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DUI, Parking Lot

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paul0306

Junior Member
I received a dui last night in a parking lot.... Here is what happened...my friend got in an argument w/ the bouncer, the bouncers went ahead and called the police dept. I was in my car with it turned on when they police pulled up behind me and charged me w/ a dui... i had a b.a.c of .08 or over... any advice?? it woudl be greatly appreciated
 


seniorjudge

Senior Member
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

CdwJava

Senior Member
paul0306 said:
I received a dui last night in a parking lot.... Here is what happened...my friend got in an argument w/ the bouncer, the bouncers went ahead and called the police dept. I was in my car with it turned on when they police pulled up behind me and charged me w/ a dui... i had a b.a.c of .08 or over... any advice?? it woudl be greatly appreciated
Hire an attorney.

Since you did not provide any details to comment upon, and no state was mentioned, there really isn't much else that can be said.

Good luck, and don't drink before you drive in the future.

- Carl
 

justalayman

Senior Member
I received a dui last night in a parking lot.... Here is what happened...my friend got in an argument w/ the bouncer, the bouncers went ahead and called the police dept. I was in my car with it turned on when they police pulled up behind me and charged me w/ a dui... i had a b.a.c of .08 or over... any advice?? it woudl be greatly appreciated
Hell, I got a better one than that.

A guy in Indiana was in his employers parking lot, asleep in the back seat BUT the keys were in the ignition. Didn;t stop the cops from hauling his butt to jail for DUI.

any advice??

Sure. Don't drink and drive or you will go to jail.

Oh, and don;t take wooden nickels and don;t eat the worm in the Tequila. That's just gross.
 

BigMistakeFl

Senior Member
BigMistakeFl

It's like this..... laws have been written, times have changed. DUI now includes being in control of a vehicle with the possible intention to drive, even if you're not actually driving it at the time of the arrest. That means sitting in a car, and in my state, even with the keys in your pocket.

The only safe thing to do is make an alternate plan when you are planning to party. Leave your entire vehicle out of the equation.
 

paul0306

Junior Member
the whole story

this happened in california, i can explain it more detailed if tha tmight help any... we had just jumped in our vehicle and i had activated the remote start ....which makes all my lights come on including the reverse light of the vehicle when i activate the remote start feature.... this made the officer believe i was goign to reverse out and movin...... he pulled me out of the vehicle and made me do a field sobriety test, which i failed. He handcuffed me put in the back of his squad car and transported me to a dui checkpoint where they drew blood... they did not even offer me the breathalizer test... on top of that i have 4 needle pricks in my arms from them not being able to draw the blood correctly or not being able to find the vein.... they released me to famiy about an hour afterwards with a dui citation..i did not get booked or have to spend time in jail...
 

CdwJava

Senior Member
Nothing seems untoward here. The arrest seems good, and the blood test is likely good. I am a little surprised that they didn't offer breath, but there could be reasons for that.

Consult local counsel ASAP.

- Carl
 

BigMistakeFl

Senior Member
BigMistakeFl

Yup; you're busted. As posted above, the best course of action for you now is to consult with an attorney who specializes in DUI defense. Decide if you have a case worth fighting. (Remote start should not engage reverse lights until the car is physically in reverse. I'd have that looked at)
 
Tempting as it might be, be careful about trying to argue the technicality of actually driving versus sitting in a parked but running car. While it seems like that should matter, it is likely to have absolutely no bearing on the case and might give you a false sense of a defensible situation.

You should hire an attorney and expect a conviction of some sort. The only time the fact that you weren't technically driving MIGHT come to your aid is during sentencing, when the judge MIGHT take it into consideration.
 

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