Should I fight the ticket? The legal blood alcohol (BAC) limit in my state is .08 and I was below that. I passed all the field sobriety tests, and actually the PAS (field breathalyser) said I was sober, but the officer took me in to the station anyway. I think that is illegal as there was no probable cause. Do you think I should fight the ticket, and possibly sue for false arrest (mental anguish, loss of consortium), as well as failure to medically adress my injuries in an appropriate time fashion. I should have had to go to the ER for a check first, by which time my BAC would have blown zero.
My friend says that, because I totalled the car, and injured myself, that it is now felony DUI. I think that's not ture, because it was my car and my injuries, not someone else's. He says I should take a plea bargain and will get off cheaper and easier. By the way, the incident happened while off roading, so I'm not sure whether the street laws even apply.
Thanks, any help appreciated.
2007-11-05 21:43:01 · 9 answers · asked by wingnutav8 1 in Politics & Government ➔ Law Enforcement & Police
I will respond to points in your post-
1- "I passed all of the sobriety tests" - Problem with that is, you don't get to judge your performance.
2- "the PAS said I was sober" - PAS devices measure the amount of alcohol in your system, they do not make judgements or come to conclusions. Not one PAS has a display that reads "SOBER"
3- "...as well as failure to medically address my injuries in an appropriate time fashion" - You have a cut on your nose. Be real. If you had internal injuries and you were forced to sit on a curb for four hours, you might have a complaint.
4- "My friend says that, becasue I totalled the car, and injured myself, that it is now felony DUI" - I can only speak for California, but in order for a DUI to become a felony, you need to injure someone else, be it a passenger in your vehicle or other party. Injuries to yourself don't count. This case sounds like a misdemeanor DUI.
5- "The incident happened while off roading, so I'm not sure whether the street laws even apply" - In California, and most other states, they do. DUI applies ANYWHERE.
There are other slightly less absurd things in your post but I figured I would address the top 5.
2007-11-06 00:20:19 · answer #1 · answered by wykedguy 2 · 3⤊ 0⤋
Maybe you should have paid more attention during driving school. DWI is .08, DUI is less then that.
The .07 is probable cause, and the accident on top of that is only more of the same.
At 17 you are just bloviating about "mental anguish and loss of consortium" - do you even know what that means? What were you inconvenienced for a few hours?
I think you should fight the ticket, sure, and then I think you will be lucky to get your license back before you are 25.
2007-11-05 22:20:52 · answer #2 · answered by Barry C 6 · 2⤊ 0⤋
Most states have a zero tolerance for BAC if you are under 21. Also, if an adult blows between .03 and .08 they can be charged with impaired driving. As for your mental anguish, think of the mental anguish you would have caused if you had killed or maimed another person.
2007-11-05 22:08:53 · answer #3 · answered by Yo it's Me 7 · 2⤊ 0⤋
inspite of the certainty that i'm not an EMT and have easy first help education, which makes me an authority on not something.... i might in no way attempt to be a sturdy Samaritan and extricate somebody from a motor vehicle. There are exceptions... which contain 0 visibility, hearth or different chemical contaminant, starting to be water and consistent with threat some different case by potential of case circumstances. you have an exceptionally severe threat of paralyzing the sufferer if moved improperly, which interprets into lawsuit. we are residing in an atypical united states the place you will possibly be sued for attempting to help, and the 1st reaction is often to help, yet from time to time we are able to do greater injury than sturdy if we at the instant are not knowledgeable to. wish this is clever and enables in answering your question.
2016-09-28 10:50:52 · answer #4 · answered by ? 4 · 0⤊ 0⤋
You can try and fight it if you want but sorry to say you will lose 100% of the time. You are under 21 and its illegal to consume alcohol. It doesn't matter if you blow a .01.
Before you went to the hospital they would have given you a breathalizer test. So you would not have had the chance to get it out of your system plus depending on how much you drank it could have taken up to 4 hours to get the alcohol out of you system.
2007-11-06 00:58:47 · answer #5 · answered by Bandit_ 4 · 1⤊ 0⤋
You're under 21, doesn't matter if you were .07 or not. Anything over .03 for a minor is DUI. You're illegal dude. Plea out and stop drinking and Driving.
2007-11-05 22:22:19 · answer #6 · answered by Anonymous · 3⤊ 0⤋
That is a complicated case with many issues. You need to talk to attorney, that is far less than this case will cost you if you get convicted of a DUI, but it can't be a normal PI attorney since you will be paying the bill out of your own pocket. Make sure it's somebody on your side and not just trying to suck as much money out of you as possible. GEt them to tell you up front exactly how much it's going to cost. I went to one years ago and they lied to me, double billed me, and never even did what I asked them to do (should one phone conversation with a government office have cost $450? I don't think so.
I asked them to write a letter on my behalf and then they refused to do it and threatened to sue me if I didn't pay the bill). That's why I'll never use an attorney again unless there's absolutely no other way. Good luck.
2007-11-05 22:34:57 · answer #7 · answered by Anonymous · 0⤊ 3⤋
The cut on your nose is g-ds way of telling you that you got lucky. Own up to your stupidity and do what is right. Plea out. No contest.
2007-11-05 22:42:46 · answer #8 · answered by Dave124 2 · 1⤊ 0⤋
Until you're 21, you don't have a legal BAC. Grow up, be a man, and admit what you did. Consider yourself lucky that you only hurt yourself.
2007-11-05 22:33:25 · answer #9 · answered by Anonymous · 3⤊ 0⤋