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Posted by 510svt (Member # 8705) on
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So fridayy night i went out to the city and on the way home i got pulled over by CHP for speeding. I had drank befor that and they made me take the tests which i passd but wen i took the breathalyzer it showed i had alchol so they took me in. Anyone have some advice on whats to come? and what i should do? Im hear different amounts i hav to pay from diff plp? And Should i fight it? Btw im only 20 yrs old. Any advice would help!
Posted by 94tealgt (Member # 10127) on
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It's going to be hard to fight it just because your under age. What was your blood alcohol level?
Posted by 510svt (Member # 8705) on
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quote:
Originally posted by 94tealgt:
It's going to be hard to fight it just because your under age. What was your blood alcohol level?
They didnt tell me. all the other test they made me do i passd lik nothin
Posted by Eddie510- (Member # 2354) on
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My advice don't drink and drive good luck my relative spent over 3k
Posted by N8 (Member # 6048) on
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Did you get an actual DUI? Or did they get you for underage drinking? Seems they should have told your readings. Also long as your under the legal limit that does not constitute a DUI. First thing sounds like you need to find out what your charged with and get your readings. Find out the facts, then consult an attorney. Or google DUI laws and read up to see if you can find a loophole.
Posted by JohnB (Member # 969) on
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quote:
Originally posted by N8:
Also long as your under the legal limit that does not constitute a DUI.
0.01% is the limit if you're underage. Under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
Get a lawyer if you think you've got a leg to stand on. If not, consider this all a very expensive learning experience, sack up, and deal with it.
Posted by 510svt (Member # 8705) on
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quote:
Originally posted by N8:
Did you get an actual DUI? Or did they get you for underage drinking? Seems they should have told your readings. Also long as your under the legal limit that does not constitute a DUI. First thing sounds like you need to find out what your charged with and get your readings. Find out the facts, then consult an attorney. Or google DUI laws and read up to see if you can find a loophole.
I got an actual DUI
Posted by 94tealgt (Member # 10127) on
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Your not going to be able to fight it because your under age and charged with a dui. I got one when I was 19. I paid about 3000 worth. Live and learn. Good luck to you though. I hope it some how works out for you.
Posted by Wolfie351 (Member # 651) on
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And, just to remind everyone out there, you are NOT required to submit to field sobriety tests or preliminary screenings if you are over 21. You are only required to submit to BAC tests AFTER arrest.
It is possible for the OP to get out of a DUI depending on cirmunstances. But, as others have said, any BAC reading is going to me automatic license suspension for people under 21
Posted by SydeWaySix (Member # 3596) on
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Damn jose...good luck bro! That sucks
Posted by N8 (Member # 6048) on
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quote:
Originally posted by 510svt:
quote:
Originally posted by N8:
Did you get an actual DUI? Or did they get you for underage drinking? Seems they should have told your readings. Also long as your under the legal limit that does not constitute a DUI. First thing sounds like you need to find out what your charged with and get your readings. Find out the facts, then consult an attorney. Or google DUI laws and read up to see if you can find a loophole.
I got an actual DUI
Good luck playa, If what JohnB said is the truth, just go ahead and take what you got coming. I know it will make getting a job very hard.
Posted by 510svt (Member # 8705) on
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Thankss for the advice guys. How long does the court porcess take?
Posted by Dag302 (Member # 4682) on
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http://www.californiadui.com/articles/underage-dui-in-california.php
Posted by gercolla1 (Member # 3068) on
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your lucky all you have is a ticket
Posted by slidewayz94 (Member # 3101) on
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quote:
Originally posted by N8:
Did you get an actual DUI? Or did they get you for underage drinking? Seems they should have told your readings. Also long as your under the legal limit that does not constitute a DUI. First thing sounds like you need to find out what your charged with and get your readings. Find out the facts, then consult an attorney. Or google DUI laws and read up to see if you can find a loophole.
A person under 21 cannot drive with any measurable amount of alcohol in their system.
You do not have to have .08 BAC to be arrested for DUI. The .08 or greater is a second charge (cvc 23152b)
A person may shows signs of impairment (whether from drugs and/or alcohol) and not be .08 but still arrestable for 23152a. Think of your prescription pain pill poppers or those high on marijuana. Just because a Dr prescribes it does not mean your safe to operate a vehicle.
