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Old 03-31-2008, 07:51 AM   #41
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this sucks and +1 to the given advice
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Old 03-31-2008, 10:11 AM   #42
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I wonder about the fact that you didn't go to jail.

Even though you got popped on an under 21/no tolerance DUI law, wouldn't the officer still need to take you to jail on this charge?

If you are allegedly driving while under the influence (even if the cop will attest that it was likely just one beer and the only reason he cited you was because you were underage) wouldn't he need to take you off of the streets?

A DUI driver is a DUI driver - regardless of the conditions that legally apply to make it so - and a DUI driver has no excuse to be let back out onto the roadway after having been stopped (AND CITED!!! by law enforcement.)

If you got a DUI then it seems to me that it's the officer's responsibility to take you off the road, thus maintaining a safe roadway - after all, he says you're driving under the influence!

If he lets you drive away with a ticket then he's essentially saying that you're okay to drive - and if you're ok to drive how do you get a DUI?
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Old 03-31-2008, 10:14 AM   #43
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so i got clocked doing 68 in a 60 last night in my truck. i had one beer prior to driving and i am not kidding ONE beer, sober as $h!t. trooper took my lisence. so to pay for the ticket and the lawyer fees. not going to call the parents , im selling my bike. so pretty soon i am going to have to say farewell to the MH community for a while. not sure when i would be able to afford another bike. this is really going to suck
Wade you know your skinny cant hold but 1/5 of a beer before you cant stand up straight ... Next time I suggest you eat more cheese Burgers it will help you gain some weight and you wont have this problem Sorry to hear ... now you can get the Busa that you always wanted
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Old 03-31-2008, 10:16 AM   #44
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^ I know that the obvious response to this is (edit -to my post above, not NoFear's) that he only had one beer and was therefore not too inebbriated to drive, but that the law paints him into a corner because of zero tolerance for underage drink/driving.

But the reasoning behind this law is that ANYONE under the legal drinking age who has consumed ANY alcoholic beverage is unfit to operate a motor vehicle - thus is DUI.

Your argument should be that you were obviously fit to drive because the trooper let you drive away from the scene with a ticket.

I don't recall specifics, but I know there have been other cases where defendants have had charges dismissed because of situations like these.

In upholding safety laws, the primary duty of law enforcement is to preserve safety. If an officer cites someone for breaking a safety law, but then lets them continue on engaging in the EXACT same activity as they were cited for, then safety is either not being maintained or you actually posed no threat to safety in the first place.
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Old 03-31-2008, 10:19 AM   #45
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Could an officer write a person of legal drinking age for DUI and let them drive away?
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Old 03-31-2008, 10:24 AM   #46
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Quote:
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Could an officer write a person of legal drinking age for DUI and let them drive away?
No, but he might be allowed to let the driver call someone else to drive him away, which is what I'm guessing happened here.
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Old 03-31-2008, 10:24 AM   #47
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Old 03-31-2008, 10:25 AM   #48
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foo... I did not realize that you were underage
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Busa club. why did you not mention that? that makes things all nice and peachy
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Old 03-31-2008, 11:26 AM   #49
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man, this is the second offense with either MIP or DUI - get a lawyer.
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Old 03-31-2008, 02:48 PM   #50
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ok... ya'll are waaaaay off.

the dude didn't get a DWI...he'd be in jail. he said he had one beer and the officer obviously believed him.
a minor driving a vehicle with any detectable amount of alcohol is a Class C offense, (ABC sec. 106.041) the same as speeding or running a redlight. It's just a ticket.
Now, if the officer believes him to be intoxicated, over .08, then he'd do the tests and arrest him for DWI if need be.
one beer won't put you over the legal limit and the officer could obviously tell that..therefore no jail.
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Old 03-31-2008, 03:03 PM   #51
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True.

Quote:
7. Driving Under the Influence of Alcohol by a Minor (DUI). A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. This is a Class C misdemeanor except if the minor has been previously convicted at least twice of alcohol-related offense. Deferred Adjudication is considered a conviction for enhancement. A Minor is not eligible for deferred adjudication on 3rd offense. (For penalties, see the following chart and Section C-1 below. See also Sections B-8,9). ABC§106.041
Yes, he did get a Class C DUI though, and it will still get expensive. And very bad for his future. For example, if you want to become a PO you cannot have a DUI/DWI in the past 10 years.

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Offense Fine Community Service Loss of License Education Jail
1st Up to $500 20-40 hours 60 days 180 days Required None
2nd Up to $500 40-60 hours 120 days 2 years Judges' option None
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nothing goes unmoderated....
"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."

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Old 03-31-2008, 03:07 PM   #52
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for sure gonna hit the wallet.... but it's not the same as having an actual DWI on the record....that'd hurt for YEARS.
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Old 03-31-2008, 03:10 PM   #53
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for sure gonna hit the wallet.... but it's not the same as having an actual DWI on the record....that'd hurt for YEARS.
No joke, an old friend of mine is in the processing of trying to plea a DWI down to a DUI.
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nothing goes unmoderated....
"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."
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Old 03-31-2008, 03:11 PM   #54
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Cool, so it's a totally different crime.

I thought it was a B misd. A C isn't nearly as bad, he can still get his CHL next year.
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Old 03-31-2008, 03:36 PM   #55
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I had a friend go through a similar situation. They ended up taking her license for a period of time. But it was just a citation that night and someone else drove. Good luck with this! Hope you don't have to lose the bike, but I definately second the opinion about telling your parents. Better to get that stuff out now.
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Old 03-31-2008, 03:44 PM   #56
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Old 03-31-2008, 03:45 PM   #57
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Quote:
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If you can prove you had only ONE beer you should be able to fight it. Did you do the Breathalyzer test? Can you give a little more detail into what happened?
No you can't the law is Very clear on this

ANY booze in your system at all if your under 21 = instant DWI
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Old 03-31-2008, 07:26 PM   #58
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No you can't the law is Very clear on this

ANY booze in your system at all if your under 21 = instant DWI
it's already been posted that it's not really a true dui, much less a dwi -it's a technical dui - a dwi sucks while a dui only sucks , this dui only sucks man - minor driving under the influence. sucks nevertheless.
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Old 03-31-2008, 07:41 PM   #59
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it's already been posted that it's not really a true dui, much less a dwi -it's a technical dui - a dwi sucks while a dui only sucks , this dui only sucks man - minor driving under the influence. sucks nevertheless.
It's definately a "true" DUI, but no it is not a DWI.
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nothing goes unmoderated....
"And so, this tiny metal deathtrap becomes known as the ultimate form of freedom. Like a steampunk cyborg, man and machine fuse to make a symbol of what you can become when style and speed matter more than safety and efficiency. Is it any wonder that some people just get mad every time they see a motorcycle go by? Because it challenges everything they have, while proving to them that they donít have enough."
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Old 03-31-2008, 07:43 PM   #60
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Quote:
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No you can't the law is Very clear on this

ANY booze in your system at all if your under 21 = instant DWI
This was before I found out he was under 21.
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