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  #1  
Old 09-27-2004, 01:12 PM
tree5027
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Long Complicate Story Need Help


What is the name of your state? Pennsylvania
Alright lets start with the DUI. I got a dui about a month ago and my bac was .16 so i got some papers in the mial with information on it about a court date, thats all i know aboutthat i havent had a lot of time to look at it since i am at school. im 19 by the way but will i go on probation for sure or is it just a possibility. I didnt hit anything or anyone and no one was in the car with me. They siad i went on to the other side of the road and swerved, but I dont think it was that drastic at all. This is just part of the story a few days ago I went to the University of Pittsburgh and got a disorderly conduct. this is all they charged me for even though i was intoxicated but anyway the officer charged me with tearing out plants and then knocking over a garbage can. My one friend was the one tearing out almost all of the plants and then he would spike them off the ground, i did knock over a garbage can but its not like that damaged anything, but we were all walking together and the cop only grabbed me and said come over and talk to us son or something like that and my friend was right beside me when they came over and the cop didnt say anything to him and he didnt get ****... Now the messed up part to this the cop didnt fill in the part of the citation that has the fines, he fill oud a sec# but not anything else. It was all left blank ( the fine part) So i have not a clue to what I would owe anyway and it is just blank nothing is written on it to show that it is not specified. it seems like he forgot to fill it in, so without any fine written I cannot pay for it so will they just drop the case or what do you think will happen, and will this to anything for the dui I recieved. will it prevent me from gettign it expunged or is that just if i get a charge against me that is alcohol related. It was also the university police that come to me so does that matter??
please try to ans ewer some of my questions.... thanks
  #2  
Old 09-27-2004, 04:52 PM
D.B. Cooper
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Your "grasping at straws" story sucks. Your guilty! Go shopping for a butt plug becuase your going to need it in jail. You are going to do 6 to 12 months. Here is whats going to happen. The state deciding you're a doofus and a waste of time, will put you on probation. Knowing full well that you will never make with your attitude. You will try to beheve for awhile, but since you are a delinquent you will start partying after a few months and start acting the idiot. You will end up violating probation. No jury, no trial, no reasonable doubt, just jail.

Just close your eyes and pretend it's your girlfriend with a cucumber.
  #3  
Old 09-27-2004, 05:21 PM
tree5027
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i think you are an idiot


first of im not going to jail i just have fines
besides the fact that I know im guilty of the dui but the disorderly only has a fine of up to $300 thats not anything close to jail, and i just have to take ard for the dui and pay fines and lose my lisense. Im am in college and have a GPA of 3.2 you think im a wast of life wow what an idiot. Maybe I didn't mention that I play bass, snoboard, and go to the gym 5 times a week you think I'm out doing this all the time. I'm a college student that has just been unlucky. I will never drive after drinking again I have learned my lesson, and the disorderly is basicly my friends fault.Does anyone want to give me some real advice on the situation.
  #4  
Old 09-27-2004, 06:02 PM
shamus413
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I hear ya on that one


Yo, i'm with ya on a college student that got unlucky. I was at my brothers school and got a dui for being .092. I also play bass, have my band, 3.35 gpa and run and go to the gym as well as have a campus job. We just did something stupid and learned our lessons. I have been worrying about what i did for the past few days and im getting sick because of it. Nothing happened, no accidents, but i am curious to hear what your situation is with this though....
  #5  
Old 09-27-2004, 06:29 PM
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Show up at the court date and take it from there.

However, a DUI conviction CAN have some long term consequences for insurance, driving, porobation, and hefty fines so you may want to consult an attorney before walking in blind.

I'm afraid I am not familiar with the court procedures in PA sufficiently to know whether failing to put a fine on something is required or not. My gut feeling is that it's not. So for that one, you may want to show up at the initial court date and see how that goes.

- Carl
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  #6  
Old 09-27-2004, 07:26 PM
D.B. Cooper
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Quote:
I'm a college student that has just been unlucky.
No, you are a college student who is accussed of commiting a crime. But don't worry, everyone in prison says they are either unlucky, or innocent, you will fit right in.

Just remember this conversation when they offer you the probation.
  #7  
Old 09-27-2004, 07:37 PM
tree5027
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your rebuttles suck


why do you seriously think im going to jail you are an idiot
im pleading guilty for the dui and i never have had any problems in the past except for 2 petty driving offenses ones that dont even give you any points, and the cop that gave me the dui said he is probably going to keep it out of the paper for my sake, which is lucky for me. I'm not going to go to jail for the first offense dui and the max for that is 48 hours and thats after your second dui anyway you must not know much about the law. The disorderly was from university police how the hell do you think im going to go to jail for that??? that has nothing to do with drinking. ??? so i wanna hear the real reason behind such thinking. Yes I prolly will be on probation, and yes i will have a lot of fines to pay, and i will have to take ARD. but im not going to jail i dunno where the hell you came up with that.
and shamus413 i under stand where you are coming from.
  #8  
Old 09-27-2004, 07:43 PM
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The ticket for such an offense does not have to be completed. That will be up to a judge based on the limitations of the statutes.

I can tell you however, that if you go into court with the excuse that you're only 19 and in college, the judge isn't going to give two cents worth of a $***.