Posted by Yaterstang (Member # 7659) on
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quote:
Originally posted by gercolla1:
your lucky all you have is a ticket
I feel for ya and its an easy mistake to make for anybody. I'd be lying if I said I've never driven drunk before, and I'd also be lying if I said I was never drunk when I've been pulled over by a cop. Luckily the cop didnt figure out how shit faced I was. What a POS cop right? Anyways, what you'll realize is that you cant put yourself in situations that will end up with you behind the wheel after even 1 drink. The one drink thing is fucking bullshit too by the way, nobody has just one drink that gets them a dui unless your a midget. I'd suggest to start smoking weed, nobody gets hit with a driving under the influence of mary jane. That way you can have the mind change your looking for. But if you know your going to drink, plan shit out and prepare to get a cab or something. They are much cheaper than DUis!
Posted by 510vnum (Member # 9106) on
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Andele wey
Posted by 510vnum (Member # 9106) on
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Andele wey
Posted by SmokinLX (Member # 1684) on
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Look's like Your done. Whatever You do don't get caught doing it again they are really cracking down on DUI's and I think it's mandatory jail time for the second offense now. What the hell were You thinking? Don't You know that labor day weekend and new year's are the absolute worst time to drink and drive?? Try and get a free or cheap consultation with a DUI attorney and see if there is chance of getting it dropped to a wet recklous. For the rest of the people out there, I learned the hard way "about 15 years ago" that an open container is a 2 point major violation and the insurance company's look at it the same as getting a DUI which mean's full coverage insureance is virtually unattainable and You will lose Your job if it has anything to do with driving. For the OP hopefully You learned Your lesson and find a loop hole out of this thing.
Posted by NEIGHT (Member # 8741) on
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quote:
Originally posted by N8:
Also long as your under the legal limit that does not constitute a DUI.
I thought if your under 21 you can't have any alcohol in you while driving, and once your 21 you have to be under 0.08?
Posted by slidewayz94 (Member # 3101) on
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quote:
Originally posted by Yaterstang:
quote:
Originally posted by gercolla1:
your lucky all you have is a ticket
I feel for ya and its an easy mistake to make for anybody. I'd be lying if I said I've never driven drunk before, and I'd also be lying if I said I was never drunk when I've been pulled over by a cop. Luckily the cop didnt figure out how shit faced I was. What a POS cop right? Anyways, what you'll realize is that you cant put yourself in situations that will end up with you behind the wheel after even 1 drink. The one drink thing is fucking bullshit too by the way, nobody has just one drink that gets them a dui unless your a midget. I'd suggest to start smoking weed, nobody gets hit with a driving under the influence of mary jane. That way you can have the mind change your looking for. But if you know your going to drink, plan shit out and prepare to get a cab or something. They are much cheaper than DUis!
Your very misinformed, people get arrested everyday for driving under the influence of marijuana.
Posted by 90blackgt (Member # 7716) on
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your fucked your not 21 your not able to drink. simple as that
Posted by FordManDan (Member # 432) on
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The most important thing here is that you realize you made a stupid mistake. That alone is what the DA or any judge will want to be certain of.
I have no patience for anyone drinking and then driving a car. No matter how old.
Not saying you were drunk, just saying...
Make better choices and convince the proper people that it was a horrible mistake and you'll never do it again.
If you play your cards right, you'll be able to expunge the offense from your record once you complete the required disciplinary actions.
Posted by TR1 (Member # 296) on
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quote:
Originally posted by N8:
Also long as your under the legal limit that does not constitute a DUI.
Actually, thats not true.
There is two sections to the DUI law. One for driving while under the influence and one for being over .08% BAC.
You can be charged with both or just the (a) section.....
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
[ September 05, 2010, 06:19 PM: Message edited by: TR1 ]
Posted by N8 (Member # 6048) on
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quote:
Originally posted by TR1:
quote:
Originally posted by N8:
Also long as your under the legal limit that does not constitute a DUI.
Actually, thats not true.
There is two sections to the DUI law. One for driving while under the influence and one for being over .08% BAC.
You can be charged with both or just the (a) section.....
23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
It would be awful hard to get that one to stick. But since this gentleman is under the legal drinking age sounds like they got em. The part you quoted sticks really well if the officer observes the person drinking and watches him get behind the wheel. But does not sound like this is the case. And I am giving my best Perry Mason at this point.
I hope the gentleman here makes better choices in the future.
Posted by Adam5.0 (Member # 6995) on
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quote:
Originally posted by JohnB:
quote:
Originally posted by N8:
Also long as your under the legal limit that does not constitute a DUI.
0.01% is the limit if you're underage. Under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
+1 happened to a buddy of mine. lost his lic. for a year. best advice I can give is start looking for a bicycle
Posted by 94tealgt (Member # 10127) on
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I have a bad ass goped for sale. Goes 38 mph with my big ass on it. 400 bucks and its yours. I have 1800 invested. Lmk
Posted by solbrothers (Member # 7524) on
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dui advice? dont drink and drive, you piece of shit
Posted by Yaterstang (Member # 7659) on
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quote:
Originally posted by solbrothers:
dui advice? dont drink and drive, you piece of shit
+1 finally.
