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this sucks, dui + ... help !!

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perkinsbl

Junior Member
So i need advice!.. Two days ago a friend and i were hanging out, started drinking at like 10am, and he's a juvinile, his car.. also im a medical marijuana patient in wa, who recieves ssd for depression.. so we'd smoked a little through out the day. He offered to let me drive a couple times so i did, even though my license is suspended. We were just about done having fun and driving around when i was going 5-10mph to fast, locked up the brakes and slid into the back of another car, we pulled off to take care of it, his car looked worse, only her bumper had a dent. But the cops showed up, there was two witnesses, and my buddy said right away i was driving, i admitted to drinking earlier in the day. I refused the field breathalizer and chose the field sobriety test which other then my eyes being glassy and probably red, my focus and balence were great, didn't mess up at all, but they still knew alcohol was involved and took me to the station for a real breathilizer, which i blew.17? I got cited for no insurence($550, not the issue), DUI... and driving on suspended, plus im on bench probation, any crime is a probation violation.. court tomorrow, plee not guilty, though i know i am, just hope for no jail time..
my buddies car got impounded, guess his insurence is taking care of it, but then they come after me right..? really can't believe i let myself do this, and can only try to take care of it now.. so many issues have been created. f@@kin sucks. but any help would be amazing, even thought about pre paid legal services..
 


CdwJava

Senior Member
If they arrested you, your "focus and balance" were not "great." And with a BAC of .17 your impairment would have been obvious to the officers.

Most DUIs are vulnerable in two places: The detention (the stop), and the arrest. Given the crash, the detention is a no-brainer. The arrest would have to be supported by probable cause. So, if the officer wrote a poor report that did not properly reflect the observations of the objective symptoms of impairment, then you might stand a chance to get the breath test dismissed. But, I doubt that will be the case.

Pre-paid legal services won't be of any assistance now. You'll have to pony up for an attorney. Or, if you cannot afford an attorney the court should appoint one for you.

What state is this?
 

OHRoadwarrior

Senior Member
To bad you didn't do something to get serious jail time. Our tax dollars would stop supporting your life of leisure for a while. I advise you to straighten up, stop drinking and doing drugs. You could become a productive member of society, raise a family and flourish.
 
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perkinsbl

Junior Member
response:

well, first with the economy and jobs how they are, i looked anywhere for income to survive, live on.. and surprisingly our US federal government wanted to give me a chance, and help me. Im sorry if u hate on me, instead of every bum out there, addict who waits on the same check as me, least i don't blow my money, and am not on the street. ..and have been trying to not drive, let things drop off my record, and pay for my past. ..just, shouldn't have been willing to put myself in that position.

This is in washington st, not too far from you.. but yea there was like 3 parts to the field sobriety test, focusing on the pen, up down side to side, didn't move my head or body, then walking, 9 paces heal toe, then back, that was pretty good, didn't sway, counted fine.. then held my leg up for the full 30 seconds, still no swaying..i thought i was doing good, so did my buddy.. but yea..


also they didn't really think he'd been drinking, he admitted to it and is a minor, nothing happened to him, which is good, wonder how it's be if he said he was driving.. I should've let him drive, least it'd be on him instead of me..
also isn't aquinas mentioned in the boondock saints? :)
 
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CdwJava

Senior Member
well, first with the economy and jobs how they are, i looked anywhere for income to survive, live on.. and surprisingly our US federal government wanted to give me a chance, and help me.
And you manage some measure of self respect living off the taxes of those who DO work?

Im sorry if u hate on me, instead of every bum out there, addict who waits on the same check as me, least i don't blow my money,
Of course you do! You weren't spending the day trying to improve your situation, go to school, hunt for jobs, or something else - you spent it on booze and partying!

and have been trying to not drive,
No, you haven't. It's easy not to drive ... you don't get in the car.

This is in washington st, not too far from you.. but yea there was like 3 parts to the field sobriety test, focusing on the pen, up down side to side, didn't move my head or body, then walking, 9 paces heal toe, then back, that was pretty good, didn't sway, counted fine.. then held my leg up for the full 30 seconds, still no swaying..i thought i was doing good, so did my buddy.. but yea..
You thought you did well. Okay, tell me, what are the clues in the SFSTs? What were you and your buddy looking for in the test? What do you think the officer was looking for? I'll tell you, it was not what you think it was.

And, as a note, moving your head in the HGN test is only one "clue." What your friend could not see is the angle of onset of nystagmus (where your pupils started to 'vibrate,' so to speak). And swaying and counting are only one element in these divided attention tests. And if you had sailed through them, you would not (or should not) have been arrested. Since you were arrested, and since you blew a .17 BAC it is apparent to me that the officer made the correct evaluation as you WERE impaired.
 

perkinsbl

Junior Member
...

