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  #1  
Old 08-31-2007, 01:19 AM
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Questions about son's first DUI


What is the name of your state? California
My 22 year old son was pulled over last weekend at 3:00 in the morning on his way home from being out with friends. He had been drinking earlier that evening but felt he was fine to drive by the time he started home. He asked the officer why he pulled him over was not given a reason. The breathilizer test was 0.11. He spent the night in jail and was released about 6 hours later. This is his first DUI.
His license was taken and he was given a temporary good for 30 days.
Question #1 - Does he really need to get a lawyer, he was driving over the legal limit and really cannot afford one. He also does want to appear in front of the judge to personally tell him that he has learned his lesson and will not do it again.
Question #2 - Should he contact his insurance company and tell them of his DUI?
Question #3 - What can he expect if he goes to court without having a lawyer?
Any advice will be helpful.
  #2  
Old 08-31-2007, 02:31 AM
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Quote:
Originally Posted by tbud333 View Post
Question #1 - Does he really need to get a lawyer, he was driving over the legal limit and really cannot afford one. He also does want to appear in front of the judge to personally tell him that he has learned his lesson and will not do it again.
It is always a good idea to consult with an attorney before accepting a plea agreement. Some counties can be tougher than others, and having an attorney to see him through the process certainly cannot hurt.

Quote:
Question #2 - Should he contact his insurance company and tell them of his DUI?
That's not a requirement unless a collision was involved or he is making a claim. They will likely find out eventually, anyway. Why rush things.

I suppose it's possible that his policy requires him to notify them, but I am unfamiliar with any such conditions, so it might be something others can answer.

Quote:
Question #3 - What can he expect if he goes to court without having a lawyer?
Any advice will be helpful.
He can expect to get spanked harder than if he had one.

- Carl
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  #3  
Old 08-31-2007, 07:38 PM
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BigMistakeFl


Explaining his story and telling the judge he learned his lesson will not make much difference. Judges cannot reduce charges. The prosecutor can do so, but isn't likely to with such strong evidence. I would speak with an attorney and expect first offense DUI minimum penalties, with jail unlikely. Fines, DUI classes, probation, license suspension and the DUI on his record.
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"I only had a couple of drinks..... there's no way I was impaired!."
  #4  
Old 09-01-2007, 01:18 AM
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I had a friend who got a DUI and never told her ins co. She went three years and no rate increase. They usually do a record check when you make some kind of policy change. Tell him to keep the same car, don't get married, and don't move for three years!
  #5  
Old 09-02-2007, 01:02 AM
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I think that in order to get his license back after his suspension, he has to pay the re-issue fee to DMV, and provide a SR-22 form from insurance company. I don't want to tell my insurance company until I have to because I don't want my rates going sky high before they have to. I would rather wait until he is allowed to drive again (could be anywhere from 4 months to a year) before insurance company has to find out and then possibly cancels me altogether. He is on my husbands and my policy right now. That is why I asked if I HAVE to tell them right now.

Last edited by tbud333; 09-02-2007 at 01:46 AM. Reason: more explaination
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