Virginia law makes 3rd DUI in 5 years a felony even if there is no accident involved. Carries stiff jail sentance of a year. I am a single mother of three, cannot afford an attourney and have been charged even after passing 4 feild sobriety tests, and could walk home from where I was stopped for turning on a yellow light.I am facing seriouis jail time for a non violent offense. Who will take care of my kids if I go to jail and is this fair? Can anyone help me? I don't believe people should endanger the lives of others on the road but this was clearly not the case in my circumstance. The children were also being cared for by a sitter when this occoured and NOT in the vehicle.
2006-07-12 04:02:45 · 31 answers · asked by Jim's redheaded girly 2 in Politics & Government ➔ Law Enforcement & Police
No blood alcohol test was given.
2006-07-12 04:26:45 · update #1
Last offense was over five years ago however the courts go by conviction date, which was almost five years ago.
2006-07-12 04:33:53 · update #2
Some of you people were real quick to pass judgment on this woman. Especially the girl who's friend was decapitated in a car accident (which is terrible and I am very sorry to hear that). I've known people involved in alcohol-related accidents as well, but this person didn't do it.
The laws are strict in a way that makes no sense to me. A person can get a DUI after two beers. Two beers! (Maybe even one, depending) What kind of light weight can't handle two beers? There is a line and some people do not know how avoid crossing it.
What about these people out here on pharmaceutical medications prescribed by their doctor? Some of their driving skills scare me more than the way my ex boyfriend drove after parties. Before long, the state of Virginia will have us all in diapers. (I live in VA.) None of these laws are really for the benefit of the people - take the seat belt law for instance. Do people really think that law is enforced because the state is so concerned for our well being. No, it isn't. If you really think about it , you'll see that it's really the insurance companies who want it this way. The decision to wear a seat belt only affects the person wearing or not wearing one, so why treat us like children?
The only issue here is that you've had so many. Although I do not agree with the laws, they are there and that's just the way it is. I wish I could give you more legal advice, but I'm not sure what to suggest after three DU Is. I will say this: Even if you're just a social drinker with bad luck and not an alcoholic, I would suggest getting involved in alcohol recovery groups in the meantime. It shows there is a problem that you're trying to work on. It may be too late for this. The state usually tries to place children with their next of kin (grandparents, aunts, uncles, etc.)
Best wishes to you and your family.
2006-07-12 07:29:42 · answer #1 · answered by dhalia_1977 4 · 8⤊ 5⤋
Dear,
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As you described; "Virginia law makes 3rd DUI in 5 years a felony even if there is no accident involved. Carries stiff jail sentance of a year. I am a single mother of three, cannot afford an attourney and have been charged even after passing 4 feild sobriety tests, and could walk home from where I was stopped for turning on a yellow light.I am facing seriouis jail time for a non violent offense. Who will take care of my kids if I go to jail and is this fair? Can anyone help me? I don't believe people should endanger the lives of others on the road but this was clearly not the case in my circumstance. The children were also being cared for by a sitter when this occoured and NOT in the vehicle." I hope it might help you.
Good Luck :)
2014-09-24 15:16:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
1
2016-06-10 19:27:58 · answer #3 · answered by Derrick 3 · 0⤊ 0⤋
The whole thing is a scam. They use phases like "over the legal limit". What legal limit?? Do you think if you get to the police station and blow well under the .08, they're gonna apologizes to you and then take you to the impound yard to get your car out for you? Absolutely not. My cousin blew a .04 and was still charged and prosecuted. There is no such thing as a "legal limit" that you can safely be under and left alone. And the states like Texas that give one year mandatory jail time, dear Lord, a whole year behind bars for a traffic violation?!?! Oh, I know it will be served in the form probation and community service, plus a whole lot of expensive classes where you'll be treated as if you have a substance abuse problem. But if you mess up in even the slightest way that probation becomes hard time. And trust me, messing up is incredibly easy. You don't even have to do anything wrong. The EtG urine alcohol test that probationers have to take regularly, to show they are remaining completely abstinent, they have been proven to give false positives. Personally, I have a problem with anybody sitting in a jail cell for traffic violations. It's a class B misdemeanor and there should not be jail time unless of course there was a victim. If a drunk driver crashes into somebody, lock him up, but if all they did was failed your field sobriety test, give them a thousand dollar fine and allow them to move on with their lives, especially if it's their 1st offense. Yes I know 32% of accidents are alcohol related, but that same studies shows that 31% is speed related, so all things being fair, why aren't speeders having their license suspended after their fist offense? Might it not save as many live bringing the hammer down as hard on speeders? It's not justice unless the law is evenly applied.
