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  #1  
Old 12-18-2008, 03:06 AM
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Unhappy

this is ridiculous


What is the name of your state (only U.S. law)? Pa

So here is what happened. I was at a Christmas party and had had three beers. I am a 19 year old, college student. I had had those drinks and had stopped for a sufficient amount of time, about an hour and a half. To be honest, I don't drink a lot and I'm kind of a lightweight. A friend of mine had a date who was feeling sick, so he told her that he would walk her home. She was completely against that because it was 20 degrees outside. Me being the most sober AND responsible person there offered to drive her home. Now I'm the kind of person completely against drunk driving. But in all seriousness, I was stone cold sober. I could have done integral calculus if you wanted me to. So we get in my friends car and make the 1 mile journey to the dorms where this girl lives. I pull up and he takes her up to her room. It takes about 5 minutes for my friend to come back down.

Here's the kicker. I turned off the engine to save gas. While the engine was off, I noticed that the headlights were still on. So I flicked them off. 5 minutes later my friend arrives and I pull out. I turn onto the street and start heading home. A block from my apartment, DUI checkpoint pulls me over for having my headlights off.

The headlights were going to kick on in a few seconds! The cop tells me that it's a DUI checkpoint and asks me to take the prelim breath test. At this point I realize I'm screwed. But It was freezing cold outside and I'm so nervous. I've never had any trouble with the law. No speeding tickets, no parking tickets, I never even got detention in any of my k-12 schooling. So I was not in the right state of mind to realize I should have declined the FST. I take the FST and I felt like I did well. I literally felt sober. Like I said, they could have handed me a book on integral calculus and I would have made stuff happen. Nope. I take the test and they arrest me anyway. I had to go give a blood test. I could have declined it but I'd face more severe punishment.

I blew a .07 and the blood results showed something similar.

I have no idea what to do now. I hope I don't get some massive fine. I'm a poor college student who is unemployed. I'm stressed out with finals week going on right now. I don't know what the next steps are. Do I need to contact a lawyer? How much will that cost? Is there any way It can get put on the shelf? This is an absolutely terrible situation for me. I'd like to think I'm the model citizen. I've returned lost wallets and I even help run a philanthropy.

Basically I'm asking what is the worst that could happen and what is the best that could happen.

Sorry if I sound like another young person who is freaking out and telling their story. I honestly just do not know what to do.

Last edited by pp1412; 12-18-2008 at 03:16 AM.
  #2  
Old 12-18-2008, 07:04 AM
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Join Date: Feb 2007
Posts: 8,280
At .07 you weren't sober. Perhaps not over the per se limit, but far from sober.

At .07 you are certainly guilty of underage consumption. You're not supposed to be drinking at all. PERIOD.

The fact that the headlights would come on in the future doesn't change the fact that you were driving with them off. That's plenty probable cause for the cops to stop you. If you hadn't been otherwise breaking the law, the cop would probably just have reminded you to turn the on.

You can bet there are penalties even if they don't hit you up for the full DUI.
You can expect up to $5000 fine, lose your license for a year, required alcohol classes, plus if you chose to get your license back substantial insurance increase.

PA has a program called ARD for first time offenders that you may qualify for that will let you keep this off your record if you successfully complete the period of probation.

You'll need a lawyer, yes.
  #3  
Old 12-18-2008, 10:36 AM
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As a minor with a BAC of .07, you should expect to be charged with DUI. The majority of first time DUI offenders are offered ARD, which will prevent you from being convicted. This means no criminal record, no jail time, record expunged. They've changed the program since I went through it, so I'm not 100% positive of everything it entails anymore. But you can believe it's better than a conviction. You should hire a lawyer, and any lawyer you call and tell your story should tell you about ARD.
  #4  
Old 12-18-2008, 11:11 AM
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Posts: 3,781
I am really curious, though.

what part was ridiculous?

The fact that you were 19 and drinking alcohol?
The fact that you were drinking alcohol and driving?
The fact that you were driving with your headlights off?
The fact that you were tested and proven over the legal limit (which, for you, is ANY)?
Or is it the simple fact you were caught?

I am also curious about the statement "I was the MOST sober and responsible person there". Does this mean that everyone else was ALSO drunk and driving?

Responsible people don't drive drunk. Ever. And you were drunk... the BAC says so.

And stop with the whole "I could have done advanced mathematics" thing. No one cares. All we care about is another drunk kid that things, incorrectly, that the DUI laws don't apply to him.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #5  
Old 12-18-2008, 03:20 PM
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Ridiculous is the fact that he thinks this is ridiculous.
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  #6  
Old 12-18-2008, 03:24 PM
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Location: Ohio via TX
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Quote:
I'd like to think I'm the model citizen. I've returned lost wallets and I even help run a philanthropy.
So now you have the opportunity to reflect on your moral downfall and strive to become as perfect as you think you were.

