: DUI/DWI Talk
Post by: Todd on April 29, 2008, 02:33:01 am
So...not to seem dense (which sometimes I am), but what the fuck made it an aggravated DWI?

You don\'t have to answer if you don\'t want to...
Title: DUI/DWI Talk
Post by: tyzack on April 29, 2008, 07:29:40 am
Quote from: Wolfman;187787
This is a good thread to remind everyone (including myself) that you can get arrested for DUI/DWI even if you are BELOW the legal limit if the cops think your driving is lousy.  If you\'re driving, you should really plan on drinking Cokes or Red Bulls for the night.


Since this thread has hints of a general discussion on the topic, I might as well ask.

Lets say it\'s late at night and I get pulled over for driving behaviours that appear to suggest I am under the influence.

If I was running a BAC of 0, you are saying that I could still be arrested for DUI/DWI?
Title: DUI/DWI Talk
Post by: Jim Cobb on April 29, 2008, 08:18:07 am
Quote from: Todd;187863
So...not to seem dense (which sometimes I am), but what the fuck made it an aggravated DWI?

You don\'t have to answer if you don\'t want to...


i was wondering the same thing.  i can\'t really see joc trying to evade a cop...



just got to mention, joc, if you\'re feeling shitty about this, let me remind you that sharing your experience with us has helped many people on this board think more about their own actions, and you may very well have helped someone here avoid a tremendous disaster.

if our mistakes can help someone else, then we\'ve transformed previous mistakes into a positive force.  i think that\'s a pretty powerful thing if you ask me.
Title: DUI/DWI Talk
Post by: derickw on April 29, 2008, 08:33:24 am
Quote
blood alcohol concentration of .16% or higher

^^^^not that hard to do
Title: DUI/DWI Talk
Post by: tyzack on April 29, 2008, 09:10:16 am
Quote from: Jim Cobb;187868

if our mistakes can help someone else, then we\'ve transformed previous mistakes into a positive force.  i think that\'s a pretty powerful thing if you ask me.


i\'m sure as shit not doing it.
Title: DUI/DWI Talk
Post by: postom on April 29, 2008, 09:58:18 am
this is an old friend of mine we used to hang out with in college:

http://capitalnews9.com/content/top_stories/49994/averill-park-woman-indicted-for-homicide/Default.aspx

she had a .13 and killed a 17 year old kid who was walking out in the road.  she didn\'t get convicted of the homicide but eventually went to jail for a year with part of it suspended just on the dwi charge.

she had three beers.  accidents happen and if you accidentally hit someone while under the influence you\'re seriously fucked.

i also lost one of my best friends in college - she always drove drunk and was \'invincible\' but one day it caught up with her in 1998 and she killed herself and a few other people over near waterbury on 84.

everyone please be careful in the future.

i am not saying that i have been completely innocent there have been probably 4 or 5 times i have teetered the line in my life but you can have 2-3 drinks over the course of a show and still legally be sober enough to drive home and still have a great time at the show. just make sure you do your math and chill out for a bit if you think you can\'t drive.

jocelyn good luck and keep us updated and let us know if we can help with anything.
Title: DUI/DWI Talk
Post by: ds673488 on April 29, 2008, 10:05:05 am
yeah my good friend from college just killed himself driving drunk this past fall.  came home from the bar at 2:30, went off the road and hit a tree.  it was sad for everyone, he had just graduated one of the top in his class at UB.
Title: DUI/DWI Talk
Post by: FrankZappa on April 29, 2008, 02:02:14 pm
Quote from: tyzack;187866
Since this thread has hints of a general discussion on the topic, I might as well ask.

Lets say it\'s late at night and I get pulled over for driving behaviours that appear to suggest I am under the influence.

If I was running a BAC of 0, you are saying that I could still be arrested for DUI/DWI?


While I\'m no expert I don\'t see how you could be charged for DWI or DUI in this situation because your BOC ws 0.0, you were sober. Now there are various other reasons you might have been driving poorly and depending on what they are you could be charged with any number of things including posession. That said, I\'m assuming you didn\'t do anything and are simply over tired from a long day and need sleep. In this case, I would think you could still be charged with something and if you hit someone, assault with a deadly weapon could easily be among the charges.

I\'ve never fallen asleep at the wheel, but I\'m sure it happens and that there is some sort of law/fine for it. It would probably be nothing compaired to the fines for a dwi or dui if you didn\'t hit anything, but there\'s got to be something.
Title: DUI/DWI Talk
Post by: kindm's on April 29, 2008, 02:26:50 pm
Quote from: FrankZappa;187918
Quote from: tyzack;187866
Since this thread has hints of a general discussion on the topic, I might as well ask.

Lets say it\'s late at night and I get pulled over for driving behaviours that appear to suggest I am under the influence.

If I was running a BAC of 0, you are saying that I could still be arrested for DUI/DWI?


While I\'m no expert I don\'t see how you could be charged for DWI or DUI in this situation because your BOC ws 0.0, you were sober. Now there are various other reasons you might have been driving poorly and depending on what they are you could be charged with any number of things including posession. That said, I\'m assuming you didn\'t do anything and are simply over tired from a long day and need sleep. In this case, I would think you could still be charged with something and if you hit someone, assault with a deadly weapon could easily be among the charges.

I\'ve never fallen asleep at the wheel, but I\'m sure it happens and that there is some sort of law/fine for it. It would probably be nothing compaired to the fines for a dwi or dui if you didn\'t hit anything, but there\'s got to be something.


You do not have to have a BAC (blood ALCOHOL Level) to be charged with DUI. If the officer believes you to be impaired your impaired. This is how they bust people who are high. If you weren\'t drinking but stoned you would not register a BAC. They will give you a field sobriety test. If you fail that or if they still feel that you are impaired they can arrest you. it is a judgment call by the police. Prescriptions, illegal substances etc are all on the table.

I know this because I was charged for DUI and I wasn\'t drinking alcohol. It was such a blast sitting a room of hard core drunks as they would go around the room and ask everyone what their BAC was at the time of arrest. I would always grin and say 0. The counselor hated me for it, I really thought she was going to recommend I repeat the classes.
Title: DUI/DWI Talk
Post by: Dweasel Weasel on April 29, 2008, 04:23:05 pm
Joc - I\'m an attorney.   I\'d be happy to give you some free advice, but you need someone licensed in NH to represent you.  CT\'s law is slightly more lenient and gives you the opportunity to get the charges dismissed upon completion of "alcohol education" classes.  There is also a work permit available for your first time that allows you to drive to and from work.  No such luck up north, unfortunately.  
If you need a referral to someone in NH, I can give you a few.

For anyone else interested in learning more about CT\'s DUI laws, check out the website run by my colleague, Jay Ruane, who is the premier DUI counsel in this state.   It is: http://www.ctdwi.com.  Tons of free information there.

Rock on.
Title: DUI/DWI Talk
Post by: tyzack on April 29, 2008, 04:35:50 pm
Another general question:

Rumor/legend/whatever says this:

Lets say I make the bad desicion to start driving. I realise my mistake and pull over at the next rest area and go to bed.

{for some reason}
A cop comes up to my car, I roll down my window, he smells the alcohol and I\'m arrested.

Is this true?
Title: DUI/DWI Talk
Post by: ChrisF on April 29, 2008, 04:53:10 pm
Quote from: tyzack;187941

Is this true?

i would say yes. just like if you commited any other crime and got caught after. you cant rob a bank and then decide to give the money back after and not expect to get arrested.
Title: DUI/DWI Talk
Post by: Dweasel Weasel on April 29, 2008, 04:54:32 pm
Quote from: tyzack;187941
Another general question:

Rumor/legend/whatever says this:

Lets say I make the bad desicion to start driving. I realise my mistake and pull over at the next rest area and go to bed.

{for some reason}
A cop comes up to my car, I roll down my window, he smells the alcohol and I\'m arrested.

Is this true?


In CT, the answer is probably YES.  As you know, the law prohibits "operation" of a motor vehicle on a public road (while intoxicated).  Court decisions have determined that "operation" can mean simply having the keys in the ignition.  So, passed out on the side of the road could still be considered a DUI under certain circumstances.

