DUI Injury

[theycallmecory]

Hi,
My name is Cory and I'm 18 years old and I'm from California. I was recently in a DUI Injury car accident. We did not collide with anyone. I just flipped the car. My friend who got hurt, only had to have a couple of stitches, and is not pressing charges.

I was at a party, and one of my friends (not the friend with the injury) was attacked by 7 people. I had plans on staying at the house, but one of the members of the house was involved in the fight. So suffice it to say, we had to leave. In order to get him to safety, I had to drive drunk. In the process of getting out of the ranch we were in, we hit some gravel in the road and flipped my car. Everyone walked away from the wreck fine. My friend didn't even notice the cut on his head, until the police told him.

Now I was just in court today and they're trying me with two misdemeanors.
Driving While Under the Influence of an Alcoholic Beverage Causing an Injury
&
Having 0.08% Blood Alcohol While Driving Causing an Injury

(I blew a .10% in the breathalyzer.)

I would just like to know what I'm looking at.
I've also been trying to join the Navy, and I was wondering how joining the Navy might effect my sentance.
If I can just get informal probation, it looks like I can still ship out. But I don't know what my chances of that are.


Thank you very much,
I really appreciate all help I can get.
I know what I did was wrong, so please, spare the comments..
I'm just a kid, and I'm really scared of all of this. I don't know how much jail time I'm looking at, but I don't want to have my future ruined so early in my life...

[CdwJava]

You are VERY lucky that they are charging you with a misdemeanor - the offense is actually a felony! You have been thrown a bone here, I suggest you consult an attorney and trhy to make some kind of a deal ... unless you feel that you have some way to beat the charge - do you?



- Carl

[theycallmecory]

I know I'm lucky!
I didn't find out until court today that it was moved down.

I was arrested for a felony, so I don't know what happened since my arrest date, but something did, thank God!

I just really don't want this to hinder my Navy goals..

[CdwJava]

Originally Posted by theycallmecory

I know I'm lucky!
I didn't find out until court today that it was moved down.

I was arrested for a felony, so I don't know what happened since my arrest date, but something did, thank God!

I just really don't want this to hinder my Navy goals..

It will likely hinder or delay your entry into the Navy. They won't take you while you are on probation, and probation is an almost certain thing. I do not think they will take you on informal probation, but I could be wrong on that.

- Carl

[theycallmecory]

Originally Posted by CdwJava

It will likely hinder or delay your entry into the Navy. They won't take you while you are on probation, and probation is an almost certain thing. I do not think they will take you on informal probation, but I could be wrong on that.

- Carl

I've talked to a recruiter about this actually, and they do accept informal probation.
Is there a way that I can persuade an informal probation sentance?
I mean, would that not be a sufficient reason to get informal?

[RatPackLar]

Here is the first post on this one- from heycallmecory1

[url]http://community.lawyers.com/messageboards/message.asp?channelId=23&subId=&mId=1071554&mbId=116&threadId=1301&threadstart=1282[/url]

HERE IS THE FIRST STORY ON THIS ONE
I guess in order to fully explain my situation, I'll need to tell the whole story. It's long, but please I need help.

Wel, basically before I moved out here, I was hanging out with some friends and my sister calls me and tells me one of my old friends is going into the navy (it's happening alot right now, ha) and that his going away party is that night. And me and my friends being dumbasses think it'd be a great idea to mob over to Modesto for the night and totally crash this party. So we pack my car up. It only fits 4 people but we fit 6. We got some booze and headed out. I didn't drink on the drive there, obviously, but the people in the back were. Which kinda made me nervous, but I wasn't too worried about it. Well, my friend Alex sometimes gets absolutely psycho when he drinks. And his girlfriend Amanda came with us. And she's like on of my closest friends.

We're driving up and everything is great. It's an epic ass road trip and were all gonna get hella ****ed up and make complete idiots of ourselves and it's gonna be ****in' badass. Well, right before we get to the party, my friend Alex some how hits his head on something. And starts rampaging about how no one should ever hit him in this part of his head. And we're all like "eh...wtf okay dude we won't hit you there". He keeps yammering on and on and on about his ****in soft spot or whatever he called it. And we move on. We're getting there, and on the way out Amanda like playfully taps the spot. And he full on like slaps the **** out of her.