And by the way, the next person to tell me that they had been pulled over for driving while under the influence of weed will be the first.
Posted by 510svt (Member # 8705) on
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quote:
Originally posted by solbrothers:
dui advice? dont drink and drive, you piece of shit
Yea nice advice. no need to be a smart ass
Posted by N8 (Member # 6048) on
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quote:
Originally posted by solbrothers:
....you piece of shit
I found this hella funny for some reason.
Posted by 89TRUNK (Member # 2506) on
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There are two other citable offenses 23136 (over .01 BAC) and 23140 (over .05 BAC) for people under 21 which are pretty much a ticket you sign for.
23152 A/B is for a DUI which supercedes the two previously stated
Posted by WildFire532FB (Member # 1482) on
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Buy a bike, save money i heard its expensive, and try and keep your job.
Posted by season'd 88 (Member # 169) on
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510svt, Think of this DUI as a God send.
My advise, after the resulting punishment, would be to quit drinking. You will live a better life overall..i promise.
[ September 06, 2010, 01:56 AM: Message edited by: season'd 88 ]
Posted by Sic Beast (Member # 6771) on
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Valio Puratita Verga!
Good luck wit that jose..just wait for watz coming!
If u got questionz or don't understand ...just ask..I mean thatz wat I would do....too serious of a matter to not know watz gonna happen or watz next. Luck bro
Posted by 510cpskid (Member # 8277) on
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tree > beer
Posted by phonso302 (Member # 9260) on
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off topic..
My coworker managed to get a dui with 6 sober people in his suv... asked me for advice I told him look for new friends,didnt listen now he has 2 dui's following him around and is unemployed...commercial license + dui = game/life over
I dont know you dude or want to come off like a dick but if you got a dui on labor day weekend
1.you dont watch the nightly news or you would have known ALL Law enforcement agencies are on 100% dui/traffic enforcement..
2.you saw the news and just didnt give a fuck...
3.you are some OG paisa that likes driving around drunk...
I drank 1 BEER and told my girl to drive,just not worth gambling specially if you have someone sober with you...
Posted by Yaterstang (Member # 7659) on
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Your lucky this isnt you!
Posted by solbrothers (Member # 7524) on
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quote:
Originally posted by Yaterstang:
Your lucky this isnt you!
you're
Posted by 2slow2go (Member # 9159) on
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^^^^^^ looks like shit haulinassmaro parts out
Posted by Chris C. (Member # 1949) on
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First off I would contact a DUI lawyer! asap. But being under 21 you may be screwed.
You have 10 days (i think) to file with the DMV to keep from getting your DL suspended right away.
Court process and the DMV process are 2 completely different things.
CALL A LAWYER!
Also be lucky you got pulled over, and not plowed into someone or something.
Posted by wilit (Member # 3367) on
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quote:
Originally posted by Chris C.:
First off I would contact a DUI lawyer! asap. But being under 21 you may be screwed.
You have 10 days (i think) to file with the DMV to keep from getting your DL suspended right away.
Court process and the DMV process are 2 completely different things.
CALL A LAWYER!
Also be lucky you got pulled over, and not plowed into someone or something.
+1. You need to call a lawyer. Like a couple of others have said, being under 21, you're fux0rd. If you're lucky, you might be able to keep your license to drive to work and back, but I wouldn't count on it. A good lawyer might be able to swing that for you.
Posted by SydeWaySix (Member # 3596) on
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WHat you SHOULD/NEED to do is stop driving fool! I see you smashin down industrial earlier! hahahhaah
Posted by SHOalex (Member # 7720) on
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quote:
Originally posted by 510vnum:
Andele wey
Hahahahahahahahaha what a dick! Hahahahahaha
Posted by bottled95GT?? (Member # 1772) on
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Holy Fuck!!!!! Was that first car a fox?!? Only reason I noticed was the 10 hole rim.
Posted by 86capri (Member # 7949) on
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Estas bieeen pendejo. Dem foos talking hella shyt bru
Posted by 90GT510 (Member # 9199) on
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quote:
Originally posted by Yaterstang:
Your lucky this isnt you!
DAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAMN!
Posted by Sic Beast (Member # 6771) on
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quote:
Originally posted by SydeWaySix:
WHat you SHOULD/NEED to do is stop driving fool! I see you smashin down industrial earlier! hahahhaah
wasnt this the reason he got pulled over? sum ppl never learn huh
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