Minor - wreck and DUI

[FinallyFree]

What is the name of your state? California

Hi - I just need a little advice. My son is 18 - legal drinking age is 21. About 6 weeks ago he wrecked his car after leaving a party... he waited at the scene for the police to arrive. They tested him on scene and he blew a .06 I believe. He was then arrested and later at the police station he blew a .04. Nobody else was involved... just him. He wasn't hurt, just basically wrapped his car around a telephone pole when he almost missed a freeway exit and over-corrected. One of his front tires was beyond bald, and he was extremely tired, but I'm not making excuse for him. I know he's screwed, that much I get, but he has court tomorrow and I'm not sure what to expect. We don't have an attorney or public defender at this time... does he need one before tomorrow or can he state at that time that he would like one? Does one always need some sort of representation?

Thank you kindly...

[paguy88]

Originally Posted by FinallyFree

What is the name of your state? California

Hi - I just need a little advice. My son is 18 - legal drinking age is 21. About 6 weeks ago he wrecked his car after leaving a party... he waited at the scene for the police to arrive. They tested him on scene and he blew a .06 I believe. He was then arrested and later at the police station he blew a .04. Nobody else was involved... just him. He wasn't hurt, just basically wrapped his car around a telephone pole when he almost missed a freeway exit and over-corrected. One of his front tires was beyond bald, and he was extremely tired, but I'm not making excuse for him. I know he's screwed, that much I get, but he has court tomorrow and I'm not sure what to expect. We don't have an attorney or public defender at this time... does he need one before tomorrow or can he state at that time that he would like one? Does one always need some sort of representation?

Thank you kindly...

My son is 18 - legal drinking age is 21 DUH its 21 all over the USA and has been for some time.

YES he needs a lawyer yesterday get a DUI lawyer NOW.

he not only has the DUi but the underage drinking issue.

plus the accident..

you can bet the judge is going to be to nice to him with the DUI underage and accident all rolled up into several charges on a criminal complaint.

get him a lawyer ASAP.. you should not be waiting to post this now the day before his court date... you should have been looking into lawyers to proect his rights long ago. you better beleive the DA knows the law and will use every means possbile against him.

Oh and wraping a car around a telephone pole while being underage is not minor.. a fender bender with some stretches is minor.

get a DUI lawyer NOW

godd luck

[sakura74]

At the very least since your time is slim to none you should make some phone calls to a lawyer or to the public defenders office prior to showing up to court.

You shouldn't have waited.

I think the courts are harder on minors then they are on adults in this type of situation.

[FinallyFree]

I wasn't stating it was a minor offense... I was stating my son was a minor. My husband talked to an attorney but he still doesn't seem to think it necessary to retain one, at least not yet. I just don't know how the whole process works. Can he stand up in front of the judge tomorrow and ask for an attorney or a public defender?

[FinallyFree]

At the very least since your time is slim to none you should make some phone calls to a lawyer or to the public defenders office prior to showing up to court.

Okay so I just called the public defender's office and they stated that tomorrow is when he will either ask for an attorney, a public defender, or state he chooses to represent himself. To anyone already familiar with court process, does this sound accurate? Anyone feel that a public defender wouldn't be a good choice? He doesn't have any money and makes minimum wage so I'm sure he would qualify, and the situation is such that he knows he brought this on himself and will have consequences to pay. Is there really a wide variety of consequences he could have to serve depending on how "good" his representation is?

[CdwJava]

It's likely he will be charged with a zero tolerance violation - CVC 23136 or, if they can establish a BAC of .05 or higher, CVC 23140.

If they have the ability to prove impairment he can be charged with DUI.

And he does need an attorney.

- Carl