While I don\'t condone DUI\'s, the law has become so draconian that it\'s getting ridiculous.  The lobbying efforts of MADD have made DUI laws more intense than murder/arson/rape these days.  Another example of politicians passing laws to get votes and not understanding how the rubber meets the road.  (Wait till you see what a mess the prisons are going to become as a result of the public\'s knee-jerk reaction to the Cheshire murders.  The laws being petitioned make great sound bites, but have ridiculous consequences.)
Title: DUI/DWI Talk
Post by: skalnbyc on April 29, 2008, 05:09:15 pm
Quote from: Dweasel Weasel;187955


While I don\'t condone DUI\'s, the law has become so draconian that it\'s getting ridiculous.  The lobbying efforts of MADD have made DUI laws more intense than murder/arson/rape these days


I agree:  .08 today.... .04 tomorrow....then...  the endgoal for MADD is probably 0.000 and nothing more.  Kind of like the gun control people, endgame is disarmament.  

Back in the day, cops would probably follow you home and call it a night after getting pulled over Booztravelin\'.  My dad told me he was driving and swerving drunk on the sidewalks in California in the early 1960s and told the cop he was "flying".  The guy laughed and sent him home.
Title: DUI/DWI Talk
Post by: Todd on April 29, 2008, 05:39:30 pm
Quote from: Dweasel Weasel;187955
Quote from: tyzack;187941
Another general question:

Rumor/legend/whatever says this:

Lets say I make the bad desicion to start driving. I realise my mistake and pull over at the next rest area and go to bed.

{for some reason}
A cop comes up to my car, I roll down my window, he smells the alcohol and I\'m arrested.

Is this true?


In CT, the answer is probably YES.  As you know, the law prohibits "operation" of a motor vehicle on a public road (while intoxicated).  Court decisions have determined that "operation" can mean simply having the keys in the ignition.  So, passed out on the side of the road could still be considered a DUI under certain circumstances.

Sit in the passenger or rear seat with your keys on the floor and I believe you are fine. (Don\'t sue me if I\'m incorrect)
Title: DUI/DWI Talk
Post by: Gordo on April 29, 2008, 07:09:29 pm
Quote from: Todd;187962
Quote from: Dweasel Weasel;187955
Quote from: tyzack;187941
Another general question:

Rumor/legend/whatever says this:

Lets say I make the bad desicion to start driving. I realise my mistake and pull over at the next rest area and go to bed.

{for some reason}
A cop comes up to my car, I roll down my window, he smells the alcohol and I\'m arrested.

Is this true?


In CT, the answer is probably YES.  As you know, the law prohibits "operation" of a motor vehicle on a public road (while intoxicated).  Court decisions have determined that "operation" can mean simply having the keys in the ignition.  So, passed out on the side of the road could still be considered a DUI under certain circumstances.

Sit in the passenger or rear seat with your keys on the floor and I believe you are fine. (Don\'t sue me if I\'m incorrect)


I always heard that if the keys are something like 15 ft. from the vehicle you\'re fine?
Title: DUI/DWI Talk
Post by: solver on April 29, 2008, 10:16:56 pm
Quote from: Dweasel Weasel;187955

While I don\'t condone DUI\'s, the law has become so draconian that it\'s getting ridiculous. The lobbying efforts of MADD have made DUI laws more intense than murder/arson/rape these days. Another example of politicians passing laws to get votes and not understanding how the rubber meets the road. (Wait till you see what a mess the prisons are going to become as a result of the public\'s knee-jerk reaction to the Cheshire murders. The laws being petitioned make great sound bites, but have ridiculous consequences.)

totally... got two buddies goin\' through the court system blowback of that tragedy right now. they know right from wrong and are not even close to jail material, but everyone is so shook from what happened, it\'s obvious that the court is [at least slightly] less objective.
 
i think you said it best, a lot of these laws, especially the dui laws, are draconian, but in the same light, they worked on me. i don\'t even drink anymore; best way to avoid punishment.
Title: DUI/DWI Talk
Post by: tyzack on April 30, 2008, 07:50:04 am
I surprised that CT has mandatory minimums for DUIs - seems a bit darconian.

Also, on my previous question, I am curious as to how a cop would go about "arresting" you for sleeping in your car. Unless they go around knocking on the windows of every car in the rest area to check for drunk drivers. And I\'m not sure you would be "required" to roll down your window if they knock.

Another point:
People have mentioned making 0.0 the law, now that is something I am not nessarcily opposed to. If they were to equate the punishment based off how drunk you are, that would make sense. I don\'t think that a person driving with one beer (.02) is the same threat as a person driving with 5 (.1) [i don\'t care about the math, i\'m making a point] but that doesn\'t seem to be the case in CT, MA, or RI.

Though the more I think about it, it actually makes alot of sense. It gets the point accross that there is no acceptable amount (my personal view, though I don\'t always follow it. I have a "1 beer per set rule" which, if I remember my DARE correctly (body processes 1 beer an hour) would put me somewhere between 0.0 and 0.02), but if you have fines/suspensioned scaled progressively off your BAC (independant of the current scale of number of offenses) it would be a.) logical and b.) please most people.
Title: DUI/DWI Talk
Post by: derickw on April 30, 2008, 08:13:04 am
if 0.00 were the limit no one would go out to bars anymore
Title: DUI/DWI Talk
Post by: Yoda on April 30, 2008, 08:38:34 am
One 12 oz beer = 0.8 BOC (for the most part)  

Thinks that will help you bring that count down: time, drink lots of water and eat something.

I don\'t agree with making the limit 0.0; that would only work if no one had any self control.  If your of legal drinking age and have a car/license, it is your responsibility to control yourself.  It shouldn\'t be up to the government to completely control your consumption.  You have to be responsible enough to know when you\'ve had to too much to drive and make alternate plans if that\'s the case.  The reason that the BOC level is what it is, is because we all know cases where someone has lost control of their car after having a couple drinks.  It\'s all about self control and responsibility.
Title: DUI/DWI Talk
Post by: Dweasel Weasel on April 30, 2008, 08:47:38 am
What\'s ironic about the "crime" of DUI is that it doesn\'t prohibit drinking and driving, it just prohibits the degree of drinking and driving.  Tyzack is absolutely right that alcohol affects different people differently.  That is why in CT the .08 limit is considered the "per se" limit:  it doesn\'t matter if your senses are actually at .08, you are deemed intoxicated at that level.  
There is some science that provides a rational basis for that level - on the bell curve most people feel some effects at .08.   But keep in mind that what pushed CT to change from .10 to .08 was that Congresstied federal highway money to states with .08 limits.  Even though lowering the limit meant busier cops, less space in prisons, and busier courts, CT had no choice.  Before the change it was still a crime to drive with a level between .06 - .10 (that was call Driving While Impaired).  Now that the DUI limit is .08, we no longer have an impaired statute and it is no longer a crime to drive at .07.  

If all of this makes sense to you, you should run for office.  it is a mess that keeps my profession in business.  (Although this sounds disturbingly like the Dark Lord, Dick Cheney...) Sometimes when politicians pander to the public\'s emotions (e.g. Cheshire), the public loses in the long run.
Title: DUI/DWI Talk
Post by: booztravlr on April 30, 2008, 08:59:56 am
Quote from: Yoda;188049
One 12 oz beer = 0.8 BOC (for the most part)


I\'m not sure what a \'BOC\' is but if you\'re referring to BAC (Blood Alcohol Content) 0.8 is twice the lethal dose limit in 50% of adults.

If you meant to say 0.08, you\'re still wrong. It would take 4 beers for a male between the 160-180lbs to reach 0.08/0.09 BAC.

http://en.wikipedia.org/wiki/Blood_alcohol_content
Title: DUI/DWI Talk
Post by: Yoda on April 30, 2008, 09:09:14 am
I wouldn\'t trust the accuracy of wikipedia, but assuming that it\'s correct, wouldn\'t it be safe to say that it would be in someone\'s best interest to limit themselves to two drinks early in the night if they know that they have to drive?  Like I said before, it all comes down to self control.
Title: DUI/DWI Talk
Post by: postom on April 30, 2008, 10:59:34 am
Quote from: booztravlr;188052
Quote from: Yoda;188049
One 12 oz beer = 0.8 BOC (for the most part)

I\'m not sure what a \'BOC\' is but if you\'re referring to BAC (Blood Alcohol Content) 0.8 is twice the lethal dose limit in 50% of adults.

