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Someone help regarding a DUI stop

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Swat-cat_max50

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Posted almost 3 years ago

 

Forgive me if this is not the proper place for this topic to be posted.


I have a DUI incident that happened with someone close to me and I would appreciate for any feedback.


 


The driver, who is my father was driving under the influence with the car full of people including my 12 year old brother. He got pulled over for going 90 in a 65 in a state of Virginia. From what he told me, he said that he refused to take the breathalizer test but was cooperative in doing the sobriety test. He was arrested and had to be bailed out for $2400. His license was also taken away. The court date is in October.


Anyone know roughly what the outcome of all this could be?

Calico_jack_max50

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Rate This | Posted almost 3 years ago

 

Nothing good


But better than if he had had an accident.


drink up me 'arties yo ho

avast ye don't ask we be friends if 10 post we not shared

AARGH ye be prepared to kiss the gunners daughter if I be crossed

Bald-eagle-in-flight_860_max50

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Rate This | Posted almost 3 years ago

 

What Top_Cat said.

White_shirt_max50

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Rate This | Posted almost 3 years ago

 

Someone will need to drive him around the next year. Refusing the BA test is a year long revocation.

Tribal_cat_tattoo__2__max50

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Rate This | Posted almost 3 years ago

 

Like UncleD said, refusal is an automatic revocation of the drivers license for one year.


In NC, and I don't know about other States, the person, most of the time, loses their license for an additional year for refusal, upon conviction, determined by DMV.  Furthermore, in the city where I live, refusal means the Officers will get a seach warrant to take a blood test.  This will be admissible in court along with the refusal to take the BA test.  Not too good.  


For a first time offense, the person could be granted certain driving privledges after 6 months, depending on the levels found, but only if the BA test was taken.  


 


 


"Government's first duty is to protect the people, not run their lives." - Ronald Reagan

Wredcedar_max50

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Rate This | Posted almost 3 years ago

 

If it is his first DUI and if he did not have too high of a BAC, and if he was cooperative with the LEO's on the stop, it might be possible for him to get a diversion.  Will still coat plenty and count as a first time DUI if any further DUI's but will help with the insurance and get some classes on DUI avoidance.


He is very lucky, the way he was driving it would have been very easy to kill/seriously injure all the people in his car and those in any other vehicle he hit, you should consider yourself and him very lucky that there was no one harmed by his actions.

Swat-cat_max50

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Rate This | Posted almost 3 years ago

 

Cedardale says ...



If it is his first DUI and if he did not have too high of a BAC, and if he was cooperative with the LEO's on the stop, it might be possible for him to get a diversion.  Will still coat plenty and count as a first time DUI if any further DUI's but will help with the insurance and get some classes on DUI avoidance.


He is very lucky, the way he was driving it would have been very easy to kill/seriously injure all the people in his car and those in any other vehicle he hit, you should consider yourself and him very lucky that there was no one harmed by his actions.



Yea I was not in the vehicle with him. If I was I would of never let him drive. I was able to find this: 


http://www.newportnewsduilawyer.com/virginiabreathtestrefusal.html


And if I understand it correctly. He should be able to get his license back after 7 days if its his first offense and does not have to wait till court date. If he is "convicted" which he hasnt been yet, then it would be taken away for a year.

Wredcedar_max50

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Rate This | Posted almost 3 years ago

 

Realize i know nothing about Virginia DUI laws and regulations, i am only telling you how it could work here. 


Were the other adults (if any) also drunk or just didn't mind letting a drunk drive them very fast.

100_1750_max50

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Rate This | Posted almost 3 years ago

 

He will also need a second job paying for the fines. Thank God he didn`t kill anyone. DUI is a very expensive action.

Tribal_cat_tattoo__2__max50

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Rate This | Posted almost 3 years ago

 

Top_Cat says ...



KCecala says ...



He will also need a second job paying for the fines. Thank God he didn`t kill anyone. DUI is a very expensive action.



Expect higher insurance rates as well when he resumes driving.  


At 90 MPH he was not in controll of that vehicle, even somber you start  to tunnel vision at 80 MPH.   He did even slow down even though he knew he had been drinking and did what many drunks do, sped up.


 



Hmm.. I didn't know a person could start to have tunnel vision at 80 MPH.  Learn somethin' every day!   


Sorry, back on topic:  I think this is going to be a hard lesson for the driver.  Hopefully, a lesson he will learn from


 


"Government's first duty is to protect the people, not run their lives." - Ronald Reagan

White_shirt_max50

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Rated +1 | Posted almost 3 years ago

 

In my state even if you are found not guilty of DWI/DUI refusing the BA is an automatic year long revocation. I would imagine most states are in line. I would check with your state.

Tribal_cat_tattoo__2__max50

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Rate This | Posted almost 3 years ago

 

uncledennis1 says ...



In my state even if you are found not guilty of DWI/DUI refusing the BA is an automatic year long revocation. I would imagine most states are in line. I would check with your state.



Hey UncleD, is your State like mine where you could lose your license for the additional year if you refuse the BA test?  Here you can lose your license for 1 year automatically plus another year, for a total of 2 years.


