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Underaged DUI - What should I do?

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maikole

Junior Member
OC, California

It has been 2 days since my license has been suspended. I am seventeen years old and I was drinking at a party. My friend (a girl) and I were at my car to get some gum when a fight broke out infront of the house. Neighbors wanted to break up the fight and when they got involved, someone stabbed the neighbor and smashed his head. This prompted a call to the police.

When I heard that someone got stabbed, the first reaction I had was to drive off (def. not a good idea) with my friend. I backed up from my parking spot on the side of the road and as I was leaving the cul-de-sac, I almost collided with a police car who drove onto the opposite side of the road (most likely to TRY to stop me forcibly). This, however, almost caused me to hit the police vehicle which I stopped just in time to avoid crashing into it. A police officer then came out of the car and banged on my hood with either a flashlight or a gun (someone unclear of all the details) and it caused a significant dent on the side of my hood (unrepairable).

They had me and my friend put our hands on our heads and sit. After sitting for over ten minutes, I could not resist and threw up in the car. When this became apparent to the police, they pulled me out of the car and had me lie on the ground before having me sit on the sidewalk. One officer questioned me about whether I saw the fight and I told them I didn't see much. They tested me twice with a breath test and I believe I registered around .14. While I was sitting on the sidewalk, I threw up about two more times.

After several hours, while the rest of the police (about 9+ cars showed up) investigated and questioned the people at the party), they allowed my mom to come with a friend to pick me up and drive me off. Luckily, they did not impound my vehicle. I left with everything except my license; now replaced with a temporary license.


What I want to know is, what steps should I take now to reduce the effects of this event? Should I request a hearing? If so, what things can be argued about?

Right now, it doesn't seem like there is anything on my side. I don't believe I will have access to a lawyer. What steps can I take to ensure a lesser punishment? Should I use the fact that there was a fight to justify my moving the car away from the scene? Can I reduce the penalty by saying that I was merely trying to avoid the trouble? What things will help me right now?

Any advice? What should I expect?

What can I say at the DMV hearing?

Thanks for all replies. Though I'm not seeking moral lessons here. I know the severity of the crime, but I am seeking a way to come out of this in one piece. Thanks.
 
Last edited:


Happy Trails

Senior Member
OC, California

It has been 2 days since my license has been suspended. I am seventeen years old and I was drinking at a party. My friend (a girl) and I were at my car to get some gum when a fight broke out infront of the house. Neighbors wanted to break up the fight and when they got involved, someone stabbed the neighbor and smashed his head. This prompted a call to the police.

When I heard that someone got stabbed, the first reaction I had was to drive off (def. not a good idea) with my friend. I backed up from my parking spot on the side of the road and as I was leaving the cul-de-sac, I almost collided with a police car who drove onto the opposite side of the road (most likely to TRY to stop me forcibly). This, however, almost caused me to hit the police vehicle which I stopped just in time to avoid crashing into it. A police officer then came out of the car and banged on my hood with either a flashlight or a gun (someone unclear of all the details) and it caused a significant dent on the side of my hood (unrepairable).

They had me and my friend put our hands on our heads and sit. After sitting for over ten minutes, I could not resist and threw up in the car. When this became apparent to the police, they pulled me out of the car and had me lie on the ground before having me sit on the sidewalk. One officer questioned me about whether I saw the fight and I told them I didn't see much. They tested me twice with a breath test and I believe I registered around .14. While I was sitting on the sidewalk, I threw up about two more times.

After several hours, while the rest of the police (about 9+ cars showed up) investigated and questioned the people at the party), they allowed my mom to come with a friend to pick me up and drive me off. Luckily, they did not impound my vehicle. I left with everything except my license; now replaced with a temporary license.


What I want to know is, what steps should I take now to reduce the effects of this event? Should I request a hearing? If so, what things can be argued about?

Right now, it doesn't seem like there is anything on my side. I don't believe I will have access to a lawyer. What steps can I take to ensure a lesser punishment? Should I use the fact that there was a fight to justify my moving the car away from the scene? Can I reduce the penalty by saying that I was merely trying to avoid the trouble? What things will help me right now?

Any advice? What should I expect?

Thanks for all replies.
You really need an attorney.

The things you mention are not good reasons to get into a vehicle and drive it while intoxicated.

The vomiting could have given a higher BAC reading then you may have actually tested at. However, it wouldn't get you off being guilty of underage DUI.

You can read at this site (information on underage DUI):

http://www.southern-california-dui-defense.com/underage_dui.html

You will have to copy and paste without the "urls".

Site is only for information on the laws, I'm not endorsing any of the attorneys at that site. (I do not know them.)
 

CdwJava

Senior Member
What were you charged with? CVC 23152(a) and/or CVC 23152(b)? Or were you charged with underage alcohol consumption pursuant to CVC 23140?

In any event, it won't hurt to ask for the DMV hearing (must be requested within 10 days), but all they have to show to uphold the suspension is that the stop was valid and there is good cause to show that you were over .08 (for DUI) or .01 (for underage).

If you want to have any chance at all in this, you need an attorney. If your parents aren't willing to fork out for you, then you might be out of luck.

I do hope you have learned a great deal from this incident and that your drinking and partying days are over.

- Carl
 

maikole

Junior Member
Thank you guys for your replies. Right now I haven't received any contact from the police so i don't know when or if I am being charged for any crime.

Even if I had no excuse to be drinking, could I gain ANY sympathy or a lesser punishment if I show that the reason I moved my car was to leave the scene (where someone was stabbed) and when i heard the sirens I wanted to move out of the way. Although that does nto justify anything (drinking/driving), will that help me out one big?

As for now,what can a lawyer do in this situation? Is there ANY hope whatsoever that a lawyer will even take this case, let alone win it.
 

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