2016-09-29 16:34:16 · answer #4 · answered by Joot 1 · 0⤊ 0⤋
People are so quick to overgeneralize everyone. Yes, the DUI laws are too strict and have gotten out of control because a small percentage of drunken idiots ruin it for the other people who are responsible and just want to be social. People are MADD want to treat everyone like they killed someone and the laws keep getting worse. I've seen more lives indirectly ruined from DUI's than I have from drunk driving. It creates a domino effect on peoples lives, crime, and the economy. They end up dropping out of school, sitting in thier parents basement, developing drug problems, hating society, and even committing suicide because the law wants to ruin your life FOREVER because you drove after drinking in your college years like everyone does. It's absolute insanity that it stays on your record FOREVER. I'm not opposed to initial harsh punishments, jail time and community service but at least let people get on with thier lives.
2016-09-27 19:01:47 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If anything, they're not strict enough. Drunk drivers endanger everyone on the road. Offenders' licenses should be suspended for at least a month after the first offense and at least a year after the second. Driving with a suspended license should carry a penalty of mandatory jail time. A jail sentence on a third offense is fair. Those two priors were more than ample warning that a dangerous pattern was emerging. Even if the third one seemed less serious, it was akin to violating probation. You were warned and chose to ignore the warning. Do your time and go to rehab and don't drink and drive any more.
2006-07-12 04:41:04 · answer #6 · answered by ConcernedCitizen 7 · 0⤊ 5⤋
I too live in VA and and i think just about all of our laws are too strict. I hate to tell you this but i think they will give you a little jail time but prolly not the whole year. Unless you can get a good lawyer. I am not sure why they can still charge you if you passed 4 field test but then again i'm not a cop or lawyer. As far as who will watch your kids they unfourtaly dont care about that or anything. I don't know what will happen to them. talk to your lawyer about this too. I don't know what will happen but I wish you the best of luck.
2006-07-12 05:07:01 · answer #7 · answered by Kerri 3 · 1⤊ 0⤋
NO!!! They're not strict enough. You want to complain that you have children, well, you shouldn't have been drinking in the first place. You're preaching to the wrong people. I had a friend who was involved in an accident last year. The driver was drunk and my friend was decapitated when thrown from the car. Do you think I want some moron out on the road when I have my children in the car? How hard is it to find a designated driver? I live in a small town and NONE of my friends drink and drive. I know this because I'm the one picking them up half the time.
My dad drinks and drives and I get on to him about it. I can't stand when people do that. Sorry, but that's the way I have always felt.
dhalia_1977, I'm one of the lightweights that can't even handle 2 wine coolers..lol There's a lot of us out there.
2006-07-12 04:14:01 · answer #8 · answered by Anonymous · 0⤊ 5⤋
Not that they're too strict but I believe they are unfair in a way.
It's perfectly legal to go to a bar, have some drinks and drive home. It's only illegal if you blow past a certain limit. How r u supposed to know if you'll blow past that. I don't know anybody who carries a breathalyzer in their pocket so they can take the test before they get in the car. It's left up to your best judgement on how you feel. They either need to change the law to make it illegal to have any drinks and drive, or make it possible for people to obtain a breathalyzer so they can test themselves before driving. Put them in bars and clubs or something..
Even if you can't afford an attorney, give one a call anyways. Most will give you free advice. Call one and discuss your situation. In your case it might be best to search for an affordable one and hire them anyways. You may have to get a loan for it but it beats going to jai. Good luck with whatever happens..
2006-07-12 04:10:50 · answer #9 · answered by Anonymous · 2⤊ 0⤋
I think yes.. I think it should be a case by case scenerio.. Not so black and white.. The MADD mothers would probably disagree, but if you've had more than one DUI, didn't you learn from then on? not todrink and drive..Use the empathetic point of view.. What if were on the other foot..
2006-07-12 04:09:56 · answer #10 · answered by tracienmark 2 · 1⤊ 0⤋