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I drove with alcohol still in my system.

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talgr

Junior Member
What is the name of your state (only U.S. law)? North Carolina

Willfully operate a motor vehicle on a street or highway while he/she has remaining in his body alcohol previously consumed and the defendant was less than 21 years old. (G.S. 20-138.3)

the police officer did not take my license, i blew a .02, and i was 19 at the time.
only had one ticket in 2007, it was for speeding and it was dropped to improper equipment. thats all i ever had.

Im trying to figure out how much trouble i am in, i have hired a lawyer, hes working on getting me prayer for judgement. and i already have been to get a assessment on alcohol abuse. i only drank 3 times and this was my last time and i got screwed so to say. i think the alcohol was still on my breath and not in my system. but i guess that wont fight in court.

Sorry about the previos threads Windows 7 messed me up.
 
Last edited:


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? North Carolina

Willfully operate a motor vehicle on a street or highway while he/she has remaining in his body alcohol previously consumed and the defendant was less than 21 years old. (G.S. 20-138.3)

the police officer did not take my license, i blew a .02, and i was 19 at the time.
only had one ticket in 2007, it was for speeding and it was dropped to improper equipment. thats all i ever had.

Im trying to figure out how much trouble i am in, i have hired a lawyer, hes working on getting me prayer for judgement. and i already have been to get a assessment on alcohol abuse. i only drank 3 times and this was my last time and i got screwed so to say. i think the alcohol was still on my breath and not in my system. but i guess that wont fight in court.
:mad::rolleyes::rolleyes::mad:

You DO know WHERE your breath comes from, right?


Now...did you even have a question, or were you just cleansing your soul?
 

BigMistakeFl

Senior Member
Breath test

The "Breathalyzer" is probably not the most accurate name, if that leads you to think it measures what's on your breath. A big burp during exhale could skew the lines perhaps, but the breath test is actually evidence of what is in your blood. You drank the alcohol, it was absorbed through your stomach and more in your large intestine, entered the blood stream (your "system") and that includes your lungs.

BAC is Blood Alcohol Content, not B for Breath. And Breathalyzer is actually one make and model of the machine used for measuring BAC. Interestingly, I heard that Smith & Wesson made the first "breathalyzer"!
 

talgr

Junior Member
i Am wondering what will happen on my courtdate, is Prayer for judgement an option. or could they drop it to minor violation. I just dont know what happens in these cases.
 

talgr

Junior Member
went to court monday

I went to court monday, for some reason the officer that accused me stepped out when they called my name. and the judge said that she couldnt offer me (PJC) because i had a single car accident. but then she told my lawyer sombody else may give PJC though.
i was wondering if anyone could explain why she couldnt get me PJC cause the accident and why would she tell my lawyer that someone else may do it?

so they told me to come back on thursday, im assuming for a different judge.
 

Ohiogal

Queen Bee
Did you have passengers in this accident while you were driving? Because in your original post you never mentioned an accident you were in at this time.
 

FlyingRon

Senior Member
Why don't you ask your lawyer? PJC is entirely at the judges discretion so she is free not to offer it for any reason. If this was a preliminary hearing or such, she may have been unwilling to offer it at that time. Her suggestion to try later/elsewhere is a big hint (and possibly a big break for you).
 

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