If you meant to say 0.08, you\'re still wrong. It would take 4 beers for a male between the 160-180lbs to reach 0.08/0.09 BAC.

http://en.wikipedia.org/wiki/Blood_alcohol_content


one of these days i\'m buying a breathalyzer.  when i do you can all use it after shows :)
Title: DUI/DWI Talk
Post by: kindm's on April 30, 2008, 11:04:17 am
Quote from: Yoda;188053
I wouldn\'t trust the accuracy of wikipedia, but assuming that it\'s correct, wouldn\'t it be safe to say that it would be in someone\'s best interest to limit themselves to two drinks early in the night if they know that they have to drive?  Like I said before, it all comes down to self control.


This is probably the safest thing to do if you must drink at all. recently I have been having nothing to drink when I am driving. I have found the freedom of worry to be very uplifting to some extent. If you haven\'t had a drop then the police have nothing. And if you aren\'t carrying  etc it is even better.

I have no problem with the police setting limits to BAC. What I do take issue with is the infringement of our constitutional rights because of MADD. Because of MADD it is OK for the police to setup "safety checkpoints" ie. Road Blocks. It was their organization that pushed for this crap. Now it is being used more and more under the guise of safety, when we all know it is a dragnet and IMHO and infringement on my rights as a US citizen. Having to stop and show papers simply because you happen to be on a road. That is about as unamerican as you can get. Of course SCOTUS says it isn\'t really an inconvenience so they say it is OK.

This is the major reason why the founder of MADD left the organization. She has stated many times that they have become fanatic about Prohibition and that was not the original intent of the group.

They have also encouraged police in Texas (where they are based) to go in to bars and arrest people for public intoxication (how being in a private establishment is public is beyond me). People who are just sitting there drinking, not near a car or whatever. They justify everything they do as "Think of the Children".

RE: Sleeping it off in your car.

It depends on the state but if your keys are within reach they can arrest you. If you must sleep in your car, DO NOT leave the keys in the ignition, DO NOT have them in your pockets, If you can lock them in the trunk or something. Of course it really will come down to whether or not the police officer really wants to give you a hard time. It sucks when people try to do the right thing by getting off the road and not driving to then get busted for it.
Title: DUI/DWI Talk
Post by: Todd on April 30, 2008, 11:14:04 am
A bar I used to go to had a "novelty" breathalyser machine just inside the door. It would cost you a quarter to have your breath measured. It clearly stated that it was not to be used to determine weather or not you\'d get busted. It lasted for a couple years until some dingleberry decided to sue the bar and the machine manufacturer.
Title: DUI/DWI Talk
Post by: davepeck on April 30, 2008, 11:21:22 am
keychain breathalyzer for anyone interested:

http://www.drinkingstuff.com/drinkingstuff_gadgets_ds0001.htm
Title: DUI/DWI Talk
Post by: postom on April 30, 2008, 12:29:50 pm
Quote from: davepeck;188092
keychain breathalyzer for anyone interested:

http://www.drinkingstuff.com/drinkingstuff_gadgets_ds0001.htm

if only it had a .05-.08 limit instead of .05-.1.
Title: DUI/DWI Talk
Post by: kindm's on April 30, 2008, 01:45:45 pm
:rolleyes

MADD’s Statement Regarding Grand Theft Auto IV

Each year nearly 13,500 people die in drunk driving crashes and another half a million are injured in alcohol-related traffic crashes. This is why MADD is extremely disappointed by the decision of the manufacturers of the game Grand Theft Auto IV to include a game module where players have to drive drunk. Drunk driving is not a game and it is not a joke. Drunk driving is a choice, a violent crime and it is also 100 percent preventable. MADD is calling on the Entertainment Software Ratings Board to reclassify Grand Theft Auto IV as an Adults Only game, a step up from the current rating of Mature and for the manufacturer to consider a stop in distribution – if not out of responsibility to society then out of respect for the millions of victims/survivors of drunk driving.
Title: DUI/DWI Talk
Post by: SlimPickens on April 30, 2008, 03:28:06 pm
Quote from: Todd;188090
A bar I used to go to had a "novelty" breathalyser machine just inside the door. It would cost you a quarter to have your breath measured. It clearly stated that it was not to be used to determine weather or not you\'d get busted. It lasted for a couple years until some dingleberry decided to sue the bar and the machine manufacturer.


that wasn\'t a novelty breathalyser, it was a gloryhole and some christmas tree lights!
Title: DUI/DWI Talk
Post by: Todd on April 30, 2008, 03:42:47 pm
Quote from: SlimPickens;188136
Quote from: Todd;188090
A bar I used to go to had a "novelty" breathalyser machine just inside the door. It would cost you a quarter to have your breath measured. It clearly stated that it was not to be used to determine weather or not you\'d get busted. It lasted for a couple years until some dingleberry decided to sue the bar and the machine manufacturer.


that wasn\'t a novelty breathalyser, it was a gloryhole and some christmas tree lights!


Well...then I\'m very glad I never used the thing!!!
Title: DUI/DWI Talk
Post by: tyzack on April 30, 2008, 04:24:50 pm
On GTA IV:

(and video games in general)

IT IS A GAME.

No one ever complained when Lego made pirate ships complaining that they promoted murder, piracy and everything cool.

On sleeping:
I am still not sure that I have to open the door if a cop knocks on my window.
Title: DUI/DWI Talk
Post by: SlimPickens on April 30, 2008, 05:36:20 pm
Quote from: tyzack;188141
On GTA IV:

(and video games in general)

IT IS A GAME.

No one ever complained when Lego made pirate ships complaining that they promoted murder, piracy and everything cool.

On sleeping:
I am still not sure that I have to open the door if a cop knocks on my window.


Just for argument sake:  the lego pirate ship didn\'t graphically show rape, murder and the other cool stuff you can do on GTA.  

And second:  If you don\'t want your window smashed in, I\'d say open the door.
Title: DUI/DWI Talk
Post by: tyzack on May 01, 2008, 07:01:08 am
Quote from: SlimPickens;188151
Quote from: tyzack;188141
On GTA IV:

(and video games in general)

IT IS A GAME.

No one ever complained when Lego made pirate ships complaining that they promoted murder, piracy and everything cool.

On sleeping:
I am still not sure that I have to open the door if a cop knocks on my window.


Just for argument sake:  the lego pirate ship didn\'t graphically show rape, murder and the other cool stuff you can do on GTA.  

And second:  If you don\'t want your window smashed in, I\'d say open the door.


Okay maybe not rape, but you can definetly do murder.

Steps:
1.) Remove the head from one figure
2.) Take the sword from another figure and place it on the neck of the currently headless dude
3.) Hold the sword in place while replacing the head on the body, you now have a figure who is actively being murdered.

You can do the same with a sword to the stomach.

No, you can\'t do rape.
Title: DUI/DWI Talk
Post by: derickw on May 01, 2008, 08:33:41 am
the cops will bust your window to make sure your alive. i would think as long as the keys weren\'t in the ignition and your not booting out the door or window the cops wont bother you. they\'ll only bust your balls if your being shady
Title: DUI/DWI Talk
Post by: Yoda on May 01, 2008, 09:40:17 am
http://wcbstv.com/seenon/nj.woman.shot.2.603742.html

This happened recently in my town and the next town over.  What the article doesn\'t mention is that she was drunk and sleeping it off.  And cops will give you a hard time for sleeping in your car.  Paul - do you remember the cop that wouldn\'t let us crash in the diner parking lot on the way home from Oswego.  I figure it\'s better to sleep in a parking lot off the road, rather than sleeping on the highway doing 60+ mph.
Title: DUI/DWI Talk
Post by: tyzack on May 01, 2008, 10:28:49 am
Quote from: Yoda;188201
http://wcbstv.com/seenon/nj.woman.shot.2.603742.html

This happened recently in my town and the next town over.  What the article doesn\'t mention is that she was drunk and sleeping it off.  And cops will give you a hard time for sleeping in your car.  Paul - do you remember the cop that wouldn\'t let us crash in the diner parking lot on the way home from Oswego.  I figure it\'s better to sleep in a parking lot off the road, rather than sleeping on the highway doing 60+ mph.