You violated the law when you took the first sip. After that, it was all downhill. It IS ridiculous....ridiculous that you would think that you should not have to be held to the same level of the law as anyone else due to your over inflated sense of self importance and your self appointed sainthood.

Grow up, Junior.
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Hook 'em
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Unless your child is Bobo The Two-Headed Dog-Boy at the county fair, you don't have to pay to see him.
okay so basically I am supposed to look online at each particular state and then get their specific question answered?---kidyivau1
  #7  
Old 12-18-2008, 03:35 PM
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Posts: 463

simple mistake


Stop beating the kid up. Not a rapist, murderer, CEO of some major corporation that spent billions and has the b_lls to ask for more millions to spend, not a felon, not a junky, not a dealer....

The more I come on here and see responses to a somewhat naive young person's attitude with some type of malice the less I come on here....

Just pay your dues and move along in life. I'll pick you over some wife-beating, child abusing church-going parent that probably pass me every day on the bus.

I don't think many people on this board have seen the worst of what society has to offer. Getting a DUI is getting to be the most common problem in and around big cities, but its nowhere near the size of problem MADD makes it out to be, but I mean, someone has to pay for their organization, right?

I want you all to know that getting my DUI did wonders for me. I save 300-500 a month on gas, 100 on insurance, 1,000 on annual up-keep, 100-200 on tolls, and keep a ton of sanity not having to drive and help people that want to borrow my truck...So that's 8,400 I will save for taking public transit as a result of my mishap.

Not only am I making out on the deal. I'm saving money. A DUI just needs to be a lesson learned and an incovenience for you to learn your lesson, but really, states need to find better ways that the offenders can pay the community back. Honestly, I'd rather be working to help some group of kids out or painting a school but politicians are too stupid and making WAY TOO MUCH MONEY off these things to think about something that will actually help people....

go ahead. say I'm wrong. say you disagree. my life now is better than it was when I was driving. I made a mistake, but right after my suspension is up, I will just use it as motivation to make better choices. you all have a fine day. get off these boards. they're bad for your brain.
  #8  
Old 12-18-2008, 03:41 PM
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Quote:
Originally Posted by irish77 View Post
Stop beating the kid up. Not a rapist, murderer, CEO of some major corporation that spent billions and has the b_lls to ask for more millions to spend, not a felon, not a junky, not a dealer....

The more I come on here and see responses to a somewhat naive young person's attitude with some type of malice the less I come on here....

Just pay your dues and move along in life. I'll pick you over some wife-beating, child abusing church-going parent that probably pass me every day on the bus.

I don't think many people on this board have seen the worst of what society has to offer. Getting a DUI is getting to be the most common problem in and around big cities, but its nowhere near the size of problem MADD makes it out to be, but I mean, someone has to pay for their organization, right?

I want you all to know that getting my DUI did wonders for me. I save 300-500 a month on gas, 100 on insurance, 1,000 on annual up-keep, 100-200 on tolls, and keep a ton of sanity not having to drive and help people that want to borrow my truck...So that's 8,400 I will save for taking public transit as a result of my mishap.

Not only am I making out on the deal. I'm saving money. A DUI just needs to be a lesson learned and an incovenience for you to learn your lesson, but really, states need to find better ways that the offenders can pay the community back. Honestly, I'd rather be working to help some group of kids out or painting a school but politicians are too stupid and making WAY TOO MUCH MONEY off these things to think about something that will actually help people....

go ahead. say I'm wrong. say you disagree. my life now is better than it was when I was driving. I made a mistake, but right after my suspension is up, I will just use it as motivation to make better choices. you all have a fine day. get off these boards. they're bad for your brain.

It's not the DUI. It happens. (Still stupid in this day and age, but it happens).

The fact that he thinks it's ridiculous that he, such a paragon of stellar virtue, should have to suffer the indignities the rest of the US population must suffer is what is absolutely, stupendously ridiculous.

As far as DUI not being as big of a problem as MADD makes it out to be...try telling that to the families of 16,500+ that died in 2005 (latest year stats are available). That's not taking into account the life altering, yet non-fatal, injuries.

Ahhh, just read your post directed to me. Never mind. You are a very unpleasant person who can't manage to stay on topic and who thinks that your DUI is one of the best things to happen to you. Luckily for you (I am assuming) it wasn't the WORST thing that happened to someone else. I'm assuming you managed NOT to maim or kill someone that fateful day.

