DUI while sleeping in my car.

[pasadena112]

So here is my story im 18 and live in Los Angeles , on saturday night I went to my friends house for a party and began drinking like any other time. So a few hours later around 12 am the party is broken up by the host because it is getting to big, so at this point I walk out to my car with my friend and we sit inside and I realize that I am way to drunk to drive and I also didnt want to get a DUI so i though it would be best to sleep in my car. While inside i put my keys in the ignition to turn on the radio and about 15 minutes later I passed out. I woke back up around 3am and my car battery was dead so i was in trouble, I called my mom and friends but they were all asleep, so i just figured that I would go back to sleep and deal with it in the morning. Then an hour later at 4am I wake up to cop pounding on my window telling me to get out of the vehicle, so i get out of the car and without saying anything he tells me to go sit on the curb and he puts me in handcuffs without reading me my rights or anything. So then the try to wake my friend up who is more drunk then me but because he passed it took them a while to wake him and they finally did by threatening him with the taser to his face, and the whole time he was just asleep. So they begin to question me and i tell the officer that I had not driven and just fell asleep in my car but he contradicts me and says that when he tapped on the window that i tryed to turn on the car which i don't remember doing, and because of that he said that I was trying to get away which is complete bull****. So after they question me they do a sobriety test and at this point I had already been arrested without being read my rights, so after the test they breathalyze me twice and i blow a 0.13 and 0.14 which is a good amount nearly 4 hours after i had been sleeping although alcohol content was probably at its peak or just after it. Even though I had been tested twice they made me consent to another one and this time I chose the blood test, so I was taken to the hospital and had my blood drawn then they brought me back to the station and put me in the holding tank and 8 hours later I was released.
I was given a CVC 23152(A) DUI and CVC 23149(A) Under 21

So my question is should I make an appointment with DMV to contest my DUI? because I believe the officer who arrested me was a trainee officer who neglected to read my rights, who didnt even write down my plates because he asked me back at the station or treat me fairly. And if i do set up an appointment what should I say in the hearing, to convince the DMV that I had no intentions of driving due to my state. Because I think that it is unfair to have my license taken away, and make my mom pay the thousands in fees from the DUI.

The second question i have is: is it worth paying for a lawyer/attorney in my court date on june 7th? And how much of a difference will he make in the final decision, will he be able to lower my sentence because I already used all of my money to get my car out of the impound.

So any advice on this topic would really help.

thank you

[Some Random Guy]

Get a lawyer. Your understanding of the law is extremely lacking. Also consider AA meetings. Since you are a habitual drunk at 18, you need some help.

Drunk with the keys in the ignition and turned on with you in the drivers seat can get you convicted of DUI.

Miranda rights do not need to be read to you until they want to interrogate you after you are arrested. Simple things like identifying yourself and asking your license plate number are not interrogation.

So then the try to wake my friend up who is more drunk then me but because he passed it took them a while to wake him and they finally did by threatening him with the taser to his face,

Thank you for wasting my taxpayer dollars by requiring the police to spend 15 minutes waking up your wasted friend. Funny though - he was sound asleep but suddenly perked up when he was threatend with a taser.

So my question is should I make an appointment with DMV to contest my DUI?

Um, no. Your lawyer needs to help you with the DUI. The DMV is the group that issued you your license and then suspended it when they got a report of your BAC behind the wheel. Start your research on that here:

[url=http://www.california-drunkdriving.org/dmv.html]California DUI Law Guide - Department of Motor Vehicles[/url]

[pasadena112]

Firstly i dont have a drinking problem, it is my senior year in high school and this is first year where I have been drinking and drinking to means only a few beers which happens once a month, I didnt go to any parties prior to this year. Secondly my friend didnt wake up because he was threatened with the taser it was because the cop was yelling at him at the top of his lungs and when he finally woke up the taser was in his face. Also my miranda rights were never read to me at any point during the night.

Also what is the need in a negative response do you feel better making fun of a kid who is worried about the financial situation that his parents will be put in after this, I can tell you that feel terrible that this has happened not only because of the strain it puts on my family but the example ive set for my younger brother.

So please if want to make me feel worse then I already do please continue, at that time I thought it was the best decision I could make so im sorry if im not as intelligent as you sir

[Some Random Guy]

Also my miranda rights were never read to me at any point during the night.

Ok, that just means that the police felt no need to interrogate you after you were arrested. Apparently they had all of the evidence they needed from before they took you in. Nothing improper here.

Firstly i dont have a drinking problem

Hmm, lets see, you said:

on saturday night I went to my friends house for a party and began drinking like any other time

suggesting that this was a typical saturday night where you were drinking underage and got so wasted (about 0.18 based on your timeline) that you thought it would be a good idea to get in a car and turn the ignition key.

you say you were "only a few beers", but 0.18 typically means about 7-10depending on your wieght and the speed of your drinking. That is not casual drinking. It is binge drinking.

You are also hanging out with people drunker that yourself and seem more pissed at the police for taking the time to wake him up than with the fact that he was too drunk to function in a public place.

