Accident adds to situation???

[irish77]

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

I know this may sound like a stupid question, but all things being equal (BAC, past record, driving record, etc); does an accident involving total destruction to the driver's vehicle, but no harm/no property damage add to the mitigating circumstances when it's time for court?

I imagine the judge will read the officers' description and being pulled over will sound better than "we found Mr. Smith in his manged car bloody next to a tree stump"....

Just curious. Thanks.

 

[RatPackLar]

DUI With Accident - Yes It Adds

You did do property damage, you did cause harm, you wrecked your car and you were DUI. You wrecked a car, beyond repair, and could have seriously injured yourself, another person, and or killed somebody. That seems like property damage and harm to me, and to anybody else on the outside looking in.

If you were that drunk, and you wrecked your car, you could have really killed or hurt somebody else, and they do take that into consideration and can charge accordingly.

Think of it this way, you get DUI, you get hit one way, you get DUI, and you killed somebody, they are gonna hit your harder. Same rules apply to accidents with DUI.

Now what the can do, and what they will do, only your lawyer who knows the DUI laws of your state, and how the court system, you are in, works, can really give you any real adivce and even he or she, cannot predict what they will actually do. Only time will tell. If you have no priors, that helps, if you get into a program on your own, that may help you, when they drop the hammer.

Food for thought, and the kitchen is always open.

 

[irish77]

Hey RatPack

I was speaking on someone else's behalf. He totaled his truck, but man, I've been hearing some amazing things about accidents if you don't hit someone else and hit like a wall or median. It was very surprising to hear some of their outcomes. Anyhow, this guy totaled his truck, but had the same BAC as me.

I got pulled over when the cop said he thought I was weaving, but never gave me the ticket for weaving. Did give me one for seat belt. Anyhow, FlyingRon basically gave me what his best guess was and my lawyer said the same thing. My case is strange because I had ARD for a DUI in PA in 2000 and this DWI is 8 years later, but in NJ. It's the only thing that will keep me out of doing 90 days in a PA jail.

It was must my thought that any accident can only hurt the case.

https://forum.freeadvice.com/showthread.php?t=412796

 

[RatPackLar]

I knew that - just food for thought

ARD that is 8 years old, on a DUI, seems like an awful long time to still be on the hook for a straight DUI, now unless there was again, an accident, injury, etc, and etc. Is there more to your story, then you have let on?

I mean I know they all have a look back period on DUI, but from what I have seen, that only applies, to hard they hit you on the second one.

If they still got you on the hook for the 1st, 8 years later, we need to know all of it.

If you got some priors, and etc, you gotta tell it all, to get any useful advice, and again, only adivice.

Priors do and can enhance sentencing on future crime convictions, think three strikes here.

Are you still on the hook in PA, like probation. etc, to where if you screw up, then can still hang you up in PA?

Tell us, what was the deal with your first DUI, and spare nothing, the first can and will effect the second, and if you want any advice, that might help you, spill all of it.

I know you are worried, you and I have swapped chat on this for a while, and I understand your fear.

Think like you would with your Doctor, if you do not tell him or her, all of your symptoms, he cannot offer you the best cure, now can he?

I am detecting more to your story then was orginally posted?

 

[irish77]

Oh man, you don't know how happy I am reading what you just wrote....

No, there is no more to my story. Goes like this.

2000 Charged with DUI for hitting a parked car. Did the ARD dance. Classes. 90 days suspension and Probation. Got done halfway through 2001. That charge was not a conviction and was waived/dismissed on the actual citation processing sheet.

2008 Charged with DWI in NJ. Pulled over. Officer stated I was weaving. Gave me two citations. One for DWI and one for not wearing a seat belt. BAC was .16. No accident. No one hurt. I was as compliant and forthcoming as I could of been under the circumstances.

No priors. No criminal history. Nothing. And it is so ironic cause someone said the same thing you just said to me.

After 2004 PA changed their lookback from 7 to 10 years. And for all intensive purposes, ARD is apparently equal to a conviction in PA and on some scoring system. And to me, this is BS because I took the ARD agreement, signed my name, that on that agreement, the look back period would be 7 years. Recently, this just went to court and the guy lost because apparently the new laws can be applied to your prior record, but what confuses me is that the new laws change the term of an agreement I signed with the county/state. Ugh.

 

[irish77]

ARD that is 8 years old, on a DUI, seems like an awful long time to still be on the hook for a straight DUI, now unless there was again, an accident, injury, etc, and etc. Is there more to your story, then you have let on?

I mean I know they all have a look back period on DUI, but from what I have seen, that only applies, to hard they hit you on the second one.

If they still got you on the hook for the 1st, 8 years later, we need to know all of it.

when you say hook....there is nothing regarding my first case that is on me from 8 years ago. it has to do with the look back as to what can happen to me regarding this one.

 

[RatPackLar]

If You Did The ARD Dance

ARD is a program, designed to divert first time offenders from entering the criminal justice system. When a first time offender is accepted into the ARD program, the Commonwealth requires that certain court-ordered conditions are followed. The ARD program requires a period of supervision.

