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  #1  
Old 07-03-2008, 03:39 AM
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Interesting Drunk Driving case, with no DUI. PLEASE HELP!

What is the name of your state (only U.S. law)? Arizona

Hi, this situation is kind of weird to me, so i'm hoping for some sort of advice.

My friend got pulled over for not having her lights on. Long story short, she was pretty much busted for a DUI. But the weird thing is, she didnt get a DUI. The police officer specifically asked her if she was ready to serve 10 days in jail. She, very scared, answered no. So the cop didnt give her a DUI. She wasnt arrested, but the car was towed.

She got some sort of violations tho...I dont have the exact details yet, and if no one knows what im talking about, i should have all the information by tomorrow. I'll respond then. But hopefully someone does.

She got a violation somewhere along the lines of, driver opperating a vehicle with alcohol in their system. And what i think is MIC.

These violations sound like a DUI, but again she didnt get arrested, and the cop said she wasnt getting a DUI.

Now she has a court date, and is considering getting a lawyer because they said that these charges are going on her criminal record.

She's more afraid of having to serve jail time.

Does anyone know what these charges are..and/or the consequences of them? She's contemplated a lawyer because a friend said it wouldnt help.

Thanks in advance.
  #2  
Old 07-03-2008, 08:02 AM
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Quote:
Originally Posted by Fyasko View Post
What is the name of your state (only U.S. law)? Arizona

Hi, this situation is kind of weird to me, so i'm hoping for some sort of advice.

My friend got pulled over for not having her lights on. Long story short, she was pretty much busted for a DUI. But the weird thing is, she didnt get a DUI. The police officer specifically asked her if she was ready to serve 10 days in jail. She, very scared, answered no. So the cop didnt give her a DUI. She wasnt arrested, but the car was towed.

She got some sort of violations tho...I dont have the exact details yet, and if no one knows what im talking about, i should have all the information by tomorrow. I'll respond then. But hopefully someone does.

She got a violation somewhere along the lines of, driver opperating a vehicle with alcohol in their system. And what i think is MIC.

These violations sound like a DUI, but again she didnt get arrested, and the cop said she wasnt getting a DUI.
You really need to give more information.

Quote:
Originally Posted by Fyasko View Post
Now she has a court date, and is considering getting a lawyer because they said that these charges are going on her criminal record.

She's more afraid of having to serve jail time.

Does anyone know what these charges are..and/or the consequences of them? She's contemplated a lawyer because a friend said it wouldnt help.

Thanks in advance.
It's always smart to get a lawyer for a criminal case. Is your "friend" under 21?
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Quote:
Originally Posted by acmb05 View Post
Rex Harrison (Higgins): : The question is not whether I've treated you rudely but whether you've ever heard me treat anyone else better..
Last edited by acmb05; 07-03-2008 at 08:05 AM.
  #3  
Old 07-03-2008, 08:39 AM
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Quote:
Originally Posted by Fyasko View Post
...
She's more afraid of having to serve jail time.
...
No, you're not or you wouldn't be driving drunk.

And stop referring to yourself in the third person...makes you sound weird.
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There are two rules for success:

(1) Never tell everything you know.
  #4  
Old 07-03-2008, 11:22 AM
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Posts: 191

How Did The Cop Know About

Alcohol in her system? Did she blow? Obviously more specific info is needed as to what exactly they charged her with. She needs a lawyer, no question about it.

AZ has some of the toughest DUI laws around, and if she is minor, it could be enhanced. Minors, booze and cars do not mix well, in the eyes of the system. AZ has Zero Tolerance:

This charge may stand alone, or it may be levied against you in combination with other Arizona DUI charges.

ARS 4-244(33):
It is illegal:
33. For a person under the age of twenty-one years to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person's body.

MIC implies Minor In Counsumption of Alcohol.

They towed her car for a reason here?

Here is a link to a good sight that has lots of info regarding DUI and AZ Laws

[url]http://www.duiarizona.com/[/url]

Get more specific info and you will get better advice.
Last edited by RatPackLar; 07-03-2008 at 11:26 AM.
  #5  
Old 07-03-2008, 02:14 PM
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Posts: 632
Quote:
These violations sound like a DUI, but again she didnt get arrested, and the cop said she wasnt getting a DUI.
did she get a blood or breath test?

did she take a FST?


is this friend YOU?

I am not saying it is but if it is... you dont have to beat around the bush... many people on this site with lots of useful info and advice.. from lawyers to people who have been charged with DUI...


still more into needed.
  #6  
Old 07-03-2008, 02:31 PM
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Quote:
Originally Posted by RatPackLar View Post
...
Did she blow?
...
Kind of a personal question, isn't it?
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  #7  
Old 07-03-2008, 04:21 PM
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Posts: 191

Ha ha ha ha ha ha ha, good question!

I am not even gonna go there, ha ha ha ha ha ha.

Okay, yea I am.

They did not give her a DUI, so she says, but they did tow the car.

She blew

Maybe she had the best DUI defense of all and she did blow.

The results of such, may not be able to be measured by much more then a smile.

I suspect that the until we know the severity of the charges levied against her, the one question will remain:

Did she swollow?

Only time and the charges will tell.

I know, that is bad, but I could not resist it.
  #8  
Old 07-03-2008, 08:00 PM
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Quote:
Originally Posted by seniorjudge View Post
Kind of a personal question, isn't it?
you knew what i ment!
  #9  
Old 07-04-2008, 05:49 AM
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Join Date: Jul 2008
Posts: 3
to get it straight, it wasnt me. Do you guys really think that getting a DUI and asking advice over the internet to numerous amounts of strangers is embarassing? I know exactly none of you guys, so why would i lie about it? Hey SeniorJudge, dont you think if it was me, i could have given you the exact details of what happened? like what exact charges? No you're right..i wanted to waste time, beat around the bush, and wait till everyone said they need more information to help to give you the full details of the situation. That sounds smart.

For you guys who offered advice thank you.

Like i said, the situation is odd. I was under the impression that if you got a DUI, you got arrested. correct...or incorrect?

The car was towed, but she was able to be picked up from the scene and driven home by a friend. Not arrested.

The ticket says, "in control of a motor vehicle with alcohol in system". Before you all get sarcastic and say duh.... the only reason i bring this up is because i figure that a DUI or DWI would actually say that on the ticket right?
  #10  
Old 07-04-2008, 05:52 AM
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she took the field sobriety test, she said she did fine. ...and i repeat...she said.

she took a breath test and thats when she said they knew.
  #11  
Old 07-04-2008, 06:23 AM
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Location: Ohio
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Nope. Not necessarily arrested.
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  #12  
Old 07-04-2008, 10:24 AM
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She was arrested. She was then allowed to sign the citation promising to appear rather than be taken to jail.
  #13  
Old 07-04-2008, 01:18 PM
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Posts: 191

Now That You Know The Exact Charge

Get a lawyer, and do some research on AZ DUI Laws. I posted a link so check it out. Never assume anything with the legal system. Tell your friend, she could be looking at two seprarate actions here, the courts on the criminal side, and the DMV, on the administrative side. The courts can and will do one thing, but the DMV may, and can do something else regarding her DL.

She is a minor, and they do not play around with that. Think of it this way, a person can get stopped for DUI and refuse the chemical tests, no blow, no go, and may get off in the criminal courtsl, but the DMV can still yank the DL, just based on the refusal alone.

It happens, tell her to get a lawyer, she will need one.

Good luck!
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