I know they bust you for sleeping on the side of the road - happened to me a few years ago in CT.

I had assumed that if you were "resting" at a "rest" area, everything would be fine and dandy.

Dinner parking lots are private property, so I guess they might have a case.

Moral of the story; don\'t drink and drive, but we already knew that.

And no, I don\'t know how to simulate legos drunk driving, because i don\'t think you can make them drink, but I don\'t know that for sure.
Title: DUI/DWI Talk
Post by: Jim Cobb on May 01, 2008, 11:09:41 am
(http://seemikedraw.files.wordpress.com/2007/10/lego-prostitute.gif)
(http://zlatko.myweb.uga.edu/pictures/lego_sex_2.jpg)
(http://banditosbanditosbanditos.typepad.com/weblog/WindowsLiveWriter/grant%20theft%20lego.jpg)

legos and gta = less of a separation than we thought...
Title: DUI/DWI Talk
Post by: tyzack on May 01, 2008, 11:42:19 am
jesus
Title: DUI/DWI Talk
Post by: jocelyn on May 01, 2008, 01:57:22 pm
Thanks everyone for being supportive and understanding. I am obviously not looking for anyone to condone or write off my behavior. I am saddened, embarrassed, and generally sick about what I have done, not to mention very scared about what I am about to go through. The only thing that offers a bit of consolation is knowing that I did not hurt anyone.

A lot of you here are friends whom I trust and care about, so it seemed logical to share what I am going through with you. I am sorry if it angered or irritated anyone, or made anyone think that I could possibly be trivializing my actions.
Title: DUI/DWI Talk
Post by: Jim Cobb on May 01, 2008, 03:10:15 pm
i\'ve got nothing but love for you, dear, i\'m grateful that you are okay.
Title: DUI/DWI Talk
Post by: SlimPickens on May 01, 2008, 03:17:40 pm
Quote from: jocelyn;188229
Thanks everyone for being supportive and understanding. I am obviously not looking for anyone to condone or write off my behavior. I am saddened, embarrassed, and generally sick about what I have done, not to mention very scared about what I am about to go through. The only thing that offers a bit of consolation is knowing that I did not hurt anyone.

A lot of you here are friends whom I trust and care about, so it seemed logical to share what I am going through with you. I am sorry if it angered or irritated anyone, or made anyone think that I could possibly be trivializing my actions.


Don\'t get too down on yourself Joc.  You made a mistake (that thousands of people make), but you didn\'t hurt anyone.  It\'s not whether you get knocked down, it\'s whether you get up (V. Lombardi).
Title: DUI/DWI Talk
Post by: postom on May 01, 2008, 05:25:19 pm
what doesn\'t kill you only makes you stronger. :)
Title: DUI/DWI Talk
Post by: derickw on May 07, 2008, 01:24:51 pm
yet another reason why i don\'t trust the gang in blue

http://news.yahoo.com/s/ap/videotaped_police_beating
Title: DUI/DWI Talk
Post by: kindm's on May 07, 2008, 05:20:48 pm
I learned something about BAC the other day that I was unaware of.

It seems that women process alcohol through their bodies slower than men do. So ladies keep it in mind that if you are even close to being altered that if you get pulled over there is a very good chance you will blow a higher BAC as your body isn\'t as efficient at processing the alcohol out of your system

Just another reason to take a guy home ;)
Title: DUI/DWI Talk
Post by: peaches626 on May 11, 2008, 01:16:03 pm
Once, at Spring Weekend at Uconn, I got waste-case at whatever night it was, and had a buddies dorm-room lined up to crash in.  Unfortunately, we got seperated somewhere through the night and I ended up locked out of his dorm at like 4 am.  It was pouring rain, so I could only attempt to break in for about 15 minutes before giving up and going to sleep in my car in the parking lot behind "The Jungle".  It was freezing cold and raining Hurricane Bob-style, so I turned on my car to get some heat goin, and passed out in the driver\'s seat.  I woke up two hours later with my car still running and a ticket on my windshield for not having a permit to park in that specific parking lot.  Oops.
Title: DUI/DWI Talk
Post by: FrankZappa on May 11, 2008, 01:46:47 pm
Quote from: kindm\'s;188935
I learned something about BAC the other day that I was unaware of.

It seems that women process alcohol through their bodies slower than men do. So ladies keep it in mind that if you are even close to being altered that if you get pulled over there is a very good chance you will blow a higher BAC as your body isn\'t as efficient at processing the alcohol out of your system

Just another reason to take a guy home ;)


:lol:

Quote from: peaches626;189320
Once, at Spring Weekend at Uconn, I got waste-case at whatever night it was, and


so how many stories do you think start this way?
Title: DUI/DWI Talk
Post by: jocelyn on August 23, 2008, 01:00:47 pm
Got mail today stating what the prosecution is recommending:

* $1500 fine plus 20% penalty assessment
* 18 month license suspension
* One of those in-car breathalyzer things
* 3 days in HOC, followed immediately by one week in-patient rehab
* 2 years probation

This is all pending good behavior. If I were to screw up, it\'d be a bigger fine, 2 year license loss, and 6 months in jail.

*sigh*
Title: DUI/DWI Talk
Post by: Mark on August 23, 2008, 01:20:58 pm
Ugh sorry Joc.

See Southbridge thread for my near-death experience last night.

Step up the carpooling with designated drivers folks cause this shit sucks, really sucks.
Title: DUI/DWI Talk
Post by: ds673488 on August 23, 2008, 01:22:02 pm
well, you certainly made me not want to drive drunk ever, so thanks for that.

sorry for the harsh penalties
Title: DUI/DWI Talk
Post by: Yoda on August 23, 2008, 01:27:26 pm
Sorry Joc.  I know that I\'ve been an ass in this thread in the past, but honestly feel for you.  My anger of my car was misguided at your situation.  Fight this if you can; you don\'t deserve all of those punishments, that\'s just overkill.
Title: DUI/DWI Talk
Post by: Me! on August 23, 2008, 02:43:06 pm
I\'ve heard you have to pay for the installation of the in car breathalizer, any word on that, if so how much is it?
Title: DUI/DWI Talk
Post by: kindm's on August 23, 2008, 03:51:43 pm
Quote from: jocelyn;200304
Got mail today stating what the prosecution is recommending:

* $1500 fine plus 20% penalty assessment
* 18 month license suspension
* One of those in-car breathalyzer things
* 3 days in HOC, followed immediately by one week in-patient rehab
* 2 years probation

This is all pending good behavior. If I were to screw up, it\'d be a bigger fine, 2 year license loss, and 6 months in jail.

*sigh*


Do you have a lawyer ?

This seems pretty F-ing harsh for a 1st offense.

If your license is going to be suspended then why the in car breathalyzer ?

They are rec. rehab for a 1st offense ?? that seems crazy. I had to go to alcohol awareness classes for a long time but no 1 week in facility.

If you haven\'t spoken to or procured a lawyer I would suggest getting 1 ASAP. They will knock a lot of this crap right down. This looks like a prosecution wish list.
Title: DUI/DWI Talk
Post by: Mark on August 23, 2008, 04:20:01 pm
Mike I completely agree. This type of punishment might be appropriate for a 2nd or 3rd offense, but not the first, no way.

Some guy in CT just got nabbed for the 15th time!  WTF!!!
Title: DUI/DWI Talk
Post by: Dweasel Weasel on August 23, 2008, 04:37:26 pm
Unfortunately for Jocelyn, CT law doesn\'t apply.  Unlike CT, many states don\'t have a "first-timer\'s" program where you take classes for your first offense.

What\'s worse is that if she were to get pinched in CT, she wouldn\'t be eligible for the program because of the out-of-state conviction.
Title: DUI/DWI Talk
Post by: skalnbyc on August 23, 2008, 06:49:16 pm
I agree, definitely seems like an over-the-top punishment.  I mean, there are armed thugs who terrorize the streets and don\'t even get that kind of penalty.  

