Please Enlighten Me, O Knowledgeable Ones. (dui & other)

What is the name of your state? California

My Story
I'm 19yrs old. I got a DUI in June for the first time. I was not arrested, cops took me home instead. A friend of a friend who's a DA helped me out and I didn't have to go to court. He told me my case was dismissed. Then he said I should be getting my license back in the mail. But I never did and I didn't know what to do. I looked at my yellow ticket. It said something about DMV hearing in 10 days, but I didn't do anything. My BAC was .05%. The officer never showed me what the breathalyzer said. Anyway, I'm a college student and my fall semester started, I drive to school every morning thinking either my license is suspended or it is coming back to me in the mail. One day, I got hit by another car (I was considered not at fault). Cops came. Gave me a citation for driving while license was suspended. I am due in court in October. I didn't tell the DA about this because I feel his helping me for the DUI was just a one-time-thing, and ofcourse no fee was asked of me. So that's why I am here. For free advice.


The Result
No more drinking. Period. I have put myself under house arrest, I go to school and bury myself in books everyday. I am ready to do any community service, take any classes to remove those 4 points from my driving record. Even if I can't drive till I'm 21, I know I deserve it. I am terrified of driving now. My back hurts alot from previous car accidents not related to drug/alcohol. I didn't do anything about it because I didn't know until now that this woud have a long-term effect on my body. My car got impounded, still is. My insurance will pay for damage. I commute to school everday -- 1.5 hours.


Questions
I am a green card holder -- are these two incidents considered a felony?
Is it going to be hard for me to get my citizenship?
Infraction/Misdeamor/Conviction -- What are the differences? In the future, are these going to cancel any hopes of getting a job?
Do I get to say anything in court? Or is it just showing up and going home?
How long is my license going to be suspended? revoked?
I hate to ask this but, can I request for restricted license or something to use for going to school and back home only?
Can I also request Community Service, or anything else to remove the 4 points?
And if I can, how long is it going to take to complete?
Sorry for alot of questions.

Any critism, smart, sarcastic remarks, advice, information will be greatly appreciated. I've read quite a lot of forums that have similar links to my story so I could avoid having to post one up for myself, but I couldn't find any. I found alot of angry replies too, critisizing the poster. I think it is important for one to know as much as possible about people's point of views/opinions. It keeps things interesting, right?

[CdwJava]

Originally Posted by xtxdx

I'm 19yrs old. I got a DUI in June for the first time. I was not arrested, cops took me home instead.

Very dumb of the cops if you were DUI ... and if it were MY officers, I'd have their tails in a sling.

However, if they brought you home because of a zero tolerance violation as opposed to a DUI, then I can understand the courtesy.

There should never be a "first time" ... especially at 19!

A friend of a friend who's a DA helped me out and I didn't have to go to court.

What kind of enforcement is IN this county where you live?!

He told me my case was dismissed. Then he said I should be getting my license back in the mail.

Good God! I did not realize that the county of Mollycoddling was in my state!

This can't be for real!

But I never did and I didn't know what to do. I looked at my yellow ticket. It said something about DMV hearing in 10 days, but I didn't do anything.

Ah! Bad news. Your license was suspended. You need to contact the DMV and find out what you need to do to get it reinstated.

My BAC was .05%. The officer never showed me what the breathalyzer said.

Then how do you know it was .05? I presume because he told you? he does not have to show you the machine's reading. You get a chance to see the readout later if you challenge it.

It sounds like were popped for a zero tolerance violation which is administrative and NOT criminal. In other words, you ONLY face the suspension of your license and not a criminal prosecution.

However, you ARE lucky because you CAN be DUI at .05. And people your age often are.

Anyway, I'm a college student and my fall semester started, I drive to school every morning thinking either my license is suspended or it is coming back to me in the mail.

Nope. If you read the form closer you will find that your license will be suspended if you fail to contest the hearing.

One day, I got hit by another car (I was considered not at fault). Cops came. Gave me a citation for driving while license was suspended. I am due in court in October. I didn't tell the DA about this because I feel his helping me for the DUI was just a one-time-thing, and ofcourse no fee was asked of me. So that's why I am here. For free advice.

Well, last time it was likely a zero tolerance administrative violation, so the DA did not do you any favors as you were not apparently charged with a criminal act - only the administrative penalty for driving with .01 or better BAC while being under 21.

My advice would be - contact the DMV and see how you can get the license re-instated. In the meantime, understand that ANY CAR YOU DRIVE can and will be impounded for 30 days ... then you will have to pay close to $1,000 to get it out of impound.

Carl

Thank you for the respond. The officer did not show me or tell me the results, I saw the .05% on the yellow ticket. I wasn't speeding, but that's not an excuse I know. Reinstate? I'm not familiar with that word.