You blew twice the legal limit THEN decided to become a danger to society by getting behind the wheel. Probation is theleast of your worries.
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  #9  
Old 09-27-2004, 08:28 PM
tree5027
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i know


look i ****ed up big time with the dui , i am just pleading guilty and takeing what he gives me the officer seemes to understand the sitatuion with this being a 1 time thing. people mess up all the time in different ways i know the judge this happened in my home town and he knows my family and my situation as a matter of fact my parents were trying to get ahold of him so that we might be able to settle it before the court date so that he could do what was needed. I will never do this again, for everyones sake even my own obviously i am just going to have to beg for mercy and tell him that this is a one time thing and to please take it easy on me the cop seems to understand i think the jusdge will to but dont take me wrong i will still get my ass handed to me because i will lose my lisenes i will have to pay huge fines and i will have to take ard and be on probation prolly.

Now the disorderly conduct was at pitt which is like 80 mi away from where i live, i called the dept and asked them i have to go to the hearing whenever and the fine has a max of $300 im pleading not guiloty because i didn't do half the dameage they said i did. It was the university police and they were trying to scare me the cop told me i wasnt allowed at pitt ever again which i dont think he can do but, it might be a good idea to do that. anyway i dont think thats anything big at all

i think i just have to worry about my dui and get all that **** taken care of so i can try to expunge it in a year...which the police told me i could do they seem to be really nice to me as of now so i just need to be nice to them and hope for the best but i really dont think jail time will be served here.... and just so all of you know im not expecting to get off just because im 19 i know i am and i dont expect to get any slack for anything because of it all im saying is i am serious about school and music and film i plan to go to school for 8 years and get my dr in psychology along with going to a film school after grad school and i will minor in theater. while along the way possibly trying to make an indy film and also start a small band with some friends while attempting to do well with playing both the electric bass and the violin. Im not attempting to **** all this up, im trying or i wouldnt be here. i ll prolly get close to a 3.8 this semester and i dont plan on lettign college slip by. Im just letting all you ppl out there know this that think im this huge drunk **** up that is going no where... thanks for all the replys by the way
  #10  
Old 09-28-2004, 03:06 AM
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First off.....your posts are extremely difficult to read. Proper sentence structure and paragraphs go a long way.....

Second, don't listen to those who don't know of what they speak. Being a 0.16, you were likely charged under 3802(c), which carries a penalty of 72 hours to 6 months. ARD will prevent any jail time, and Disorderly Conduct does not automatically disqualify you from the program. However, it is entirely at the discretion of District Attorney's Office, and each county has it's own set of additional rules than those imposed by state law.

The DC citation carries a maximum fine of $300 and / or 90 days in jail. If you haven't been a problem before, you will most likely receive just a fine. The officer did not complete the citation's fine blocks because it is a "sliding fine" and at the discretion of the Magistrate to set the fine (again, up to a max of $300).

My advice would be to plead guily to the DC. The reason I say this is that the officer actually cut you a break by not issuing you the underage drinking citation. When you appear in court and argue your case, that fact will certainly come out and I would speculate that the Judge will impose the max fine of $300 (if you are convicted, of course).

Edited to add:

The fact that the officer issuing the citation was a University officer is immaterial. He is a sworn police officer by Pennsylvania law, and his arrests / citations carry the same weight as any other police officer.
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  #11  
Old 09-28-2004, 09:07 AM
tree5027
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All right then I will attempt to type in a normal manner. Anyways, the only reason I am trying to get out of the DC is because I barely did anything at all, I would also like to hear the cops story. The reason I would like to is because I want to know who reported the people doing this damage. My friend did most of the damage acatually he did like all the damage, I knocked over a trash can, thats it. Yes, I was drunk but why wasn't the other person described to the police or what all happened. See, I do not think it was the police that saw any of this I think it was someone that called it in, and when they called they described me just because I was easier to describe. I would just like to know what acatually happened. I am not guilty of the charges he wrote on the citation, if the judge wants to fine me for the garbage can then thats fine I did that, but I watched the kid i was with running overtop of cars and tearing out plants he was spiking them off the ground as if he was scoring a touchdown, and this is why i find it troubling that I am the one that will be in trouble. The cops have no excuse to why they didnt get my friend, he was right beside me when the cop walked up to me.

Yes, he cut me a break I acatually thanked him on the spot, where this all happened. I will not plead guilty to things that I dindn't do, since when is that part of our justice system. That's the only reason I want to plead not guilty...
or could I plead guilty and still tell him what happened?
doing that wouldn't make sense since it said i was tearing things out of the ground when i didn't.

I wish I knew the story the police were given.
  #12  
Old 10-01-2004, 03:20 AM
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Try to understand this:

You were cut a break by being charged with DC INSTEAD of Public Drunkeness or Underage Drinking.

It is common practice for an officer to write someone for a lesser but not-exactly-applicable charge in order to cut a break. It's people like yourself who don't understand this fact that ruin it for others who are deserving of some leniency.

You see, the officer could have charged you with public drunkeness and underage drinking, but instead issued you a citation for DC so that you would get off lighter (kind of a curb-side plea agreement). So instead of accepting that fact and being grateful, you plead not guilty. True, you may not be guilty of DC but you are guilty of the other two charges the officer let slide.

Why is this so hard to understand?
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