...never said i wasn't impaired, oviously after drinking all day i would be intoxicated to some degree. I knew my eyes looked bad, just wasn't sure what else made them still want to take me to the station after i did pretty well on 2 out of the 3 tests, i thought.
Second, guess you don't know but having my license suspended for a yr, or more is difficult to say the least.. when i had my car around i was more inclined to drive, legal or not.. in the last yr it hasn't. If i don't have the oppurtunity to drive, i don't. And even when i did i refused sometimes. Just alot of time, but knew any infraction would extend it, plus i am already waiting for things to drop off my driving record..insurense is $300 a month. so much for that.. back to waiting yrs....
Third, u want to talk about self respect, cop... know ur suppose to be here for help or advice.. but people's attidudes toward my position is kinda messed up. Do i talk crap to u? I wouldn't be eligable for ssd if i hadn't worked. second how many people have paid into it and got denied or died? ..i have applied at jobs in this area, from tumwater to lacey, now i don't have to till a doctor says i can work, do u want someone working for u, say a forklift opperator who has alot on his mind, distracted, no.. how bout with a juvinile record, no drivers license, how bout someone says something accually possible, maybe helpful too would be nice.
And last, my money is my own. like i said in a example.. all the bums on the street who get assistance.. they are mostly homeless, i use my money for my needs, debt, and yea i try to have fun, be happy when i can, who doesn't spend money on something they don't need, like u and your coffee cop. don't forget the dounut. thanks tons . and u make money off everyone, how u think cali is getting out of debt lol just like everywhere else, its money.. kinda like i probably wouldn't worry, or be as down if i had more.. ..im already thrown off by what i did, just trying to see what im looking at, and how to make it the best it can be, what i can do.. cuz thinking about everything sucks.
 

CdwJava

Senior Member
...never said i wasn't impaired, oviously after drinking all day i would be intoxicated to some degree.
Yet you chose to drive. If you were the only one endangered by your reckless disregard for public safety, then I might not care. Unfortunately, you put everyone else at risk as well.

Second, guess you don't know but having my license suspended for a yr, or more is difficult to say the least..
Then you spend your time, energy and resources on a way to get it UN-suspended. You direct your efforts to correct the problem. I know a great many people with far greater burdens who manage not to endanger the general public or themselves.

Third, u want to talk about self respect, cop... know ur suppose to be here for help or advice.. but people's attidudes toward my position is kinda messed up.
Consider the verbal spanking a bonus. Sometimes people need more than a handholding to correct their behavior. Perhaps those around you coddle you and tell you that it's not your fault ... sorry, I ain't gonna do that. Life is full of choices, and you made a messed up one.

You want to talk about attitudes, maybe mine comes from having to scrape the remains of the victims of DUI drivers off the pavement. We had to scrape two girls off the road a couple months ago because some yay-hoo decided he needed a few drinks and some pot before driving ... a third girl was maimed, but will live.

how bout someone says something accually possible, maybe helpful too would be nice.
The helpful thing was already mentioned - consult legal counsel.

On the face of it, I see no legal way out of this for you. You will likely have to face the brunt of the full penalties, and if you have some prior record it may be likely that the prosecutor will be in no mood to coddle you with a plea deal that will protect you from the end result of your intentional actions.

And last, my money is my own. like i said in a example.. all the bums on the street who get assistance.. they are mostly homeless, i use my money for my needs, debt, and yea i try to have fun, be happy when i can, who doesn't spend money on something they don't need, like u and your coffee cop.
The difference is, I EARN my money - I'm not on the public dole. People who scream poverty, yet find enough money to buy booze and cigarettes annoy the heck out of me. And, as a result of wage cuts and furlough days, my coffee is cheap - made at home or purchased on the cheap at a convenience store.

don't forget the dounut.
I don't do donuts ... I prefer croissants. But, i can't afford those, either, right now.

and u make money off everyone,
I make my money from the city that collects it from a variety of tax sources. I also work for my money. I don't get to sit on my butt, party all day, drink and drive, and have a grand and dangerous time and STILL collect a check. Nope. I work for what I earn, friend.

how u think cali is getting out of debt lol just like everywhere else, its money.
Nah, we're trying to get out of debt by cutting wages, services, and raising taxes on the productive people in this state ... that's why so many businesses and individuals are leaving this state. One reason why I'm looking beyond these borders, too.

. kinda like i probably wouldn't worry, or be as down if i had more.. ..im already thrown off by what i did, just trying to see what im looking at, and how to make it the best it can be, what i can do.. cuz thinking about everything sucks.
Here is a link to Washington state penalties for a first time DUI:

http://criminal-law.freeadvice.com/drunk_driving/washington-dui.htm
 

perkinsbl

Junior Member
well, this is the most feedback i've gotten, i need to re read and let what you've said sink in more fully.. thanks, least your smart, save money.. and hopefully u find someplace slightly better.. think i might try dui court, maybe drug or mental health, idk we'll see.. all i can do is try.. and be a good person.
 

OHRoadwarrior

Senior Member
well, this is the most feedback i've gotten, i need to re read and let what you've said sink in more fully.. thanks, least your smart, save money.. and hopefully u find someplace slightly better.. think i might try dui court, maybe drug or mental health, idk we'll see.. all i can do is try.. and be a good person.
I truly wish you good luck and success if you attempt to.
 

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