[CdwJava]

In other words, ask how you can get your license back ... how it can be made valid again.

Carl

[I AM ALWAYS LIABLE]

xtxdx
Junior Member Join Date: Sep 2004
Location: California
Posts: 10


I came to this site to look for advice. I got more than advice. IAAL, I want to thank you for your comments, you were very hard on me, and it has made me think about my actions, and I know I will pay for the consequences. I fully understand that I am very, very lucky I did not injure/kill other(s) when I drank and drove home that night. Getting pulled over and receiving DUI has opened my eyes to the bigger picture if somebody had gotten killed by my ignorance and disrespectfulness towards the law. I take full responsibilities for my actions, and I hope I am a small example to other people who even think of drinking and driving.

I am truly compelled by my actions to apologize for the way I presented my thread, which may have appeared disrespectful and ignorant. I very much appreciate any kind of comment.. but I'm closing this thread, and I have closed the other thread titled Green Card Holder..


Remorsefully yours,
xtxdx

My response:

Gee, how nice. An apologetic foreigner. Well, it's just too little and too late for you. You're going home.

IAAL

Originally Posted by I AM ALWAYS LIABLE

My response:

Gee, how nice. An apologetic foreigner. Well, it's just too little and too late for you. You're going home.

IAAL

I can see you are definitely here to keep people in line. No matter what you say, my realization has proved that you are an individual I can look up to. Keep up the good work. This world needs more people like you.. wish I had met you earlier, then I wouldn't have been so stupid and disregardful.

xtxdx

[JETX]

Originally Posted by xtxdx

I can see you are definitely here to keep people in line. No matter what you say, my realization has proved that you are an individual I can look up to. Keep up the good work. This world needs more people like you.. wish I had met you earlier, then I wouldn't have been so stupid and disregardful.

xtxdx

Damn, now I have tears in my eyes!! IAAL, we all love you. We do, we do!!!
Alright, all together now..... GROUP HUG!!!

Kumbaya my Lord, kumbaya
Kumbaya my Lord, kumbaya
Kumbaya my Lord, kumbaya
Oh Lord, kumbaya

Someone's singing Lord, kumbaya
Someone's singing Lord, kumbaya
Someone's singing Lord, kumbaya
Oh Lord, kumbayah

Someone's laughing, Lord, kumbaya
Someone's laughing, Lord, kumbaya
Someone's laughing, Lord, kumbaya
Oh Lord, kumbaya

Someone's crying, Lord, kumbaya
Someone's crying, Lord, kumbaya
Someone's crying, Lord, kumbaya
Oh Lord, kumbaya

Someone's praying, Lord, kumbaya
Someone's praying, Lord, kumbaya
Someone's praying, Lord, kumbaya
Oh Lord, kumbaya

Someone's sleeping, Lord, kumbaya
Someone's sleeping, Lord, kumbaya
Someone's sleeping, Lord, kumbaya
Oh Lord, kumbaya
Oh Lord, kumbaya

[I AM ALWAYS LIABLE]

My response:

Oh my God, JetX!

That was extremely funny! Thanks for the laugh!

You do a great "Joan Baez" imitation.

IAAL

[JETX]

Originally Posted by I AM ALWAYS LIABLE

My response:

Oh my God, JetX!

That was extremely funny! Thanks for the laugh!

Thought you might appreciate it. You're welcome.

You do a great "Joan Baez" imitation.

Actually, I was doing the original.... by Peter, Paul and Mary!!

[I AM ALWAYS LIABLE]

Originally Posted by xtxdx

No matter what you say, my realization has proved that you are an individual I can look up to. Keep up the good work. This world needs more people like you.. wish I had met you earlier . . .


xtxdx

My response:

I know that when you look at me
There's so much that you just don't see
But if you would only take the time
I know in my heart you'd find
A girl who's scared sometimes
Who isn't always strong
Can't you see the hurt in me?
I feel so all alone

I wanna run to you (oooh)
I wanna run to you (oooh)
Won't you hold me in your arms
And keep me safe from harm
I wanna run to you (oooh)
But if I come to you (oooh)
Tell me, will you stay or will you run away

Each day, each day I play the role
Of someone always in control
But at night I come home and turn the key
There's nobody there, no one cares for me
What's the sense of trying hard to find your dreams
Without someone to share it with
Tell me what does it mean?


(chorus)

I need you here
I need you here to wipe away my tears
To kiss away my fears
If you only knew how much...


(chorus)




IAAL

HA HA HA.. I guess I am too late for any more Advice. You guys have good sense of humor. Well I tried and have no regrets coming to this site and asking for some advice. Good Night folks and don't let the bed bugs bite.