And the rest of us are like "WHAT THE ****". And he starts flipping out, and so does she. And there's not really much of jack **** I can do, cause we're already there. An hour and a half away from home. I'm not just gonna drive back, we had JUST got there. So they're ****in' fighting and whatever. And my friend Shawn takes Alex to talk, and Kenny takes Amanda, and they're seperate and for a while everything was fine. They had calmed down and everything was ****in' sweet. I was talking with my old friends, and they were meeting my new friends and it was ****in hella cool. Alex was walking around joking with people and it was perfect, exactly what I wanted it to be.

But then of course, Alex is a ****ing idiot. And some guy comes over to me, and is like, "you need to get your homie outta here right now" and I'm like "ahh ****"

So I go find him, and no joke SEVEN dudes are beating the **** out of him. We all freak out, and Shawn goes into pull Alex out of there, and in the process gets the **** beaten out of his face. (This happened a couple weeks ago, and I think he still has a black eye.) Then we get everyone out, into my car, I say bye to everyone on the way out and we're out of there.

And at this point, I'm ****ing PISSED off. And I never get pissed off. NEVER. I'm screaming at him at the top of my lungs. I mean, if he would have not been a ****ing stubborn ******* that wouldn't have happened to him. And he actually picked a fight with a guy who was gonna let us crash at his place. So we had NOWHERE to go. And I'm screaming and screaming at him, and he starts choking me from behind the seat (WHILE I'M DRIVING.). I stop the car, get out and yell at him to GET THE **** OUT. Cause I might be a pushover, but NO ONE is gonna ****in' choke me in MY car, when I just saved HIS ass. But Amanda and Shawn wouldn't let me just leave him there. So I get back in all pissed off.

It's out in the boonies, like country roads and ****. And what I think happened is, he was choking me, and one of those SHARP LEFT TURN signs came up. And I must have stopped right after it. So when I got back in I didn't see it. I came up on the turn in the dark, and my car flipped upside down against a tree.

We climbed out, and everyone was fine. Except for Kenny, who had a little cut on his head. The cops show up, arrest me for a DUI, and since Kenny got hurt, it's a felony case. I spent that night and most of the next day in jail.


Now, that's the whole story.
I'm working with my lawyer to get it down to a misdemeanor. But it's hard to get a hold of him.

I'm also trying to get into the Navy. But this messes things up. Will trying to go into the Navy help at all?

I'm sorry this is so long, but I'm young and really confused about everything...

QUITE A BIT DIFFERENT THEN THE ONE POSTED HERE.

The services will not take you with this pending, or while you are on probation. Your DL is gone for a while, you are a minor who did DUI accident, causing bodily harm / damage.

THESE BOARDS WILL TELL YOU FOR SURE: [url]http://forums.military.com/1/OpenTopic[/url]

[theycallmecory]

I didn't realize in that last post that I had copied and pasted the version I told my friends.
Which was immature and didn't need to be stated that way.

I didn't know how to edit.
Thanks by the way.
For all your help.

[RatPackLar]

YOU DID NOT COPY AND PASTE ANY OF THIS HERE.

I FOUND IT, AND TOSSED IT UP. YOU TOLD THIS STORY, AND NOW, YOU ARE AGAIN, TRYING TO SPIN IT.

I cut and pasted it, from your original post on lawyers.com. I DID PUT UP THE LINK, TO YOUR STORY.

I recognized your name, and your story, it was not hard.

You told that story to the boards on lawyers.com, for all to see, you were not telling your friends that story, you told it to a law board forum, and asked the same questions, you are now asking here.

YOUR PENCHANT FOR DECEPTION AND LIES GROWS WITH EACH WORD YOU POST.

THINK LIKE THE SYSTEM, AND HOW THE OUTSIDE WORLD MAY VIEW YOU, DO NOT THINK LIKE A LITTLE VICTIM.

I just happen to also watch those boards as well, and spotted you.

Did you go to the military boards I told you to go to before, and then again, once you got here?

I am really not trying to slam you or judge you, but just trying to slap you up, so you know, hey the system is not gonna play on this, and this deal of yours, is not just a MIP, MIC, or some other little charge, that just gets paid off, and goes away. This is serious.

The variances in the two stories you told, on two different law boards, yet looking for the same answer, indicates to me, you might not fully realize the gravity of your present situation.

Kid, this stuff will not just get you a pass, and the Navy, will not take you, whilst this is pending. My son in law, today, is a Marine, my brother in law did 20 years in the Army, My Dad, fought in Korea, and picked up two stars, and a heart, when he was 19.

I do have some prior knowledge of how this may or may not work. Nobody can say for sure, what will happen.

Hit those Military Boards, ask those in the know, as how the Military may or may not deal with you, and work with your lawyer.

