this past weekend my boyfriend drove car because i was drunk. my boyfriend doesnt have a license or its classified as driving on a suspeded licencse, anyways we were pulled over and he got a ticket, the problem is he has to go to court, but he is on probation and gets off probation december 7. will the judge fine him and lenthen the sentence of his probation or will they lock him up. i thought that if i go with him and pronounce i was drunk maybe that would help my boyfriend out....if he went to jail i would feel responsible because he drove because i was profoundly drunk ande the police clearly saw that.......
2006-07-19 11:09:09 · 21 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It seems like you have gotten yourselves in a rather sticky situation. However, instead of giving you a lecture on how you should've called a cab and never gotten drunk in the first place, I am going to deal with the question at hand. First off, you should most definitely make it your point to be there with him when he goes before the judge. Although he did break the law by driving, the judge may go easier on him if you tell your story. I am not sure what state you are in and laws vary from state to state, but you can count on him having to pay a fine, an increase in his sentencing and he will probably have to do community service. If he wasn't intoxicated at the time of his citation, I doubt if he will have to do any actual prison time. To be on the safe side you may want to consult an attorney or go to your area library and read up on DMV laws as they pertain to your state. The thing you should always remember is that when drinking you should always drink responsibly, because as you can clearly see unfortunate consequences can arise. Good luck and God bless. I will be praying for you.
2006-07-19 11:49:46 · answer #1 · answered by cave man 6 · 1⤊ 0⤋
Did you 'both' learn a lesson in all of this? You were lucky. The cop could have charged you with public intoxication and letting an unauthorized person drive a car--that is, a person without a license. What did he lose his license for, & why is he on probation may determine how hard the judge will be on him. Seek a lawyer. A good one who likes a good fight. Expect to pay a couple thousand for the service. Did you know there is such a thing as a deferred sentence? Once in a lifetime. It would definitely be well worth the initial fee to seek a lawyer's advice. Especially since he is already on probation. And yes, I'm sure you both learned a valuable lesson about responsibility, etc. Best advice anyone could be giving you is to seek a lawyer's advice. I hope you will. Good luck!
2006-07-19 12:51:33 · answer #2 · answered by Nancy L 4 · 0⤊ 0⤋
It depends on what he is on probation for and his previous criminal record. Here in Florida judges are taking a harsh stance on violation of probation in light of the 5 people that were killed by the idiot that should have been in prison (that violated his probation numerous times as well.)
That being said, in many states allowing an unlicensed driver to operate your vehicle is a criminal offense itself. And most judges that I knew wouldn't be sympathetic to the "I was drunk so he drove" story. I've seen that defense used in the past.
2006-07-20 05:40:15 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Despite the fact that you were drunk, your boyfriend was still not allowed to drive. Going to court with him probably isn't going to help his case at all, and depending upon the judge, may hurt him. You may want to go and sit in the back in case the judge wants to talk to you, but I doubt it will help.
An analogy similar to your situation would be if you were drunk and had allowed your 10 year old to drive you home. Ten year olds aren't allowed to drive no matter what the situation.
Both of you showed poor judgement, and it's no good to whine about it now. Stand up, accept responsibilty, take the punishment and learn from your mistakes.
2006-07-19 11:21:47 · answer #4 · answered by Chris H 4 · 0⤊ 0⤋
I first want you to know that I sympathize with you.
But that was not too smart for your boyfreind to do knowing that he is on probation. If I was the judge I would see your problem have mercy and forgive him. the problem here is I am not the judge.
It would not surprise me if he did not get extra time for this. I will say a prayer that the system goes easy with you both.
You should stop drinking and your boy freind should take this as a wake up call.
2006-07-19 12:48:10 · answer #5 · answered by theodore r 3 · 0⤊ 0⤋
It really depends on the condition of his probation and if he has had any violations to date. If he is on probation for traffic offenses, then he may get his probation revoked. The best thing for him to do is to go to his PO and own up to what happened. PO's don't like to be surprised in court. He should do his best to get his driver's license back, that will look good for him in court when he appears. He would have to have some serious criminal history for him to go to jail on this one incident.
2006-07-19 12:44:19 · answer #6 · answered by aitutaki98 3 · 0⤊ 0⤋
guess what, you are responsible, and so is he.
but he is the one who broke the law. keep that in mind next time you go out drinking, because the reason you can't drive is because you are incapacitated. that means the judge will probably consider him responsible for deciding to drive despite his suspended license, because you're still the one too wasted to make good decisions.
you guys are learning a hard lesson here, but just thank your lucky stars you didn't drive drunk and kill someone. a car is a tool, not a toy. i consider it the same as owning a gun, it implies a degree of responsibility.
2006-07-19 11:24:03 · answer #7 · answered by uncle osbert 4 · 0⤊ 0⤋
Your problem is not what the judge is going to do to him. The problem is both of you need to learn the word 'responsible'. If you can't figure out that both of you have problems, you shouldn't be driving, never mind trying to convince a judge it was a mistake and your fault etc - in other words, grow up and face the consequences. You haven't figured out how to party without ******* up your life? What, are you about 16?
2006-07-19 11:16:34 · answer #8 · answered by commonsense 5 · 0⤊ 0⤋
Next time try calling a cab...And trust me judge wont care if you were drunk, bottom line is he had a suspended license and you should of made prior arrangements for transportation, or as I said called a cab!!!!And as for his punishment just hope the judge is in a good mood!
2006-07-19 11:16:44 · answer #9 · answered by The Prez. 4 · 0⤊ 0⤋
My understanding of probation is that he is typically not allowed to be around alcohol in the first place. If this is one of his terms of probation, you may want to reconsider going into court to tell them he was around it. Secondly, yea, he's probably going to be in trouble regardless. Sorry:(
2006-07-19 11:15:08 · answer #10 · answered by tanchrcass 1 · 0⤊ 0⤋