am i too late? I need all the advice i can get.

[undecided2776]

What is the name of your state?What is the name of your state? Newport Beach, California

General Facts:
-under 21
-first time offender
-I wish to represent myself at hearing
-.07 BAC - according to officer, i cant remember exactly i thought he said .017 but i doubt it
-.06 BAC - according to DMV
-Charged with minor in posession (b+p 25662A) - i will plead guilty no doubt, its a fine
-Charged with failure to stop (cvc 22450A) - plead guilty, fine and traffic school (it is available to everyone right? How much is the average traffic school)
-witness in car was there to hear everything. he did have a few drinks. He is my friend but in the court he is just a passenger i am giving a ride home.
- I personally believe i passed the FSTs but i dont think that matters
- license suspended

This is where things get interesting (I will try to summarize):

I was stopped for a california rolling stop. Officer saw my container in my car. Asked if i was drinking. answered yes. Got out of the car took FSTs. He just told me to wait. Searched my car. Found illegal fireworks (i know im stupid). He also found smoking paraphernaila (i know im stupid. He did not search me for drugs. He asked if i had smoked earlier i said no. He found it and asked again and i told him that i didnt smoke tonight which is the truth). Other cop dropped of breathalizer. I stated i had bad asthma hoping it would hinder the breathalizer but he said it wouldnt. Blew once. Blew twice. he got a reading and told me it was .07. Began to issue temporary license and tickets.

This is where things get hazy:

The officer said "because you were so compliant i am not going to give you the DUI, but you have to learn your lesson." he gave me a ticket for the two previous above and took my license. He did not get me for the fireworks, the DUI, or the paraphernalia. He told me to park my car and walk back the house i came from. NO ARREST. NO RIGHTS READ. NO PERSONAL SEARCHING. I went home made calls to the PD. Told the person in police reports department my situation and she gave me no info. 2 days later in the mail an addition comes. " ADD - CVC23140 drive w/ .05% BAC under 21" cops gave me the DUI in RETROSPECT. The form is signed by the officer who gave me the tickets and another officer as verification i guess.

What are my options? First and foremost I do not want the DUI this thing is plagueing me as it is... and it will continue to plague me 10 years down the road if i get it. Plus i have called the D.A. and many other hotlines for help and NO ONE wants to give me any. Half the people in the D.A's office didnt know what they were talking about. And i cant talk to Public Defenders unless i ask for them in court. NO ADVICE.

Will the officers word hold weight in the court?
Do i have power because i have a witness that heard and remembers him clearly stating that i will not get the DUI?
Can i get traffic school?
Can i get community service?
Can i get a "hardship license" or a restricted license through the judge?
Can they really add to the tickets like they did in my case?

Im sorry its so long guys but im just scared and looking for all the help i can get. I greatly appreciate your guys time reading and/or responding to this.

 

[terrysturnMI]

am I too late?

Mi,
All I can say is that in Michigan there is a no tolerance law, so if you are under 21 is doesn't matter if you blew under the legal age drinking law.
if you blew any amount it would be against the law here in Michigan.

I'm thinking it probably is the same where you live?

Terry

 

[undecided2776]

it is true. But if every cop goes out and gives his word and then goes back on it. what kind of system would we have? Oh wait we would have the same system we have right now. please help.

 

[mycarlb]

And you have to see that if someone found out that this "nice" cop let an underage person go after finding out they were intoxicated, then that "nice" cop wouldn't have a job any longer.

I know it's scary and frustrating, but just stay compliant, go before the judge and plead your case. You are young and most likely they will be easy on you... but don't try and get out of it by blaming the cop, that is gonna look very very bad on your part. Just take responsibility and let the court decide what's best... trust me ... don't justify or blame... it will make it worse

 

[CdwJava]

I was stopped for a california rolling stop.

In other words, you failed to stop for the stop sign ... a violation of CVC 22450.

Officer saw my container in my car. Asked if i was drinking. answered yes.

A violation of the Business and Professions Code (for being under 21) as well as the Vehicle Code.

Other cop dropped of breathalizer. I stated i had bad asthma hoping it would hinder the breathalizer but he said it wouldnt. Blew once. Blew twice. he got a reading and told me it was .07. Began to issue temporary license and tickets.

A violation of CVC 21352(a) (DUI) and CVC 23140 (person under 21 with BAC of .05 or better).

he gave me a ticket for the two previous above and took my license. He did not get me for the fireworks, the DUI, or the paraphernalia.

Boy did YOU get lucky!

2 days later in the mail an addition comes. " ADD - CVC23140 drive w/ .05% BAC under 21" cops gave me the DUI in RETROSPECT. The form is signed by the officer who gave me the tickets and another officer as verification i guess.

23140 is NOT a DUI. It is part of our "zero tolerance" laws. Expect a suspension of your license.

What are my options? First and foremost I do not want the DUI this thing is plagueing me as it is... and it will continue to plague me 10 years down the road if i get it.

You have the option of fighting the charge in court. however, from what you write you have been hit for B&P 25662 (minor in possession), CVC 22450 (failure to stop for a stop sign) and CVC 23140 (minor with BAC of .05+) ... what is your defense? 23140 does not require impairment - only a BAC of .05 or higher (which both .07 and even .06 are) and being under 21.

