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dui under the limit

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shucky

Junior Member
What is the name of your state (?florida tampa
hey my court date is tomorrow, i got a dui and blew0747/.075 which is under the limit, iwant to know what i should plead and if it was ok for them to keep me there for 9 hours even though i bonded out. guilty not guilty or no contest that is the question cause its my first offence and i have no lawyer
 


JETX

Senior Member
i got a dui and blew0747/.075 which is under the limit, iwant to know what i should plead and if it was ok for them to keep me there for 9 hours even though i bonded out. guilty not guilty or no contest that is the question cause its my first offence and i have no lawyer
You don't have 'blow' 0.08 to be driving while intoxicated. That is merely a specific threshold.

From Florida Statutes:
316.193 Driving under the influence; penalties.--

(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.


Unless you have a valid DEFENSE to your driving while UNDER THE INFLUENCE.... your options are:
1) Not Guilty
2) Nolo Contendere
3) Guilty.

Which of the three you might plead to depends on the full facts.
 

shucky

Junior Member
should i plead not guilty then

this is shucky should i still plead not guilty ,get a public defender r will there be a pd of the day that i will be able to consult with. remember this is my first dui and i wasnt even driving when the cop ask me to get out of my car i was in the p-lot of a mc donalds in florida
 

Proserpina

Senior Member
this is shucky should i still plead not guilty ,get a public defender r will there be a pd of the day that i will be able to consult with. remember this is my first dui and i wasnt even driving when the cop ask me to get out of my car i was in the p-lot of a mc donalds in florida
Could you please help us out? It's much easier to read if you use the right grammar and spelling.
 

ERAUPIKE

Senior Member
this is shucky should i still plead not guilty ,get a public defender r will there be a pd of the day that i will be able to consult with. remember this is my first dui and i wasnt even driving when the cop ask me to get out of my car i was in the p-lot of a mc donalds in florida
Silly question, How old are you?
 

shucky

Junior Member
shucky and imm 44yrs old

getting back to the pleA, sice no one seems to care except me ,about what happens to me!
WELL I STILL WANT TO KNOW IF I SHOULD PLEAD GUILTY TO A DUI THAT WAS ON THE FIRST THREAD I STARTED THIS MORNING.
THIS IS MY FIRST DUI.
I WAS IN A P-LOT OF A MCDONALDS.
I GOT MAD ABOUT OVER PRICED FOOD,THREW SOME MONEY AT A CASHIER THEN SHE CALLED THE COPS.
I TOOK MY WIFE HOME.
AND THEN LIKE AN IDIOT RETURNED TO THE PLACE
WHERE THE COPS SHOWED UP.
THEN GOT A FST FROM A FST OFFICER.
HE TOOK ME TO JAIL.
I HAD TO BOND OUT
BUT I SPENT 8 HOURS THERE EVEN THOUGH I BLEW UNDER THE LIMIT.
I THINK I SHOULD PLEAD NOT GUILTY,AND ASK FOR A PUBLIC DEFENDER.
 

HighwayMan

Super Secret Senior Member
Sure you're not 14 years old? Sounds like it from the scenario.

I guess McDonalds is Florida is more expensive than McDonalds where I live. And I guess they didn't have the menu posted with the prices right there at the drive thru so you were shocked that a Big Mac now costs $4.95?
 

Proserpina

Senior Member
getting back to the pleA, sice no one seems to care except me ,about what happens to me!
WELL I STILL WANT TO KNOW IF I SHOULD PLEAD GUILTY TO A DUI THAT WAS ON THE FIRST THREAD I STARTED THIS MORNING.
THIS IS MY FIRST DUI.
I WAS IN A P-LOT OF A MCDONALDS.
I GOT MAD ABOUT OVER PRICED FOOD,THREW SOME MONEY AT A CASHIER THEN SHE CALLED THE COPS.
Um...these are not actions of mature people....


I TOOK MY WIFE HOME.
AND THEN LIKE AN IDIOT RETURNED TO THE PLACE
WHERE THE COPS SHOWED UP.
THEN GOT A FST FROM A FST OFFICER.
HE TOOK ME TO JAIL.
I HAD TO BOND OUT
BUT I SPENT 8 HOURS THERE EVEN THOUGH I BLEW UNDER THE LIMIT.
I THINK I SHOULD PLEAD NOT GUILTY,AND ASK FOR A PUBLIC DEFENDER.
For pete's sake please turn off the caps!

You realize that blowing under the per se limit doesn't mean that you're not guilty of DUI, right?
 

shucky

Junior Member
Got alot of smatasses on here

my daddy always told me if u want something done right DO IT YOURSELF so all yall can go to hell
 

JETX

Senior Member
my daddy always told me if u want something done right DO IT YOURSELF so all yall can go to hell
Awwww, shucks!!
Now you have just gone and made us feel really bad.

We thought you wanted legally accurate advice so gave it. Now we find out that you really only wanted someone to hold your hand, scruff your head and tell you "Don't worry, everything is going to be alright". Just like Mom used to do.

So, with that.... "Don't worry.... everything is going to be alright. Don't believe those big, bad bullies. You are smarter and gooder than all of them."

There... feel better??
 

BigMistakeFl

Senior Member
When anyone is arrested for DUI in the state of Florida, he or she will spend 8 hours in jail from the time of the actual booking. No one is exempt. Bonding out is part of the procedure of getting released, but you still get the eight hours on the concrete bench, no matter what.
 

shucky

Junior Member
i got a pd

so the judge told me today, that i should not of spent 9hours in the jail because i blew under the limit . she gave me a public defender. and i am going to beat this case . SA FOR YALLS ADVICE IT PRETTY MUCH SUCKS.
ESPECIALLY THE ONES WITH THE SMART ASS ANSWERS THAT ONLY HELPS THEMSELVES LOOK BETTER.
 

Proserpina

Senior Member
so the judge told me today, that i should not of spent 9hours in the jail because i blew under the limit . she gave me a public defender. and i am going to beat this case . SA FOR YALLS ADVICE IT PRETTY MUCH SUCKS.
ESPECIALLY THE ONES WITH THE SMART ASS ANSWERS THAT ONLY HELPS THEMSELVES LOOK BETTER.
My favorite "Nonsense Post Of The Day".

Nice try though.

(to reiterate - blowing under the limit does NOT mean that you are not guilty of DUI)
 

BigMistakeFl

Senior Member
"Florida law requires a DUI arrestee be held in jail for eight hours, or until the BAC is less than 0.05; individuals are usually held rather than tested."

This is the law here in Florida. Judges are very much aware of the law and abide within it. Once arrested for suspicion of DUI, we are all held in jail for 8 hours following booking process.

Hire a lawyer and fight the case. Please though, do come back and let us know how it turns out. Good luck.
 

mommyof4

Senior Member
May I suggest to OP that along with the admonishment pertaining to not drinking and driving (not to mention throwing money at the poor Chez McD's employee) that he also refrain from drinking and posting?

May I also suggest that OP avail himself of a basic 3rd grade grammar and spelling course?

Ooops, I better duck. He may throw my .02 back at me. :p
 

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