My brother went thru this and was not trying to get into the service, but he did have a wreck, hurt a buddy, and he was over 21. This was MI.

In CA, the reason why you were not hit with a Felony, was becasue of that they call the "wobblers", bottom line, your friend was not injured that bad, so they knocked it down. NOT CAUSE OF WHAT YOU DID OR DID NOT DO, YOU JUST GOT LUCKY, NOBODY GOT HURT BAD OR DIED.

Research the CA DUI Laws, so you know, what is going on.

The lawyer for my brother did say, hey, hit AA, hit a program, take some steps on your own, to show them, the system, you are trying.

In the end, it did help when they sentenced him. Again, this was in MI, and every case is different.

But to me, I see it as, hey, anything you can do, to show them, you are trying, cannot hurt you.

You are a minor, you may get some slack going forward, but in the same token, they can hit your harder, for just being a minor.

You may be able to work this out, but you are gonna have to take the steps, if you do not, you will not be getting into the Navy, for quite some time.

This will only wreck your life and your future, if you let it. If you had killed some of your friends, you life would really have ceased to exist, as you know it. We all know, you just got lucky, when you flpped your car, that nobody died, or got perm injured in the accident.

Get a good lawyer, research CA DUI Laws, and move forward.

and watch, and where you post, you never know, who is watching.

[irish77]

how bad do you think an accident increases the severity of a DUI situation? I know that is such a broad question, but just curious...

out of here. have a good weekend.

b

[RatPackLar]

DUI is bad enough, DUI and and an accident, cause damage and or bodily injury, how bad do you think that sounds?

HELL YEA IT WILL.

PA, Irish, you really need to research the laws of your state, and actually TALK to your lawer.

He or she, is really the only person who is qualified, and who you should trust, to give you the answers you seek.

The net, well we are all here, but again, we are all just total strangers, who just offer up what we know, from our past experiences, and dances with the system.

Nobody can predict for sure, and nobody here, can give you a hard and fast answer, YOUR LAWYER CANNOT DO THAT FOR SURE, and you know him, you pay him, and you have met him. You have far more with him, then you really do with anybody here on the net. Think about it!

I say what I say, as nothing more then food food for thought, just to get you thinking, and give you a little more knowledge then you had before you asked and posted. You still gotta do it on your own.

Again, good luck!

[RealAmerican]

If the Navy does accept him now, his charges will severely limit the jobs he will be allowed to do. Theycallmecory, do you know what a boatswainsmate is, how about a hull technician?

[RatPackLar]

Nobody gets in, with those types of charges pending.

Again, I have listed the boards of Military.com, for all to read. It all can be worked out, and the kid could get it, but he is going to have to go to the dance, pay the band, and dance to the song, they play.

That does not mean, he can never get in, and do what he wants to do.

To anybody, and to the kid, I say this, hey, it is the net, this site is free ADVICE, not FACT, it is nothing more, then just a place to gain a little extra insight when dealing with the system.

Nobody on the net, can ever give an absolute answer, and anybody who comes to the net, looking for that, needs to get a slap.

Think of it like this.

You got a term paper you have to write.

You have to go to the Library, to do some research.

So you do.

But you know, that term paper is not just gonna get done, simply cause you went to the LIBRARY.

You still gotta do the work and write it.

[theycallmecory]

When I posted that at the other place, I had COPIED and PASTED from a conversation with a friend. The WRONG conversation. I've had to tell the story a bunch of times, I wrote one for my friends and one for professional. I made a mistake. I'm a kid. Shut up.

[RatPackLar]

You posted that, you typed it all out, and tossed it up for all to see.

You just let the TRUTH GET OUT, ha ha ha ha, and the story you told was the ACTUAL TRUTH.

If you cannot figure out computers, cut and paste, what makes you think, the Armed Forces should take you?

This is the computer age, and if you cannot figure out computers by now, do not expect the Military, to take a chance on you.

I do have the link to lawyers.com, and your post if you really want to dance with me and them on this?

It was not a cut and paste, copy issue, you told your story, just they way you did.

You are 18, you are not a kid anymore.

You say you are a kid, but only to get out of the DUI charges, you are not a kid, when you think the Armed Forces, should take you.

Your original post, speaks volumes, of your stupidity.

What you are mad about, is that the TRUTH CAME OUT!

Mr. Epic Road Trip.

That was your story, was it not?

That was you telling it, you just did not want it to get out, and it did.

Yea, I would love to pay for you, to carry a gun.

Sure!

Kid, they are gonna kick you hard, and you better wise up, or they will keep kicking you all the way to prison.