OK, I have a good friend who got pulled over after a Christmas party and got a DUI. This is his first offense, and yes,he knows he did something wrong and feels more terrible than any of you could make him feel. So now he is facing being without his license for 6 months...He drives a long way to work and has children as well.
Has anyone been in this situation before that can give good advice about how to proceed? No stupid answers please-I will only ignore them.
2006-12-08 03:44:31 · 12 answers · asked by Kiss My Shaz 7 in Politics & Government ➔ Law & Ethics
Thanks for all of you that help, and resist the urge to be self-righteous and judgmental. And yes, I can ignore stupid answers because it's obvious in the first couple of words, that the rest of it's not worth reading OR remembering. Just a negative click and I move on....
2006-12-08 04:07:08 · update #1
You didn't indicate what state he is in. The laws on DUI vary greatly from state to state, and the procedure also varies greatly. I can give you some very, very general information.
In many if not not most states, there is a two pronged approach to DUI. The first is the criminal procedure. This is like any other criminal proceeding, in which your friend has a right to an attorney, (possibly free if he can't afford one), and the State (or city, etc) must prove his guilt beyond a reasonable doubt. For a first offense, the penalties vary greatly, and can range from probation to a few days in jail. In many localities, its also possible to enter into diversion. This is a process which spares him many of the penalties, and helps him remain a productive member of society.
The second prong of this is often what's called an "administrative" license suspension. This is because the state maintains the fiction that a driver's license is a privilege, not a right, and therefore, they can suspend your driver's license with less grounds than a conviction. In other words, they want to suspend the license even if he is not convicted of DUI. Is it fair? Probably not, but its the law in many states.
He needs to contact an attorney in your area who is experienced in DUI defense. He has a number of rights and time is important. For instance, in some cases the Administrative License suspension can be reduced or eliminated, but ONLY if it is appealed in a timely manner. The attorney will know this information.
For a referral to an attorney, he should contact his local or state bar association.
2006-12-08 04:58:43 · answer #1 · answered by Phil R 5 · 2⤊ 0⤋
Get a well Attorney aware of DUI courtroom circumstances. Check the web page underneath for a few motives why you will have to get an Attorney. The auto is long past, theres not anything you'll be able to do approximately that, however you will have to attempt to restrict the volume of collateral harm performed to the relaxation of your peers existence.
2016-09-03 10:17:50 · answer #2 · answered by polka 4 · 0⤊ 0⤋
OK Well first off he's lucky. I lost mine for a year. Now for work he is either going to need to carpool, take public transit, or risk being caught without an license which will get him arrested for a misdemeanor, have his car towed, and fine him over $1000. However after a certain amount of time (I think 30-45?) he can apply for a hardship(provisional) drivers permit. Play it safe.
2006-12-08 03:49:56 · answer #3 · answered by Spectre 3 · 0⤊ 0⤋
I to made the same mistake right before thanksgiving... I went to a lawyer and I told him what happen I work and go to school he can get a temp that allows him to drive to work until his court date. I know because this is also my first offense. He will more then likely get it back after court...Because that's what happen when I went court.Probation and some community service and of course fines.. Hope this helps and good luck
2006-12-08 03:56:58 · answer #4 · answered by greeneyesntx 3 · 1⤊ 0⤋
I am not sure if they will even give this in a dui case but, there is a special license that allows the person to drive ONLY to & from work everyday. Your friend might want to check into that.... I am not even sure if all states have such a thing.
2006-12-08 03:54:09 · answer #5 · answered by kittycat lover 3 · 0⤊ 0⤋
Ignore the answer all you want. Doesn't matter to me. I have absolutely zero sympathy for your friend. It doesn't matter if it was his first offense. Does not matter. He should have his license gone for 6 months. He might want to look into taking the bus. It is unfortunate that he has children. I'm not sure if he has to take them to school or daycare or something like that. But, he should have thought about that before he got into a car and put himself and others in danger.
2006-12-08 03:54:09 · answer #6 · answered by jnowak5 2 · 0⤊ 2⤋
Depending on the state you live in, he might be able to get a deferrment, but that depends on a lot of things too. His best bet is to hire a lawyer.
But as far as him knowing he did something wrong, he is damned lucky that he didn't kill someone. There is no excuse for driving drunk.
2006-12-08 03:55:21 · answer #7 · answered by Bobbie 3 · 1⤊ 0⤋
Is he allowed to get a restricted license. And he might want to voluntary take a driving class. They are an 8hr course you take they show videos the whole time and it will cost him roughly $80. This will atleast put 5 pts back on his record.
2006-12-08 03:55:08 · answer #8 · answered by Tab 4 · 1⤊ 1⤋
He can get a work permit to drive back and forth to work. He neeeds to address that with the courts.
2006-12-08 03:49:23 · answer #9 · answered by smeezleme 5 · 0⤊ 0⤋
Technically, you can't ignore the stupid answers. You would have to read them to find out if they are stupid.
2006-12-08 03:49:17 · answer #10 · answered by Gen 3 · 2⤊ 1⤋