Do you have any idea what your level of intoxication was when they pulled you over?  I\'m just curious.
Title: DUI/DWI Talk
Post by: jocelyn on August 24, 2008, 02:39:36 pm
The reason it\'s all so harsh is because I got an aggravated DUI. Basically means my BAC was really really high. I still think it\'s crazy that I\'m getting nailed with all of this for a first time offense. My record is totally clean prior to this, with the exception of forgetting to show up to testify in court for a traffic accident I saw and getting arrested for it. I never expected to get off scott-free, nor do I think I deserve to, but this all seems pretty over-the-top.

I am getting the same penalty that someone would get if they were driving drunk and either assaulted a police officer or evaded arrest. Be really careful in NH, the laws for this type of thing are incredibly strict here!

I do have a lawyer, one who is considered to be the best around here for DUI cases. Unfortunately, there isn\'t much he can do. It was a waste of money really. The prosecuters and judges in the area I got pulled over are known for being sticklers who always go for the maximum punishment.

What makes this all so frustrating is that if I had not taken the breathalyzer, I would not be in this situation. The only way one can get an aggravated DUI is for the police to get a BAC reading, which they can\'t force you to give. Had I not blown, I would have gotten a regular DUI, which probably could have gotten dropped to a reckless driving charge. Instead I\'m going to end up with a Class A Misdemeanor on my record, I won\'t get my license back for fucking ever, and I\'ll probably spend a few days in jail.

Chris- yes, I do have to pay to get the breathalyzer installed into my car. No idea how much it will cost.
Title: DUI/DWI Talk
Post by: Overexjoesure on August 24, 2008, 02:49:44 pm
My heart goes out to you Joc. Hang in there buddy!!
Title: DUI/DWI Talk
Post by: Mark on August 24, 2008, 03:11:10 pm
Man this stinks.
Title: DUI/DWI Talk
Post by: Klout on August 24, 2008, 04:09:42 pm
damn thats wack. sounds like a raw deal to me. does your lawyer have any kind of working relationship with the prosecution/judge? doesnt sound like it. how did he get this rep of being the best if he can basically do nothing for you? did he inquire about the pull over or arrest porcedure at all? Thats what he should have done. Cops almost never do everything by the book and one tiny slip up is leverage for your attorney to cut a deal because it is a threat of getting the case dismissed if it were to go to trial.
Title: DUI/DWI Talk
Post by: lilblondie on August 24, 2008, 05:33:55 pm
Quote from: jocelyn;200375
The reason it\'s all so harsh is because I got an aggravated DUI. Basically means my BAC was really really high. I still think it\'s crazy that I\'m getting nailed with all of this for a first time offense. My record is totally clean prior to this, with the exception of forgetting to show up to testify in court for a traffic accident I saw and getting arrested for it. I never expected to get off scott-free, nor do I think I deserve to, but this all seems pretty over-the-top.

I am getting the same penalty that someone would get if they were driving drunk and either assaulted a police officer or evaded arrest. Be really careful in NH, the laws for this type of thing are incredibly strict here!

I do have a lawyer, one who is considered to be the best around here for DUI cases. Unfortunately, there isn\'t much he can do. It was a waste of money really. The prosecuters and judges in the area I got pulled over are known for being sticklers who always go for the maximum punishment.

What makes this all so frustrating is that if I had not taken the breathalyzer, I would not be in this situation. The only way one can get an aggravated DUI is for the police to get a BAC reading, which they can\'t force you to give. Had I not blown, I would have gotten a regular DUI, which probably could have gotten dropped to a reckless driving charge. Instead I\'m going to end up with a Class A Misdemeanor on my record, I won\'t get my license back for fucking ever, and I\'ll probably spend a few days in jail.

Chris- yes, I do have to pay to get the breathalyzer installed into my car. No idea how much it will cost.




hey lady...
sorry to hear about all the legal woes...a very good friend of mine got into the same sort of buisness and it was just a bummer....after all was said  and done they sent her to the big house for 30 days in Niantic, Ct...pretty little things do not belong in jail :) especially since the east coast doesnt seem to represent like the west coast with the celebs going in for 30 minutes...if only...anyways...she also had to get that thing installed in her car and it ran her a bit more then a grand i believe...but still between that, legal fees and insurance...you are pretty much better off with a bike...i have my fingers crossed that things will work out for you and a money tree with grow in your back yard :) but really as much as it sucks just be grateful that you are someone else didnt get hurt...
Title: DUI/DWI Talk
Post by: jocelyn on August 24, 2008, 08:31:56 pm
Quote from: Klout;200389
damn thats wack. sounds like a raw deal to me. does your lawyer have any kind of working relationship with the prosecution/judge? doesnt sound like it. how did he get this rep of being the best if he can basically do nothing for you? did he inquire about the pull over or arrest porcedure at all? Thats what he should have done. Cops almost never do everything by the book and one tiny slip up is leverage for your attorney to cut a deal because it is a threat of getting the case dismissed if it were to go to trial.


Yes, he knows the prosecutor and judge well. The trooper, unfortunately, was a brand-new statey and thus was careful to do everything completely by the book. My lawyer went over everything (my statement, the police statement, the breath testing, etc.) with a fine-toothed comb. Sometimes the cops don\'t screw anything up. This seems to be one of those cases. At my hearing my lawyer found a couple of little things to nit-pick that will be brought up at the trial, but I don\'t think it\'s anything that will get the case dismissed.

Anyhow my trial is September 12, so wish me luck...

Quote from: lilblondie;200393


hey lady...
sorry to hear about all the legal woes...a very good friend of mine got into the same sort of buisness and it was just a bummer....after all was said  and done they sent her to the big house for 30 days in Niantic, Ct...pretty little things do not belong in jail :) especially since the east coast doesnt seem to represent like the west coast with the celebs going in for 30 minutes...if only...anyways...she also had to get that thing installed in her car and it ran her a bit more then a grand i believe...but still between that, legal fees and insurance...you are pretty much better off with a bike...i have my fingers crossed that things will work out for you and a money tree with grow in your back yard :) but really as much as it sucks just be grateful that you are someone else didnt get hurt...


*sigh* Yeah, that\'s what I keep trying to remind myself.

Thanks for the kind words.

Quote from: ds673488;200387


im a little confused...if your BAC was really really high, why didnt you get a DWI?  DUI is typically .05-.08(or.10 depending on the state), and DWI is over that.  anything that i would consider to be really really high BAC would definitely palce me in the DWI range.  did you argue with the cops or something so thats why they bumped it up to an aggrivated DUI?  

Its just weird...it should be either:
1. DUI (BAC .05-.08) (about 3-4 drinks in your system)
2. DWI (BAC over.08) (more than 4 drinks in your system)
3. Aggravated DUI (BAC .05-.08) and you were acting up in some way


In NH, the 2 terms are used interchangeably. One doesn\'t denote a higher BAC. A DUI is anything over .08. Under that you don\'t get charged unless you\'re driving recklessly. Aggravated DUI is is BAC over .16, or a BAC of .08 with assault of a police officer, or resisting or evading arrest.

I was very polite with cooperative with the police, for what it\'s worth (which is nothing.)
Title: DUI/DWI Talk
Post by: Klout on August 24, 2008, 09:01:38 pm
damn rookie. anyway best of luck. your guy should be able to get your sentence reduced if he knows the prosecutor and judge well and has a least a few points to throw at them. shitty situation to be in, I been there, but try to stay positive and make the best of it. it will all be over eventually.
Title: DUI/DWI Talk
Post by: ds673488 on August 24, 2008, 09:07:55 pm
i cant help but think of my cousin vinny right now...
Title: DUI/DWI Talk
Post by: sallyalli on August 25, 2008, 02:48:44 pm
damn joc. this is so lame. let me know if i can do anythign for you.
Title: DUI/DWI Talk
Post by: Dweasel Weasel on August 25, 2008, 03:55:19 pm
Quote from: ds673488;200387
Quote from: jocelyn;200375
The reason it\'s all so harsh is because I got an aggravated DUI. Basically means my BAC was really really high. I still think it\'s crazy that I\'m getting nailed with all of this for a first time offense. My record is totally clean prior to this, with the exception of forgetting to show up to testify in court for a traffic accident I saw and getting arrested for it. I never expected to get off scott-free, nor do I think I deserve to, but this all seems pretty over-the-top.

I am getting the same penalty that someone would get if they were driving drunk and either assaulted a police officer or evaded arrest. Be really careful in NH, the laws for this type of thing are incredibly strict here!

