dui

[hurt hand]

my husband and i went out(something we never do) and we both had to much to drink. i know i did cause i passed out as soon as i got into the truck. he drove home. once we were in our driveway there were cops. the said he was speeding past them. well from where they said they clocked him at and to where our drive way is is4/10 of a mile. my husband didn't even know they were behind him and he just normally got out of the truck and the truck was turned off by the time the cops were in the driveway. i was the only person still left passed out in the truck. they said they got him for speeding, dui, failure to maintane control. can they give you a dui when you are already in your driveway and out of the vehcile and it is turned off? also this is his 2 offense. he got his first dui 10 years ago. when they wrote the ticket the put it as a 2 offense, but when we went to motor vehicles they only showed this one as a suspended drivers lic.(due he hasn't been convited yet of this new dui) but can they do all this legally?

 

[ckasinecz]

They sure can

I was arrested in Illinois for DUI on Christmas night. I had been home for over one hour(drinking eggnog w/brandy) and blew only a .10. The police can say or do anything they want because they need only probable cause to arrest you and it is basically the drivers word against the police. Now-a-days the police have certain quotas to fill. To me that is a terrible tragedy..they should be working on plans to get drunk drivers of the road not hoping that they will catch more. In my case even though, I am innocent of driving with a BAC of .08 or higher, the laws are stacked against me. I will plead "not-guilty" and get a jury trial. Probally I will win a jury trial but by that point this whole legal mess will have cost me well in excess of $5,000.00 lawyers fee and all. When it comes right down to it the police aren't really interested in safer roads ...it is all about money, money money. Good luck to you.

 

[bini]

you did not mention what state you were in. In Kansas they go back 5 yrs, but they can go back farther when they decide the sentence. (5 yrs on offense and however long the court wants to when they decide the sentence.) and also did your husand take an evaluation, cause in Kansas they have to have probable cause to arrest you (like an accident or the loop hole of someone taking an evaluation and failing (which from what I can tell usually happens or the police would feel really "dumb" for stopping you in the first place) (most people call this cooperation but the court will always use it against you if you fail the evaluation)
It sounds to me like you need to get an attorney.
Please if there is a next time (hopefully not) mention your state. Laws vary

Good Luck!
Bini!

You might want to look up the statute in this forum for your state, the number should be on your husbands ticket. (that way you will know what your up against)

Good luck to you and yours again!


[Edited by bini on 01-23-2001 at 09:51 PM]

 

[hurt hand]

drunk driving

it was in the state of louisiana and he took the breath test and blew a.18 and he said the abc's did good onthat but the walk a straight line he failed but he would have failed that being sober due to surgeries on his legs.