"Government's first duty is to protect the people, not run their lives." - Ronald Reagan

Tribal_cat_tattoo__2__max50

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Rate This | Posted almost 3 years ago

 

Top_Cat says ...



Catwoman911 says ...



Top_Cat says ...



KCecala says ...



He will also need a second job paying for the fines. Thank God he didn`t kill anyone. DUI is a very expensive action.



Expect higher insurance rates as well when he resumes driving.  


At 90 MPH he was not in controll of that vehicle, even somber you start  to tunnel vision at 80 MPH.   He did even slow down even though he knew he had been drinking and did what many drunks do, sped up.


 



Hmm.. I didn't know a person could start to have tunnel vision at 80 MPH.  Learn somethin' every day!  


 



If only big sister, dear.  


The effect can begin at any speed, but worsens as speeds increase.   The brain's visual cortex can process only so much information.   People who don't notice these changes and the need to compensate are especially dangerous. 



Damn, guess I should watch my speed, then huh!  


"Government's first duty is to protect the people, not run their lives." - Ronald Reagan

Silver_warrior_max50

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Rated +2 | Posted almost 3 years ago

 

After reading this thread, there are some issues that still have yet to be addressed. . . . like, if convicted, would this be the first time or one of several times?  According to statistics, on average a person has driven under the influence some 80 or so times before finally getting caught.  Obviously some have been caught their first time out and others have driven most of their life intoxicated before being caught.  With that said, if this is #1. . . .then on just the OWI. . .or DUI as some call it, then odds are in their favor of getting a light sentence.  The refusal of the breath test does not help in this scenario though as there are issues with just this alone. . . .unless his lawyer can get it dismissed with a plea to the original charge.


The other thing I noticed in your scenario is the 12 year old son.  In Michigan if there were anyone in the vehicle under the age of 16 at the time of the arrest, the penalty was enhanced from a potential 93 day misdemeanor to a 1 year misdemeanor.  With that comes other penalties which are meant to protect children from riding in an automobile with an intoxicated driver.


These are just a couple of things that came to mind when I read your posting.  I'm sure there are monkey wrenches that could be thrown into the mix. . . . but these will suffice for now.


I won't be wronged, I won't be insulted, and I won't be laid a hand on. I don't do these things to other people and I expect the same from them.

John Bernard Books, from "The Shootist"

Swat-cat_max50

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Rate This | Posted almost 3 years ago

 

Beowulf_7 says ...



After reading this thread, there are some issues that still have yet to be addressed. . . . like, if convicted, would this be the first time or one of several times?  According to statistics, on average a person has driven under the influence some 80 or so times before finally getting caught.  Obviously some have been caught their first time out and others have driven most of their life intoxicated before being caught.  With that said, if this is #1. . . .then on just the OWI. . .or DUI as some call it, then odds are in their favor of getting a light sentence.  The refusal of the breath test does not help in this scenario though as there are issues with just this alone. . . .unless his lawyer can get it dismissed with a plea to the original charge.


The other thing I noticed in your scenario is the 12 year old son.  In Michigan if there were anyone in the vehicle under the age of 16 at the time of the arrest, the penalty was enhanced from a potential 93 day misdemeanor to a 1 year misdemeanor.  With that comes other penalties which are meant to protect children from riding in an automobile with an intoxicated driver.


These are just a couple of things that came to mind when I read your posting.  I'm sure there are monkey wrenches that could be thrown into the mix. . . . but these will suffice for now.



Yea its his first offense so we'll see how it goes. if I remember I'll get back here and post the outcome of the case. Thank You everyone for your feedback. I am disgusted at what happened as well and I hope this will be a good lesson to him.

Img_1828_max50

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Rate This | Posted almost 3 years ago

 

Wow.


The speed in itself accompanied by his conditions is definitely a mandatory revocation. In the state of NC..if I stop you and ask you to submit to my sobriety tests, and you say no....automatically a loss of license regardless if you turn out to be over the limit or not. The DA is going to have a field day with him. 4 things....Careless and reckless speed....minor in the car.......drunk.......refused to take tests initially........yeah.  Bad day. Sorry. 


 

Img_1828_max50

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Rate This | Posted almost 3 years ago

 

Beowulf_7 says ...



After reading this thread, there are some issues that still have yet to be addressed. . . . like, if convicted, would this be the first time or one of several times?  According to statistics, on average a person has driven under the influence some 80 or so times before finally getting caught.  Obviously some have been caught their first time out and others have driven most of their life intoxicated before being caught.  With that said, if this is #1. . . .then on just the OWI. . .or DUI as some call it, then odds are in their favor of getting a light sentence.  The refusal of the breath test does not help in this scenario though as there are issues with just this alone. . . .unless his lawyer can get it dismissed with a plea to the original charge.


The other thing I noticed in your scenario is the 12 year old son.  In Michigan if there were anyone in the vehicle under the age of 16 at the time of the arrest, the penalty was enhanced from a potential 93 day misdemeanor to a 1 year misdemeanor.  With that comes other penalties which are meant to protect children from riding in an automobile with an intoxicated driver.


