More NH fun

[sd1976]

What is the name of your state? NH

So, it seems as though my lawyer has managed to work with the prosecutor and get my charges reduced to (advanced) reckless driving.

So, I've gone from facing a minimum 6 month ALS suspension, 3 month DWI conviction and SR-22 to a reckless driving charge with manditory 60 day suspension and recommendation for an additional 30 days suspension.

My questions now are:

#1 I know that I'll end up with a reckless driving charge, which is just a traffic violation, so I'll have no criminal conviction but I'll still have the actual arrest on my record. Is there any way to get the actual arrest itself expunged as if none of it ever happened in the 1st place? Still doesn't look good on a background check.

#2 Given that the charges are being dropped (reduced), if I ever got charged with DUI again (not that I EVER would), would it be a first or 2nd offense?

#3. Would I still qualify for those "point reduction" programs in which I take a course and they take 2 or 3 points off of my record?

Thanks
SD

[sjmjuly]

A reckless conviction is not "just a traffic ticket". It's an ugly violation too. It stays on your driving record for three years and you will pay higher insurance costs as a result.
As far as getting the arrest off your record - It isn't going to happen. The only way arrests are expunged is if your charges are completely dropped by the court, and your charges were not excused. Only decreased from the original charge.

[SillyPuddy]

The important lesson in this is that you can't transport someone who's intoxicated anymore. If you're with someone or people that get intoxicated, the best course of action is to call a taxi for them. Law enforcement and the state don't hassle taxi drivers for transporting drunk people home.

[xylene]

I think you really dodged a bullet.

You need to ask you lawyer about tyhe consequences long term of accepting this deal.

Do not assume you will not be stuck with the stigma of an alcohol offense.

Also, after re reading your long case presentation, I still have no clue why you refused the station breathalyzer.

[xylene]

Originally Posted by SillyPuddy

The important lesson in this is that you can't transport someone who's intoxicated anymore. If you're with someone or people that get intoxicated, the best course of action is to call a taxi for them. Law enforcement and the state don't hassle taxi drivers for transporting drunk people home.

Perhaps some better advice:

Do not refuse soberity tests.

[sd1976]

Originally Posted by SillyPuddy

The important lesson in this is that you can't transport someone who's intoxicated anymore. If you're with someone or people that get intoxicated, the best course of action is to call a taxi for them. Law enforcement and the state don't hassle taxi drivers for transporting drunk people home.

Agreed... At the time, given how wasted she was, it felt like the responsible thing to do. Both my wife and I did not have any additional drinks that afternoon because we saw how heavy she was laying it on.

I'm done with all of it. This situation scared the **** out of me but I learned very valuable information.

We all think we know what the law is, or that we know what the legal limits are. Most of us don't.

The fact of the matter is, if you have ANYTHING to drink, at any point in the day, even one beer, you can still be charged and possibly convicted (depending on evidence) of driving while imparied or intoxicated.

I realized that I don't know ****. I thought I understood my rights, and I was dead wrong.

Lesson learned.

[sd1976]

Originally Posted by xylene

I think you really dodged a bullet.

You need to ask you lawyer about tyhe consequences long term of accepting this deal.

Do not assume you will not be stuck with the stigma of an alcohol offense.

Also, after re reading your long case presentation, I still have no clue why you refused the station breathalyzer.

I spoke to him on Friday...

He told me that it will be as though there was no DUI offense. The arrest will still stay there, and that sometimes it can be expunged. No promises.

He mentioned that my offense is a 6 point violation (same as DUI) and that my insurance would skyrocket for the next 3 years. He also mentioned that even if I can get into a point reduction program (which would knock 3 points off), it only helps me with the state (obtaining too many in a period of time results in instant suspension) and not the insurance.

So, I'm stuck with the reckless charge, while not criminal, it's in the top 3 worst driving offenses.

I refused the breathalyzer because I thought I had the right to a blood test. Plain and simple. They kept mentioning how red my eyes were and literally tore the car (and my wife's belongings) apart looking for stuff. I assumed that they thought I was smoking pot and looking for evidence. While I don't smoke pot, I figured that I'd fare better in court with a blood or urine test if the officer tried to submit his visual evidence of me being stoned.

I was scared and stupid... I thought I knew, and I didn't. Now I know!

[sd1976]

Originally Posted by xylene

Perhaps some better advice:

Do not refuse soberity tests.

Yup, although as I've learned, you can still blow a 0.0 and be arrested & charged due to your "perceived" performance on your motor skills or eye tests. You still go to court, and still risk losing, although your position is a million % stronger having the results of the breath test in your favor.

[SillyPuddy]

"Yup, although as I've learned, you can still blow a 0.0 and be arrested & charged due to your "perceived" performance on your motor skills or eye tests.

** Now you've seen the light. That's why the field sobriety tests involve unnatural physical performances. The goal is to get good citizens with good jobs in to the DUI system because....pssst!.....you have disposable income.