That means, if you do it all, you will not have a criminal record, in PA or anywhere.

You did not get hit again in PA, you got hit in NJ, that state, and those laws are obviously gonna be different, and only your lawyer really can tell you for sure.

You did not get hit in PA again, so PA, laws do not apply here, unless you are still on the hook in PA, PA, - they cannot do anything to you.

NJ will treat you as a first offender, and kick you like a first DUI in NJ, now NJ could slap you harder on the 2nd, but that will depend on NJ, thier look back period, and how they look at outstate DUI's

PA cannot touch you, if you have done all they asked you to do, to complete the terms and conditions of your sentence.

Now if you are still on a PA DL, they can hook you up on that, the DMV might just to that.

PA courts, cannot touch you if you completed the ARD program.

Again, just food for thought, but after 8 years, on a straight DUI, PA, cannot lay a hand on you in criminal courts, or toss you in jail.

You completed the ARD program in PA, so they cannot lay a finger on you.

You need to worry about NJ, and what they might do.

Only your lawyer can really advise you on this.

But I thought you should know, as I know you are sweating this one big time.

Hang in there!

Your dance with PA is done, you now gotta dance with NJ.

 

[irish77]

I see some light.....

Now if you are still on a PA DL, they can hook you up on that, the DMV might just to that.

One question, I am a PA driver. Not an NJ driver. Was your response based off of that assumption? As always, THANK YOU. I want to go outside and just look up right now and exhale.

 

[RatPackLar]

PA vs NJ

PA cannot hit you on the criminal side, for what happened in NJ, IF, and only IF, you did in fact complete all of the ARD requirements, 8 years ago.

However, PENN DOT DMV, can slap you up, if you are still running on a PA DL.

NJ is gonna hit you on the criminal side, and yank your DL rights to drive in that state.

Typically, the other state, cannot yank or sanction a DL, they never issued, as they never had control over it in the first place. Now that state, can say, hey, you cannot drive in our state on your PA DL.

They can, might, and will, however, report your conviction to PA PENN DOT, and they, PENN DOT, will slap you up on the DL side, as an administrative function.

Ask your lawyer, only he can really give you good adivice on this one, but PA cannot put you in jail for 90 days, if you completed all of the requirements of the PA ARD program on the criminal side.

The PENN DOT DMV, well they, can do what ever they want, but they cannot toss you in jail for 90 days.

They can yank your DL, but that is about it.

What you need to think about now, is, what will NJ do to you, on the criminal side.

What people miss on this, is that when you get hit DUI, you got two separate actions here.

The courts, who toss you in jail, etc, and the DMV, on the ADMINISTRATIVE SIDE, REGARDING YOUR DL.

Food for thought, and the kitchen is always open.

Ask your lawyer.

 

[irish77]

No, you're exactly right. As is the case with all jail time, him sending me to jail for any amount of time would be surprising to me given my circumstance. PennDOT can call this a 2nd DUI offense if they are counding the 2000 dismissed offense; which they most likely would do. I mean, that's where I am confused...

Agreed to the terms of ARD and a 7 year look back, but now I get a DWI in NJ and PA can look back 10 years due to new rules.

 

[RatPackLar]

The DMV Of Any State

Usually does not function like a court of law, they operate on the ADMINISTRATIVE SIDE, which really means is, they can do what ever they want.

Again only a lawyer who knows can really help you.They cannot apply new rules, to old cases.

Just FYI.

In my state, with my brother, and his dance.

MI started the driver responsibility fee, which means, if you get DUI, and it all gets done, then they can still hit you for $1000.00 a year on top if it.

But, only if you got hit for DUI after that law was enacted.

My idiot brother got lucky on that one, as he got hit, before they put that little gem into place.

So he never had to pay that.

Again, just food for thought, and the kitchen is always open.

 

[irish77]

interesting...

very interesting point. man, I mean, any break would be a great thing at this point. on the positive side...I wasn't in an accident and didn't have all the crap that goes along with that. thanks again.

 

[RatPackLar]

You are hitting yourself up way too hard here.

You are not gonna get hit, as hard as you think you are.

Just hang in there, and ride this out.

It will not be as bad, as you think it might be.

R

 

[irish77]

You are not gonna get hit, as hard as you think you are.

Just hang in there, and ride this out.

It will not be as bad, as you think it might be.

R

Thanks. I really appreciate that. I am so hard on myself. I make better decisions. I just didn't on that morning. I am starting to lift my head up and I appreciate your help.

I know there are better days ahead.

 

[fatamerican]

PennDOT can call this a 2nd DUI offense if they are counding the 2000 dismissed offense; which they most likely would do. I mean, that's where I am confused...

Agreed to the terms of ARD and a 7 year look back, but now I get a DWI in NJ and PA can look back 10 years due to new rules.

ARD offered you a 7 yr look back, you accepted it. The fact that PennDOT now violates those terms and applies a ten year look back has been contested. Last I read this issue was going to the PA Supreme Court. Seems to me PennDOT should treat your 2008 DUI as a first offense.