I do have a lawyer, one who is considered to be the best around here for DUI cases. Unfortunately, there isn\'t much he can do. It was a waste of money really. The prosecuters and judges in the area I got pulled over are known for being sticklers who always go for the maximum punishment.

What makes this all so frustrating is that if I had not taken the breathalyzer, I would not be in this situation. The only way one can get an aggravated DUI is for the police to get a BAC reading, which they can\'t force you to give. Had I not blown, I would have gotten a regular DUI, which probably could have gotten dropped to a reckless driving charge. Instead I\'m going to end up with a Class A Misdemeanor on my record, I won\'t get my license back for fucking ever, and I\'ll probably spend a few days in jail.

Chris- yes, I do have to pay to get the breathalyzer installed into my car. No idea how much it will cost.


im a little confused...if your BAC was really really high, why didnt you get a DWI?  DUI is typically .05-.08(or.10 depending on the state), and DWI is over that.  anything that i would consider to be really really high BAC would definitely palce me in the DWI range.  did you argue with the cops or something so thats why they bumped it up to an aggrivated DUI?  

Its just weird...it should be either:
1. DUI (BAC .05-.08) (about 3-4 drinks in your system)
2. DWI (BAC over.08) (more than 4 drinks in your system)
3. Aggravated DUI (BAC .05-.08) and you were acting up in some way


Just like NH, there is no difference b/w DUI & DWI in CT.   When the legal limit here was .10 BAC, CT had an infraction charge called "driving while impaired" which applied to BAC\'s under .10.   Once the limit dropped, the "impaired" charge disappeared.
Title: DUI/DWI Talk
Post by: kindm's on August 25, 2008, 04:27:49 pm
Joc-

All I can say is do what you gotta do.

Don\'t feel bad about having to lean on your friends a bit. That is what they are there for.

I live in NY, My "classes" were in Danbury, CT. I had to get to Danbury like 1x a week for like 3 or 4 months. Which doesn\'t sound like a big deal except I was not allowed to drive. So anyway people are really understanding. I had guys from work who were nice enough to drive me there. Only 1 of the guys actually lived there and I would get a ride form guys who lived in the completely opposite direction etc.

A lot of people have to go through this unfortunately. Don\'t feel bad about asking for help, it sucks but eventually it will be over and you can forget about it (or at least put it out of your mind).

You will probably become very aware of public transit, cab companys, Hotels next to venues etc. Join the club it isn\'t all that bad :)
Title: DUI/DWI Talk
Post by: oldnewbie on August 25, 2008, 08:46:25 pm
well....at least some here can be happy about the outcome. we can all read back to see who thinks she got what she deserved. this issue is likely going to keep me from traveling much for shows. cain\'t keep letting it ride  with the house odds against me. chin up joc.
Title: DUI/DWI Talk
Post by: Me! on August 25, 2008, 10:57:59 pm
Quote from: jocelyn;200375

What makes this all so frustrating is that if I had not taken the breathalyzer, I would not be in this situation. The only way one can get an aggravated DUI is for the police to get a BAC reading, which they can\'t force you to give. Had I not blown, I would have gotten a regular DUI, which probably could have gotten dropped to a reckless driving charge.


One of the guys I work with had a DUI, and after the fact his lawyer told him never
 to take the breathalizer.
Title: DUI/DWI Talk
Post by: tyzack on September 02, 2008, 09:57:34 am
This isn\'t really a DUI comment, but it does deal with getting pulled over:

I was driving in east-bumble fuck wymoning last week (link to appox location: http://maps.google.com/?ie=UTF8&ll=43.132889,-110.204823&spn=0.009646,0.017059&t=h&z=16 (http://maps.google.com/?ie=UTF8&ll=43.132889,-110.204823&spn=0.009646,0.017059&t=h&z=16) )

and got pulled over for doing 82ish in a 65.

I was freaking out because I knew that in MA that would probably be reckless endangerment ontop of a very high-hundreds dollar fine. I was basically hoping I wouldn\'t be towed.

After explaining to the friendly cop that MA registration/insurance was on the same form (he was a bit perplexed) he went away.

He came back with a $79 dollar ticket. I am shocked. Then comes the kicker:

He is CUTTING $20 OFF THE TICKET (to $59) because both my sister and I were WEARING OUR SEATBELTS.

I was floored. I stammered, took the ticket, thanked the office and drove off.

So, moral of the story, if you are driving in Wyoming, and speeding, wear your seat belt - not because it\'s the law, but because you\'ll get a discounted ticket.
Title: DUI/DWI Talk
Post by: ds673488 on September 02, 2008, 12:14:06 pm
damn, you really were in the middle of nowhere
Title: DUI/DWI Talk
Post by: jocelyn on September 02, 2008, 03:45:57 pm
According to an ex-coworker of mine who used to live there, Wyoming used to have drive-through liquor stores.

Of course, she was probably just jerking me around.
Title: DUI/DWI Talk
Post by: tyzack on September 02, 2008, 03:49:10 pm
There are two Adult Super-stores that advertise:

1.) Lion\'s Den: Has drive-through service

2.) (I forget this ones name): Has Blue-ray videos.
Title: DUI/DWI Talk
Post by: jocelyn on September 02, 2008, 03:51:33 pm
Well that\'s pretty good. I mean, every minute I have to spend walking around in one of those stores is a minute less I could be spending with my new anal beads.
Title: DUI/DWI Talk
Post by: Gfunk on September 02, 2008, 03:52:52 pm
Quote from: jocelyn;201251
According to an ex-coworker of mine who used to live there, Wyoming used to have drive-through liquor stores.

Of course, she was probably just jerking me around.


There are drive through liquor stores all over the south if i\'m not mistaken.
Title: DUI/DWI Talk
Post by: krispy on September 02, 2008, 03:53:02 pm
there are drive through liquor stores all over the place.  they do exist.


Joc, hang in there. you\'ll make it!
Title: DUI/DWI Talk
Post by: Gfunk on September 02, 2008, 03:54:21 pm
Quote from: jocelyn;201254
Well that\'s pretty good. I mean, every minute I have to spend walking around in one of those stores is a minute less I could be spending with my new anal beads.


:wah:
Title: DUI/DWI Talk
Post by: jocelyn on September 02, 2008, 03:54:37 pm
Thanks Krispy, and everyone else who has been so supportive. I know this isn\'t the end of the world, it\'s just really a bummer, and I really don\'t want to go to jail! Any NH peeps have any Valley St. connections? :lol:
Title: DUI/DWI Talk
Post by: skalnbyc on September 02, 2008, 05:13:43 pm
What is so strange about drive-through liquor stores?  If you are buying alcohol, how is getting it via a window from your car different from walking into the store and buying the same exact product? If they are serving drinks in to-go cups for the road, I\'d understand and would think it was weird/questionable.  Is that what they do down south?
Title: DUI/DWI Talk
Post by: postom on September 02, 2008, 11:24:05 pm
tyzack - i\'ve heard that road is really beautiful.  i bet it was worth the ticket. :)

fwiw, i have pictures of me in the passenger seat of a car in wyoming drinking a beer, because, well, its legal there.  apparently it used to be legal to drive and drink a beer up until a year or two ago as long as you weren\'t legally intoxicated.


as for drive-thru liquor stores, they have them as north as the philadelphia area.  the kicker is the one time that i actually went to one, they were having a tasting.  it ruled.
Title: DUI/DWI Talk
Post by: tyzack on September 03, 2008, 07:06:40 am
Quote from: alexanderzurflu;201282
What is so strange about drive-through liquor stores?  If you are buying alcohol, how is getting it via a window from your car different from walking into the store and buying the same exact product? If they are serving drinks in to-go cups for the road, I\'d understand and would think it was weird/questionable.  Is that what they do down south?


they have drive-through liqour stores in RI.
Title: DUI/DWI Talk
Post by: bezerker on November 05, 2008, 08:37:26 am
wow reality is really starting to sit in.  fuck.  :puts o bla di on repeat all day long :
Title: DUI/DWI Talk
Post by: krispy on November 05, 2008, 01:06:33 pm
good luck broski, that really blows...
Title: DUI/DWI Talk
Post by: postom on November 05, 2008, 01:46:31 pm
gabo, get a good lawyer
Title: DUI/DWI Talk
Post by: gitCHu ONe. on November 05, 2008, 02:46:30 pm
Okay so I read the whole thread. Never heard more from Joc about what her outcome was. I have seen her on other threads recently so it doesn\'t appear as if they locked her up... for too long at least.