These are just a couple of things that came to mind when I read your posting.  I'm sure there are monkey wrenches that could be thrown into the mix. . . . but these will suffice for now.


 


Same here in NC. A minor child in the car, or juvenile is an "aggravating" factor to up the anty in charges, and penalities. Definitely a no go here. 


 


25-1-13-a_1__max50

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Rate This | Posted almost 3 years ago

 

SilVa03 says ...



Forgive me if this is not the proper place for this topic to be posted.


I have a DUI incident that happened with someone close to me and I would appreciate for any feedback.


 


The driver, who is my father was driving under the influence with the car full of people including my 12 year old brother. He got pulled over for going 90 in a 65 in a state of Virginia. From what he told me, he said that he refused to take the breathalizer test but was cooperative in doing the sobriety test. He was arrested and had to be bailed out for $2400. His license was also taken away. The court date is in October.


Anyone know roughly what the outcome of all this could be?



Describe for me what exactly is "a car full of people" and was your mother in the vehicle also?  How about other adults?  Who else was in the vehicle that, for all intents and purposes, was also drunk enough to have been considered under the influence had they been driving instead of your father?  Was anyone in the vehicle other than your 12 year old brother sober (GOD......... I SURE HOPE HE WAS SOBER)?  (I am also assuming that your father is likewise the father of your 12 year old brother)  Even if your father were the only occupant in the vehicle at the time, he would be in for one heck of a ride given the DUI and the speeding violation.


You say that he refused to take a breathalyzer test.  Does Virginia have a implied consent law that gives the driver a choice of let's say, blood or urine over breath?  In California (not being familiar with Virginia laws), "IMPLIED CONSENT" means that by signing your name on the application for your driver's license, you have given consent to have one of three tests.  They are breath, blood or urine.  One could refuse to take one in favor of one of the others and be in compliance under the law.  Did your father refuse to take a breathalyzer in addition to blood or urine?  In California, a refusal under "Implied Consent" is an automatic one year suspended license in addition to any other conviction and penalty.


If I were the officer filing the case and dad failed to ensure the safety of the 12 year old child and or any other minor children that may have been inside of the vehicle, I would be looking to file FELONY CHILD ENDANGERMENT charges as well.  If mom had knowledge of your father's condition and allowed the child to get into a vehicle with him (daddy) being intoxicated and or was in the vehicle (drunk or sober) at the time of the stop herself, I would be looking to have the child (and any other minor children) removed from the home.


If this sounds somewhat callous and harsh, it is because I have a zero tolerance for DUI's.  I am guessing but will bet my guess is accurate in that I do not believe for one second that this is the first time he has driven under the influence......... THIS IS JUST THE FIRST TIME THAT YOU KNOW OF THAT HE GOT CAUGHT.  What could the outcome be?  I don't know........ It depends upon how the courts in your state prosecute cases like these.  Other than that and probably even more important is what your father does from this point forward.  Does he understand that he may have a serious problem and is looking to get the help needed to correct his behaviors, making better decisions where alcohol is concerned?  If he doesn't believe that he has a serious problem and he continues to do what he is doing, he will yet likely hurt or kill someone.  For his sake and yours....... I HOPE HE IS GETTING THE MESSAGE......... LOUD AND CLEAR!!!!!

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Rate This | Posted almost 3 years ago

 

SilVa03 says ...



Cedardale says ...



If it is his first DUI and if he did not have too high of a BAC, and if he was cooperative with the LEO's on the stop, it might be possible for him to get a diversion.  Will still coat plenty and count as a first time DUI if any further DUI's but will help with the insurance and get some classes on DUI avoidance.


He is very lucky, the way he was driving it would have been very easy to kill/seriously injure all the people in his car and those in any other vehicle he hit, you should consider yourself and him very lucky that there was no one harmed by his actions.



Yea I was not in the vehicle with him. If I was I would of never let him drive. I was able to find this: 


http://www.newportnewsduilawyer.com/virginiabreathtestrefusal.html


And if I understand it correctly. He should be able to get his license back after 7 days if its his first offense and does not have to wait till court date. If he is "convicted" which he hasnt been yet, then it would be taken away for a year.



He was selfish to get behind the wheel drunk with your brother, but your worried about when he might get his license back? (It should be never.) You should be concerned he could've killed many people that day.

Beware_max50

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Rate This | Posted almost 3 years ago

 

Refer to the above...............read it carefully.......several times!!!!!! Personally I have absolutely ZERO sympathy for your father.


"Quando omni flunkus moritati"

Image_max50

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Rate This | Posted almost 3 years ago

 

 I also have to agree with Crimefighter. I also have no sympathy for your dad. Your dad needs to get help. He is lucky that he did not kill some the rate of speed he was going and under the condition that he was in.

Tribal_cat_tattoo__2__max50

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Rate This | Posted almost 3 years ago

 

 http://www.dmv.state.va.us/webdoc/pdf/dmv168.pdf


This is a breakdown of the laws in VA for DUI.. and refusal of Breath Test


"Government's first duty is to protect the people, not run their lives." - Ronald Reagan