[CdwJava]

Originally Posted by pasadena112

he tells me to go sit on the curb and he puts me in handcuffs without reading me my rights or anything.

Miranda is only required when you are in custody and being interrogated. At this point, you are simply detained.

So after they question me they do a sobriety test and at this point I had already been arrested without being read my rights,

Nine out of ten arrests do not require Miranda. Most DUI arrests do not require Miranda, and the FSTs do not require them before they are implemented.

so after the test they breathalyze me twice and i blow a 0.13 and 0.14 which is a good amount nearly 4 hours after i had been sleeping although alcohol content was probably at its peak or just after it.

Just imagine what you had been at a few hours earlier! Wow! You were probably about .20 when you hit the car.

Even though I had been tested twice they made me consent to another one and this time I chose the blood test, so I was taken to the hospital and had my blood drawn then they brought me back to the station and put me in the holding tank and 8 hours later I was released.

The first test was the field PBT which is considered part of the FSTs and not the mandated test. The blood test you chose is the required test.

I was given a CVC 23152(A) DUI and CVC 23149(A) Under 21

You mean ... CVC 23140(a)? There is no 23149.

So my question is should I make an appointment with DMV to contest my DUI?

If you do not, your license will be suspended in 30 days.

because I believe the officer who arrested me was a trainee officer who neglected to read my rights, who didnt even write down my plates because he asked me back at the station or treat me fairly.

He did not need to read you your rights unless he interrogated you about the offense after you were arrested. If so, any statements you made can be suppressed ... but, that would have likely been after you were handcuffed. Not writing down your plates is irrelevant, and treating you "fairly" is also not relevant to the offense.

And if i do set up an appointment what should I say in the hearing, to convince the DMV that I had no intentions of driving due to my state.

You can certainly point out that there was no driving observed, but if the officer points out one of the exceptions to the observed driving law, then you're done.

The exceptions to the observed driving are:

(a) The person is involved in a traffic accident.
(b) The person is observed in or about a vehicle that is
obstructing a roadway.
(c) The person will not be apprehended unless immediately
arrested.
(d) The person may cause injury to himself or herself or damage
property unless immediately arrested.
(e) The person may destroy or conceal evidence of the crime unless
immediately arrested.

Because I think that it is unfair to have my license taken away, and make my mom pay the thousands in fees from the DUI.

Sorry you think your actions have resulted in your being subject to "unfair" treatment.

The second question i have is: is it worth paying for a lawyer/attorney in my court date on june 7th? And how much of a difference will he make in the final decision, will he be able to lower my sentence because I already used all of my money to get my car out of the impound.

An attorney can negotiate a plea deal, or he may be able to find some fault in the police investigation that could result in your getting an underage consumption or public intoxication charge instead.


- Carl

[Antigone*of*Greece]

Carl,

Since the OP requested that a blood test be taken should he be expecting a bill the services rendered by the hospital?

[CdwJava]

Originally Posted by Wirelessany1

Carl,

Since the OP requested that a blood test be taken should he be expecting a bill the services rendered by the hospital?

It can happen ... but, I believe that the city/county receives the bill.

- Carl

[pasadena112]

I understand the mistakes that I made that night and I will forever regret them, but I feel that when someone does the best that they can to prevent harming or damaging anything else by sleeping in their car that they should be shown some sympathy for the matter. And the only reason the keys were in the ignition was for the radio. I understand that you think its wrong to be drinking when underage, but in my opinion if alcohol is used socially only at parties or events and if it done once in a while I think it is a good way to relax. And when I said normal saturday night I meant being with friends and being social, and yes alcohol is involved sometimes but that doesn't mean I'm the one drinking it, I was simply using it to describe a typical saturday night in a suburban town with nothing to do. Also I do not know how your days were when you all were in high school but in this day and age most teenagers do drink at certain times to have fun, and i'm sure everyone on this forum has at least one crazy story to do with alcohol.

Also like it was stated earlier I do not know much about law because this is my first offense and this is the reason I am asking these questions, my knowledge of criminal law mainly comes from what I have seen and heard on TV. So I am sorry that I seem nieve when asking these questions about my case.

Lastly I dont want to give off the persona that i'm some bratty kid that is complaining about his DUI. I am fine with the decision if my license is taken away but in these hard economic times I dont want to see my single mother with two children who receives no child support and can barley afford to pay all the bills, to have her life tarnished with fees by her sons stupid act.

I just wanted to give more perspective of where i'm coming from but if you still feel the need to talk down to me in the comments thats fine it just shows the difference in the generation gap.

[CdwJava]

Originally Posted by pasadena112

I understand the mistakes that I made that night and I will forever regret them, but I feel that when someone does the best that they can to prevent harming or damaging anything else by sleeping in their car that they should be shown some sympathy for the matter.

And the court just might do that. But, even if no DUI is charged, you are likely to face at least some kind of consumption or intoxication charge.

And the only reason the keys were in the ignition was for the radio.

And that was a bad call.

I understand that you think its wrong to be drinking when underage, but in my opinion if alcohol is used socially only at parties or events and if it done once in a while I think it is a good way to relax.