There are a few things I do want to comment on though.

In most states you can get a DUI not in a car, but if you are "in control of the vehicle". This includes having your keys, period. For the comment about sleeping it off in your car, get rid of the keys! You can still get a public intox charge anyway. Like was mentioned, the cops will try and get you for anything and everything. If it\'s not one thing it\'s another.

A lot of states have started using the in-car breathalyzer called an "inter-lock device". Luckily (if you can say that) when I got my DUI here in NV they don\'t have this, but in AZ at least where they do, you have to pay to have it installed and pay a monthly calibration fee. I have known people there who have had no vehicle (got a DUI in someone else\'s car, or sold their car to pay their fines etc) but were still required to have a year of the device in THEIR car. This rolled over to them having to wait until they actually had a car of their own again. Bullshit right? Also, AZ will put you out in "tent city" for a few days which blows because the desert is either really super hot (summer= all the time), or really freaking cold at night (winter time).

Whenever MADD/local PD set up road blocks, they are required to notify the public of when and where these will be put in place. Also, these rarely yield any DUIs. They understand this. The point of a road block is to raise awareness to the public. It\'s the "make you think twice about driving intoxicated" thing. And it works. But remember, if you didn\'t hear about it and you are in line to get checked, they do have motorcycle cops waiting to see people turn a U-ey out of line. Even if you aren\'t intoxicated, they will get you for some sort of moving violation.

You can get a DUI just being impaired. Someone mentioned this. Yes, reckless driving will make it easy to spot you, but I\'ve heard stories about people getting DUIs three days later with THC in their system. I never knew this before, but THC can be tested as "nanagrams" through your urine or blood and there is a set level that shows impairment. It\'s really low btw. Like 2 nG, and a single toke can put you in the hundreds easily. But, most of the time you will not get busted for a DUI if you\'ve been THC\'ing it up unless you\'re in the act of smoking, or you tell the cop you\'ve been (duh!). Keep your mouth shut and don\'t smell like too much **** all the time. This can also happen with prescription drugs and/or caffeine etc. That\'s the cop\'s discretion.

How things look so differently in retrospect, the night I got my DUI, taking a taxi was an option. At the time I looked at it and saw that the ride would cost me $60 one way, then $60 to come get me and bring me back to my car. Now i see that $120 was MUCH cheaper than the thousands I have spent to pay fines, take classes, get car outta impound. It went on and on. I was guilty, I plead guilty. Am now suffering the consequences. Part of which has had me on probation where I can get checked at any time to see if I have been drinking or if I even possess any alcohol. Even if I don\'t drink it, I can\'t have it in my house. Which blows cause my friends still like to drink. So no one comes to my house.

Really, for Joc even though it\'s been some months since it\'s happened and she probably realizes this by now, and Gabo who just got popped; this could\'ve been the night. I know that\'s what I was thinking. I have driven home way too many times where the next morning when I woke up in bed I wondered how I got there. No damage done to my car and no reports of hit and run, so I was safe enough. However, the night I got pulled over, who knows what could have happened another 100ft down the road. I thank god I didn\'t have to find out.

I ultimately sold my car to pay my fines and whatnot, and I have not drank since all this happened, but now I understand how and where I went wrong and how to avoid this from now on. When I am legally allowed to drink again I will. I am technically allowed to drive again, but no car=no point. And I will be taking advantage of the alternative transportation when that time comes. Remember, even walking home you can get a public intox and a night in jail. No fun. Here in NV you cannot get a DUI on a vehicle less than 49cc. So no DUI on a bike, but you will get charged with something if the cops are out to get you.
Title: DUI/DWI Talk
Post by: skalnbyc on November 05, 2008, 03:38:45 pm
Quote from: bezerker;209927
wow reality is really starting to sit in.  fuck.  :puts o bla di on repeat all day long :


Any idea how much booze was in you?  Will we get to see you resisting arrest/being tazed on an upcoming episode of Cops?  now that\'s dick!

Quote from: gitCHu ONe.;209980
Part of which has had me on probation where I can get checked at any time to see if I have been drinking or if I even possess any alcohol. Even if I don\'t drink it, I can\'t have it in my house. Which blows cause my friends still like to drink. So no one comes to my house.


You aren\'t allowed to drink any alcohol, not even at home?  Seems a bit too ridiculous to me.  

Your post answers why you did not have a ride to Crystal Bay.
Title: DUI/DWI Talk
Post by: gitCHu ONe. on November 05, 2008, 04:00:29 pm
Quote from: alexanderzurflu
Quote from: gitCHu ONe.;209980
Part of which has had me on probation where I can get checked at any time to see if I have been drinking or if I even possess any alcohol. Even if I don\'t drink it, I can\'t have it in my house. Which blows cause my friends still like to drink. So no one comes to my house.

You aren\'t allowed to drink any alcohol, not even at home?  Seems a bit too ridiculous to me.  

Your post answers why you did not have a ride to Crystal Bay.

I know many people who are in my same situation and do continue to drink, disregarding the fact that if they get caught they are to start the whole process over again. I\'m not willing to do that, so I have just decided to go through with what they are making me do and get it over with. I\'ll then respect my freedoms that much more.

Yes and I\'m still super bummed I didn\'t make it to the show. It\'s like trying to get blood from an onion here turning people onto good new music. Plus, with me not drinking until this whole thing is over (another 4 months) I have found out that my "friends" don\'t like to do things with me if it doesn\'t involve drinking. That\'s dumb really because if we made it to the show, they could have drank all they wanted, but that fact didn\'t even make it to their brains.
Title: DUI/DWI Talk
Post by: bezerker on November 05, 2008, 04:47:05 pm
i refused to blow.  would have definitely been in the .2 - .25 range.  was too drunk to realize i was raning out of gas and had a bag of grass sitting on the dashboard.  :sigh:
Title: DUI/DWI Talk
Post by: jocelyn on November 05, 2008, 06:39:26 pm
Gav I\'m really sorry. I know what you\'re going through.
Title: DUI/DWI Talk
Post by: gitCHu ONe. on November 05, 2008, 07:46:23 pm
Quote from: bezerker;209998
i refused to blow.  would have definitely been in the .2 - .25 range.  was too drunk to realize i was raning out of gas and had a bag of grass sitting on the dashboard.  :sigh:


If they took your blood that may buy you some more time, but at least here they\'d try to tack on possession and get this, internal possession. WTF!?

I had friends in a similar situation and they opted to take the 10-25 days in jail in loo of getting the hefty probation where you risk them getting you that way and eventually doing the jail time anyway. Good luck with that. Our thoughts are with you. Let us know how it all goes down.
Title: DUI/DWI Talk
Post by: JSleeper240 on November 07, 2008, 05:39:50 pm
amphetamines help...*everything* that is!!
Title: DUI/DWI Talk
Post by: TeddyT on October 31, 2009, 06:41:03 am
sorry chip. sorry chip.
Title: DUI/DWI Talk
Post by: inthewhitelodge on October 31, 2009, 12:59:32 pm
I think we should have the opportunity to buy breathalizers to test ourselves before venturing on the open road. That way, at least we would know who is most sober. However, those don\'t test for the good green stuff, which can be just as distracting to drive under the influence of as alcohol is. Everyone has their own game to run....I\'ve never been pulled over under the influence, or even gotten behind the wheel with more than 1-2 drinks in my system.
Title: DUI/DWI Talk
Post by: krispy on October 31, 2009, 01:25:13 pm
Quote from: inthewhitelodge;245063
I think we should have the opportunity to buy breathalizers to test ourselves before venturing on the open road.



