and ran her car off the road into a ditch. Her friend got mad or scared and demanded she let her (the friend) drive. As her friend was backing up, the police pulled up. Her friend got a DUI (she's 21). My niece insists she kept telling the police that she was the one that drove the car into the ditch but they didn't believe her. They didn't do anything to her- not even cite her for underage drinking. Now her friend is livid because she has a DUI and my niece got off with nothing. My niece is really upset that her friend is getting in trouble for what she really did. She spoke to a friend whose lawyer told her there was nothing she could do and to be grateful she didn't get cited for underage drinking and DUI and reckless operation. Her friend wants her to do something to get them to take the DUI off. Is there anything she can do? Is there anything her friend can do to get the charge changed to my niece?
2007-06-23 14:54:54 · 22 answers · asked by wolfmusic 4 in Politics & Government ➔ Law Enforcement & Police
I agree with everyone and part of me wishes she had gotten caught. I had missed that part of providing an underage person with alcohol! I hope they have both learned from this, but somehow, I doubt it. To the person who said she should have called me, you are correct. I listed about 10 people she could have called.
2007-06-23 15:17:51 · update #1
The Friend was drunk. The Friend was driving. The cops caught her and she got charged for DUI. There is no way she can say it did not happen. The Friend is going to have the DUI on her record. Nothing your neice can do is going to change that.
However, The Friend may have to pay a fine. The Friend may see her insurance rates go up. If your niece has some guilt over the whole incident, she can offer to pay the fine and insurance increases. She CAN do something to help with the financial aspects of what happened. And by doing so, her Friend may continue to be her friend.
But if your niece acts like none of it was her fault and makes no effort to help her Friend, she probably will lose the Friend and will feel guilty for the rest of her life.
2007-06-23 16:43:21 · answer #1 · answered by forgivebutdonotforget911 6 · 2⤊ 1⤋
Based on your information, the only thing I see that could be done is to add a DUI and underage drinking to your niece. When the police pulled up, your niece's friend was attempting to operate the vehicle was drunk. Therefore, whether she likes it or not, she was rightfully charged with DUI. If she saw your niece attempt to get the officer to change it in the field, then your friend should recognize that your niece was trying to do what she could under the circumstances to help her out. I've had "friends" before that bailed on me or placed the blame on me for something similar.
The friend partially places blame on your niece because of the accident. True, without the accident, they probably wouldn't have been caught right then, but the friend needs to remind herself that she was the one that thought she could drive after the wreck and took that responsibility when she demanded that she drive. She should be mad at herself for allowing your niece to drive drunk, especially underage (she could have been charged with a violation if she provided the alcohol to your niece), and that she then took the wheel.
Unfortunately, this may damage the relationship between them for a long time. But, the bright side is that at least neither one got seriously hurt, or hurt anyone else. Perhaps they both can learn a lesson from this.
2007-06-23 15:07:01 · answer #2 · answered by bkc99xx 6 · 3⤊ 1⤋
she should be charged with DUI she was attempting to drive while intoxicated even thought she didn't wreck the car she was behind the wheel with keys in the ignition therefore she DUI I would like to thank the police for taking people who drink an drive off the roads she is getting what she has coming as for your niece she should also be charged
2007-06-23 15:01:02 · answer #3 · answered by Anonymous · 1⤊ 1⤋
As I see it, her friend WAS driving as she was backing up and she WAS under influence. While she didn't get the car in the ditch, that's really not the point. She was drunk, she drove, and she fully intended to drive on the public road all the way to home. She IS guilty of the crime as charged.
Consider lucky your niece didn't get charged. It is really not the point that she got off free. It didn't make her friend's crime more or less severe.
They can both get charged as severely if she insist on it.
2007-06-23 15:06:58 · answer #4 · answered by tkquestion 7 · 0⤊ 1⤋
The police can only testify to what they see. They didn't see her driving, so they can't charge her. They did see the other one backing up drunk, and that is a completely legal DUI. The only thing she can do is get a DUI on her record by swearing to it. Honestly, her friend deserves it, and I would treat it as a valuable experience.
2007-06-23 14:57:29 · answer #5 · answered by Steve C 7 · 0⤊ 1⤋
well actually, your neice's friends still would have a DUI because she was operating the vehicle under the influence of alcohol as she was backing up the car.....although she did not do the damage and your neice should have been cited for underage consumption of alcohol, her friend still performed an illegal action.
I'm sorry if this is not what you wanted to hear, but that is how i see it...Good Luck in her friendship, and her friend in court!<3
2007-06-23 15:00:13 · answer #6 · answered by princess 3 · 1⤊ 1⤋
I know this isn't what you want to hear, but if your niece gets convicted of driving drunk, she's going to be treated a lot more harshly, since she's underage. Lots of people get DUI's, so it's not the end of the world.
2007-06-23 15:03:24 · answer #7 · answered by Anonymous · 0⤊ 2⤋
There is probably no way to clear the friend. They both unfortunately put themselves in a bad spot when this incident occurred. The only word that is going to matter is the cops since that is what he or she witnesses. Because of the large amounts of dishonest people in this type of situation the judge will probably go off the cops observation.
2007-06-23 16:30:57 · answer #8 · answered by mikey 3 · 1⤊ 1⤋
I don't think there is anything she can do except pay for all the fines her friend is about to get. When will people figure out that drinking and driving is against the law and has consequences. Both of them had been drinking so in truth they are both just as guilty. Her friend is lucky that's all she got, if they wanted to be pricks they coulda got her for delivering to a minor. : (
2007-06-23 15:02:51 · answer #9 · answered by Anonymous · 3⤊ 1⤋
She was behind the wheel so it is a DUI even if she was just backing the car up.
2007-06-23 15:25:05 · answer #10 · answered by Anonymous · 0⤊ 1⤋