Your opinion and $4.35 will buy you a triple Venti Mocha at Starbucks. Legally, it means nothing.

And when I said normal saturday night I meant being with friends and being social, and yes alcohol is involved sometimes but that doesn't mean I'm the one drinking it, I was simply using it to describe a typical saturday night in a suburban town with nothing to do.

Funny, I grew up in a typical suburb and a "typical" Saturday night did not include a beer bash. If this happens every Saturday, you and your pals likely have a problem that needs to be addressed.

Also I do not know how your days were when you all were in high school but in this day and age most teenagers do drink at certain times to have fun, and i'm sure everyone on this forum has at least one crazy story to do with alcohol.

Very few with tales of police involvement, and the occasional party, sure ... but every Saturday?! Nope. Heck, not even MOST Saturdays.

Lastly I dont want to give off the persona that i'm some bratty kid that is complaining about his DUI. I am fine with the decision if my license is taken away but in these hard economic times I dont want to see my single mother with two children who receives no child support and can barley afford to pay all the bills, to have her life tarnished with fees by her sons stupid act.

You're 18 years old. Your problems are, legally, not her concern. If you are concerned about losing your license, this is something you shoul dhave considered before you went out and committed a crime that had this sort of thing as a predictable end result.

I just wanted to give more perspective of where i'm coming from but if you still feel the need to talk down to me in the comments thats fine it just shows the difference in the generation gap.

No, it shows the difference in age, experience, and wisdom.

if you learn from your mistakes, great. If you don't, then you will be here again.

When you go to court, be sure to go in with a contrite and respectful attitude. Being apologetic and acknowledging an error in judgment can go a long way towards leniency. Going in to court and arguing that you were doing what kids do will compel the judge to do what judges do - sentence people.

- Carl

[Dougthegreat]

Originally Posted by pasadena112

I feel that when someone does the best that they can to prevent harming or damaging anything else by sleeping in their car that they should be shown some sympathy for the matter.

Your feelings are irrelevant. The law is what is relevant. You broke it.

Originally Posted by pasadena112

And the only reason the keys were in the ignition was for the radio.

Wow, I'm sure nobody in the justice system has ever heard this one before! Go for it!

Originally Posted by pasadena112

I understand that you think its wrong to be drinking when underage, but in my opinion if alcohol is used socially only at parties or events and if it done once in a while I think it is a good way to relax.

Once again, your feelings/opinions are irrelevant. You broke the law - and by your laissez-faire attitude, you rightly deserve to have the book thrown at you. You do not live in a society where you are free to decide which laws you will and will not follow.

Originally Posted by pasadena112

Also I do not know how your days were when you all were in high school but in this day and age most teenagers do drink at certain times to have fun

Sorry; the "everyone else is doing it" is not a viable defense, so don't use it in court.

Originally Posted by pasadena112

i'm sure everyone on this forum has at least one crazy story to do with alcohol.

Then once again, you're wrong.

Originally Posted by pasadena112

Lastly I dont want to give off the persona that i'm some bratty kid that is complaining about his DUI.

...really? Because that's kinda what it's coming off as.

Originally Posted by pasadena112

I am fine with the decision if my license is taken away but in these hard economic times I dont want to see my single mother with two children who receives no child support and can barley afford to pay all the bills, to have her life tarnished with fees by her sons stupid act.

Incredible that the terrible economy and your poor, poor mother only come into the picture AFTER you're busted. That's like blaming the stove for the intense pain you're in after intentionally sticking your hand on the burner. You knew what you were doing was wrong, and chose to do it anyway. Man up, and stop bringing your mommy into it.

The good news is that you're (legally, not necessarily intellectually) an adult, so your mother won't have to deal with anything - you will!

Originally Posted by pasadena112

I just wanted to give more perspective of where i'm coming from but if you still feel the need to talk down to me in the comments thats fine it just shows the difference in the generation gap.

You and I are in the same generation. The only gap between us is personal responsibility. This idea you have that you're so superior because you've got a liberal/relativistic sense of right and wrong is absolute rubbish, my friend. You have a mindset that everyone your age is doing what you're doing, and you're dead wrong. Take it from me - there are people your age who are already getting internship offers at Fortune 500 companies or starting their sophomore year of higher education while you sleeping off your drunken haze.

Hopefully, you will learn a real lesson from your punishment here, instead of resolving to be more careful when you break the law.

[BigMistakeFl]

Unfortunately, I don't think it's terribly unusual for an 18 year old to drink beer today anymore than it was when I was 18 back in the mesozoic era, but hopefully it's not with any frequency. I'd love to see the majority of young people refuse to imbibe, and hope that is not just wishful thinking.

As pointed out above, this need not be a financial burder to your mother. As you are over 18, you may be qualified for a public defender.

There is a tremendous amount of public ignorance when it comes to how DUI works, miranda is one example, what constitutes operation of a vehicle is another.

[Blue Meanie]

do you feel better making fun of a kid who is worried about the financial situation that his parents will be put in after this

Why on EARTH would you think this is your mother and father's financial problem?

You are 18...legally an adult. It is YOUR problem.