We do.

http://www.google.com/products?q=breathalyzer+keychain&oe=utf-8&rls=org.mozilla:en-US:official&client=firefox-a&um=1&ie=UTF-8&ei=1XLsStLbDYqHlAfXyIyABQ&sa=X&oi=product_result_group&ct=title&resnum=1&ved=0CCEQrQQwAA
Title: DUI/DWI Talk
Post by: Bret on November 01, 2009, 01:32:33 pm
Never any shame in sleeping in the car... beats a lengthy jail sentence!  I\'ve done it many nights, yet, I\'ll admit, there have been nights I didn\'t heed my own advice and probably should have.  Just keep the keys out of the ignition!  I\'ve been caught before in the dead of winter trying to heat up the car, luckily I was wrapped up in a sleeping bag and they realized I didn\'t have any plans of leaving.  It\'s a last resort... but if you do run into the police on the way home when you know you\'ve had too many it\'s gonna be a lot worse than sleeping in the car one night and waking up in the morning without a court date and who knows what else on your record/concience.  Also, always remember, at bar closing their are drunk drivers all around you... pay attention to the cars around you (and people stumbling drunk on the side of the road!) and expect the unexpected!!
Title: DUI/DWI Talk
Post by: cannontrip on November 01, 2009, 01:55:11 pm
Sleeping in car instead of dui - good advice; If I owned/managed a place that sold booze I would fully support this; I\'d like to see law that provides some kind of protection for people who make the responsible decision not to dui.  I\'d be worried that the establishment or the cops would find me sleepin in the car and tell me I had to leave.  Although your point still stands that any consequences of not driving do not compare to a dui shitstorm.

Has anyone encountered police or a bouncer while sleeping it off in your car?  How did you handle it?
any advice appreciated

ps. relegalize **** and dui\'s will decrease, imho.  driving under the influence of any drug implies impairment; however, drinking is easily overdone, whilst puffing is much more self-regulatory.
Title: DUI/DWI Talk
Post by: TeddyT on November 01, 2009, 03:36:17 pm
Quote from: Dweasel Weasel;200319
Just an FYI - my computer can no longer access the breakfast.info page, so if you have any further questions, you can use this email address.
(And if you can let the other board members know I can\'t access the DUI thread, that would be great).

Quote from: Dweasel Weasel;200514
People can reach me by sending a message through the board, as it goes to my email.
 


Does anyone here in .infoland know any good experienced OUI lawyers in Massachusetts? If so, can you send me a PM/email with their contact info. I am trying to get a list of lawyers to call this week. Thanks.
Title: DUI/DWI Talk
Post by: FreeSpirit on November 01, 2009, 04:07:24 pm
Quote from: TeddyT;245139
Does anyone here in .infoland know any good experienced OUI lawyers in Massachusetts? If so, can you send me a PM/email with their contact info. I am trying to get a list of lawyers to call this week. Thanks.


I don\'t know if he\'s any good, but this site has some great info to help you out!
MA OUI attorney (http://www.madrunkdrivingdefense.com/fightyourdui.htm?gclid=CMGpkuPZ6p0CFcNx5Qod3SHsKg)
Title: DUI/DWI Talk
Post by: TeddyT on November 01, 2009, 04:21:25 pm
Quote from: FreeSpirit;245143
Quote from: TeddyT;245139
Does anyone here in .infoland know any good experienced OUI lawyers in Massachusetts? If so, can you send me a PM/email with their contact info. I am trying to get a list of lawyers to call this week. Thanks.


I don\'t know if he\'s any good, but this site has some great info to help you out!
MA OUI attorney (http://www.madrunkdrivingdefense.com/fightyourdui.htm?gclid=CMGpkuPZ6p0CFcNx5Qod3SHsKg)

Thank you Mrs. Tickler. I have read most of the googled pages having to do with DUI/DWI/OUI in the state of MA. I will be doing a lot more reading on the subject and hopefully find a great DUI lawyer to handle my case.
Title: DUI/DWI Talk
Post by: Bret on November 01, 2009, 07:10:58 pm
Quote from: cannontrip;245134
Sleeping in car instead of dui - good advice; If I owned/managed a place that sold booze I would fully support this; I\'d like to see law that provides some kind of protection for people who make the responsible decision not to dui.  I\'d be worried that the establishment or the cops would find me sleepin in the car and tell me I had to leave.  Although your point still stands that any consequences of not driving do not compare to a dui shitstorm.

Has anyone encountered police or a bouncer while sleeping it off in your car?  How did you handle it?
any advice appreciated


I\'ve definitely had the cops and bar staff tell me I had to leave while sleeping it off.  I remember a few times at the Iron Horse (with the po-po station right across the street) one of those times was the previously mentioned incident with the car running and the sleeping bag.  I understand why they stopped by, in the middle of winter with the exhaust plume behind the only car in the lot.  Another time we got bothered was around the corner from Toads... another cold night with the engine running for heat.  I woke up just in time to see a cop pull in behind us.  As he was getting out of the car I grabbed the keys out of the ignition.  He came up to the window and knocked, luckily it turned out to be a Yale cop.  He told me not to run the engine while sitting there in case "a real cop" comes by... which i thought was kinda funny and nice of him.  In the end they can\'t make you drive drunk... whether they like you sleeping there or not.  I\'ve never had more than minor harrassment with nothing ever coming of it, and I\'ve never had to leave.  I\'ve slept in some not so desirable neighborhoods where I was less scared of the Police than someone jackin\' me for my ride (Webster - had to pull out of the lot and park on the street or be locked in the fence), but even those nights I ended up fine in the end.  I almost always bring a -20 sleeping bag and a pillow in the winter just in case so I\'m never really cold and some fleece blankets in the summer and lock the car up tight.  Obviously, some venues are much better than others but if you shouldn\'t be driving, you shouldn\'t be driving.  Getting a hotel is much easier but the car is a lot cheaper and you can leave the minute you\'re good to go, besides, it probably won\'t be that easy to find a hotel, check-in and find your room at 2:00 in the morning... drunk.  It ain\'t perfect but it\'s kept me outta trouble many a night.
Title: DUI/DWI Talk
Post by: cannontrip on November 02, 2009, 03:14:24 am
Quote from: Bret;245154
Quote from: cannontrip;245134
Sleeping in car instead of dui - good advice; If I owned/managed a place that sold booze I would fully support this; I\'d like to see law that provides some kind of protection for people who make the responsible decision not to dui.  I\'d be worried that the establishment or the cops would find me sleepin in the car and tell me I had to leave.  Although your point still stands that any consequences of not driving do not compare to a dui shitstorm.

Has anyone encountered police or a bouncer while sleeping it off in your car?  How did you handle it?
any advice appreciated


I\'ve definitely had the cops and bar staff tell me I had to leave while sleeping it off.  I remember a few times at the Iron Horse (with the po-po station right across the street) one of those times was the previously mentioned incident with the car running and the sleeping bag.  I understand why they stopped by, in the middle of winter with the exhaust plume behind the only car in the lot.  Another time we got bothered was around the corner from Toads... another cold night with the engine running for heat.  I woke up just in time to see a cop pull in behind us.  As he was getting out of the car I grabbed the keys out of the ignition.  He came up to the window and knocked, luckily it turned out to be a Yale cop.  He told me not to run the engine while sitting there in case "a real cop" comes by... which i thought was kinda funny and nice of him.  In the end they can\'t make you drive drunk... whether they like you sleeping there or not.  I\'ve never had more than minor harrassment with nothing ever coming of it, and I\'ve never had to leave.  I\'ve slept in some not so desirable neighborhoods where I was less scared of the Police than someone jackin\' me for my ride (Webster - had to pull out of the lot and park on the street or be locked in the fence), but even those nights I ended up fine in the end.  I almost always bring a -20 sleeping bag and a pillow in the winter just in case so I\'m never really cold and some fleece blankets in the summer and lock the car up tight.  Obviously, some venues are much better than others but if you shouldn\'t be driving, you shouldn\'t be driving.  Getting a hotel is much easier but the car is a lot cheaper and you can leave the minute you\'re good to go, besides, it probably won\'t be that easy to find a hotel, check-in and find your room at 2:00 in the morning... drunk.  It ain\'t perfect but it\'s kept me outta trouble many a night.



lots of good info, thanks!!
Title: DUI/DWI Talk
Post by: inthewhitelodge on November 02, 2009, 07:13:32 pm
So, the next time I say I\'m too broke to afford a hotel, I\'ll rationalize getting one anyway, because it sure beats the cost of life, lawyers, or criminal charges!