You should stay off the boards. Your brain can't take much more, apparently.
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Hook 'em
Quote:
Unless your child is Bobo The Two-Headed Dog-Boy at the county fair, you don't have to pay to see him.
okay so basically I am supposed to look online at each particular state and then get their specific question answered?---kidyivau1

Last edited by mommyof4; 12-18-2008 at 03:45 PM.
  #9  
Old 12-18-2008, 03:54 PM
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Join Date: Sep 2008
Posts: 3,781
I am so very glad that you, a convicted DUI, has found the silver lining in your little dark cloud.

Maybe you and the OP can form a little group for drunks that drive? maybe you could even include all the ones that are in prison for killing or hurting other people? maybe you could even have special pins or hats for those with more than one?

Oh happy happy!!!

Of course, it will have to be a webconference since none of you idiots can drive.

And yes, if you drink and then drive YOU ARE AN IDIOT.

In a way, it is even worse than wife beating... because you commit a possible life threatening act against perfect strangers. People whose only contribution to the crime you are about to commit is that they happened to be on YOUR road.

And if you really wanted to paint a school, why would you wait for a judge to sentence you to do it before you acted? You know, you could just volunteer!

Of course, they won't let you read "The little engine that drank", but we will find something.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #10  
Old 12-18-2008, 04:13 PM
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Posts: 8,280
Yes, there is an organization for you. Drunks against Mad Mothers (DAMM).
  #11  
Old 12-18-2008, 04:50 PM
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Posts: 463
See, what you're doing Mommy is assuming that me and every other DUI offender are at some point going to kill someone in our driving lives and if that was the case then there would be 300,000 lives taken a year in Cali alone from the 300,000 individuals with 3+ DUI's driving in that state.....

Case in point....do you catch a child stealing and forecast him to be a grand theft criminal years down the road?

Do you light camp fires and then progress to lighting buildings on fire?

Do you go fishing and then escalate to killing humans and cutting their heads off?

Why don't you read the stats on how many people speeding kills? It's not far off from and may be above what DUI has taken. I have personally interacted and spoken with moms from MADD. In respect to those ladies, I take my comment back, but YOU KNOW WHAT? She didn't come in to blame any one of us because her son was in the car that was driven by a drunk driver...she just didnt want to see us make the same decision and end up dead.
  #12  
Old 12-18-2008, 04:53 PM
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Quote:
Originally Posted by cyjeff View Post
Of course, it will have to be a webconference since none of you idiots can drive.

And if you really wanted to paint a school, why would you wait for a judge to sentence you to do it before you acted? You know, you could just volunteer!

Of course, they won't let you read "The little engine that drank", but we will find something.
here we go. another funny guy. thanks Jeff, but I have enough degrees to heat your house smart guy. you will have a hard time offending me. SEE, what you don't see is that,....I am not going to go and say "I could of done this...could of done that...could of hit a person, animal, house, child...."

why would I say something that didn't happen?
  #13  
Old 12-18-2008, 05:01 PM
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Posts: 463
I just get tired of people saying the "what-if's"...I don't understand where that comes from.....I mean, the judges and officers involved in the cases I ever heard never once said "what if you....." Friends who are officers never said what if.....

I mean, if they don't sentence you based off of what-if's....why do you suggest it be something that I'd feel bad about????

I mean. I punished myself a ton when this happened and went through a month of therapy. I'm content with what DID HAPPEN. I screwed up, apologized to the judge, the officer, and the court. That's what society would expect of me and they expect me not to do it again and if I do, I go to jail and it would be deserved.

I'm not above the law. And I'm not trying to be, but if my BA serves me right, you get sentenced for what you did or intended to do. I did not intend to crash and kill someone, therefore my punishment was just.
  #14  
Old 12-18-2008, 05:19 PM
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Quote:
Originally Posted by pp1412 View Post
What is the name of your state (only U.S. law)? Pa

Here's the kicker. I turned off the engine to save gas. While the engine was off, I noticed that the headlights were still on. So I flicked them off. 5 minutes later my friend arrives and I pull out. I turn onto the street and start heading home. A block from my apartment, DUI checkpoint pulls me over for having my headlights off.

The headlights were going to kick on in a few seconds!
What kind of car do you drive that takes a minute for your headlights to turn on after the car is turned on?
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  #15  
Old 12-18-2008, 07:35 PM
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Quote:
Originally Posted by irish77 View Post

Case in point....do you catch a child stealing and forecast him to be a grand theft criminal years down the road?
Sometimes, yes. I work with juvenile offenders daily, and I see some of them that I know are career criminals in the making. (Those are the ones who refuse to learn from their offense, and who think it's ridiculous that they were charged.)
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