Plus i have called the D.A. and many other hotlines for help and NO ONE wants to give me any.

The DA is not going to give you legal advice. If you want advice, hire an attorney. If the MIP is charged as an infraction (which it usually is) then you will not be eligible for an attorney as no jail time will be hanging over your head.

Will the officers word hold weight in the court?

Absolutely! Are you going to allege they made the whole thing up?

Do i have power because i have a witness that heard and remembers him clearly stating that i will not get the DUI?

Not really. But, you did NOT get a DUI ... that charges is CVC 23152 - not CVC 23140.

Can i get traffic school?

No.

Can i get community service?

In addition to fines and a license suspension? Almost certainly.

Can i get a "hardship license" or a restricted license through the judge?

Possible, but doubtful. I believe that decision is up to the DMV and not the court ... but, I could be wrong.

Can they really add to the tickets like they did in my case?

Yes.

EDIT: Here is the penalty for CVC 23140:

CVC 23502(a) Notwithstanding any other provision of law, if a person
who is at least 18 years of age is convicted of a first violation of
Section 23140, in addition to any penalties, the court shall order
the person to attend a program licensed under Section 11836 of the
Health and Safety Code, subject to a fee schedule developed under
paragraph (2) of subdivision (b) of Section 11837.4 of the Health and
Safety Code.
(b) The attendance in a licensed driving-under-the-influence
program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140,
the person has not been convicted of a separate violation of Section
23140, 23152, or 23153, or of Section 23103, with a plea of guilty
under Section 23103.5, or of Section 655 of the Harbors and
Navigation Code, or of Section 191.5 of, or paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code, the person shall
complete, at a minimum, the education component of that licensed
driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1),
the person shall complete, at a minimum, the program described in
paragraph (1) of subdivision (c) of Section 11837 of the Health and
Safety Code.
(c) The person's privilege to operate a motor vehicle shall be
suspended by the department as required under Section 13352.6, and
the court shall require the person to surrender his or her driver's
license to the court in accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing
that the driving privilege will not be restored until the person has
provided the department with proof satisfactory to the department
that the person has successfully completed the
driving-under-the-influence program required under this section.

Note that the license SHALL be suspended.


- carl

 

[undecided2776]

carl you were the exact person i wanted to hear from!!! so does this mean i positively wont get the DUI?? So my life wont be ruined financial forever. A couple more questions if you would be so kind. I really do appreciate your help. Thank you a million times.

Can i get traffic school for the rolling stop? I know there are fines for the MIP and the stop, but i just want that 1 point off my record so i can keep insurance costs down.

Are you almost positive that the 23140 is the suspension only and not a DUI? Does it share any of the same qualities as the DUI? Like showing on my criminal record? stupid question im sure it does. Basically how does it differ from the actual DUI? Im just scared because my credablity is going to be tarnished which will hinder me from getting good jobs in the future.

THis will probably affect my insurance... Will i need an sr-22 i read on these forms that you might not need one if you were fully insured at the time of the ticket.

 

[TYRIS]

Can i get traffic school for the rolling stop? I know there are fines for the MIP and the stop, but i just want that 1 point off my record so i can keep insurance costs down.

-I wouldn't be worried about rolling the stop stop or getting traffic school for it...you have bigger problems. As to keeping your insurance...well...see below.

Are you almost positive that the 23140 is the suspension only and not a DUI?

-It is not a DUI. It is an administrative action only which suspends the license of an underage driver.

Does it share any of the same qualities as the DUI?

Yes. Your driver's license will be suspended and you will have to complete a "driving under the influence program".

Like showing on my criminal record? stupid question im sure it does. Basically how does it differ from the actual DUI? Im just scared because my credablity is going to be tarnished which will hinder me from getting good jobs in the future.

-23140 VC is an infraction not a misdemeanor. I doubt it will show on a criminal record but it will be on you driving record.


This will probably affect my insurance... Will i need an sr-22 i read on these forms that you might not need one if you were fully insured at the time of the ticket.[/QUOTE]

-Your thinking of this as a normal citation like "blowing a stop sign". It isn't. You were charged with 23140 CVC and 25662 B&P, both of which will suspend your driver's license.


Tyris

 

[CdwJava]

carl you were the exact person i wanted to hear from!!!

I think Tyris pretty much covered what you needed to know.

It's not the same as a DUI but it IS an alcohol-related offense and holds many of the same penalties ... minus the jail time. Be very thankful that you got charged with 23140 as opposed to 23152 (DUI).

Go forth and drink and drive no more.

- Carl

 

[undecided2776]

thank you thank you thank you. I can deal with the no license. I have had the form for the hardship license for like a month but i was waiting to see the judge first, but i guess i should just send it in anyways.

Two more questions. This is just about insurance. Am i required to get an SR-22? I heard that if you get your license suspended you will have to have one of these in addition to your increased insurance rates.

Secondly, Will these remain permanantely on my driving/criminal record? Will traffic school help for the stop or the 23140? What would you suggest to minimize insurance costs/fines.