Author Topic: DUI (Read 2853 times)

vdk · « **on:** February 02, 2009, 02:50:09 pm »

Long story short, a good friend of mine got a DUI last night. He is fully licensed. They suspended his license for a number of weeks, good thing he works from home most of the time.
I'm really looking for some advice for him. I'll go pick up his car today - take it home, and then drive him to talk with one of his lawyers. What's to expect in court?

quadzilla · « **Reply #1 on:** February 02, 2009, 02:56:03 pm »

If he was DUI then give him a kick in the nuts. What they hell was he thinking (obviously wasn't)?

In court, hopefully no forgiveness.

Schmengie · « **Reply #2 on:** February 02, 2009, 02:59:32 pm »

The only advice I can give him is to stop drinking and driving and take responsibility for his actions, including whatever punishment the court hands out. IMO there should a zero-tolerance policy for ALL intoxicants while driving, PERIOD.

Maybe your friend should keep the damned lawyers out of it and just plead guilty. It really pisses me off that people use lawyers to try to dodge responsibility and mitigate the consequences of their actions.

I sincerely hope he learns something from this. He's damned lucky he didn't hurt or kill someone.

vdk · « **Reply #3 on:** February 02, 2009, 03:07:15 pm »

I gave him 'the lecture' don't worry about that. It was also the SuperBowl night, I really don't know what was in his head.

As he's my friend, I did give him a hard smack in the head but I'm also going to help him out.

Squishy · « **Reply #4 on:** February 02, 2009, 03:10:40 pm »

My advice? Don't give him any advice outside of the lecture you have already given and driving him to his lawyer. Let him be unprepared in court and have the book thrown at him. If he was rightfully charged, no one should be helping him find loopholes in the law.

quadzilla · « **Reply #5 on:** February 02, 2009, 03:32:07 pm »

Quote from: vdk on February 02, 2009, 03:07:15 pm

It was also the SuperBowl night

Maybe he should tell the judge that.

I hope you are bracing yourself for the responses this thread will get.

DockMan · « **Reply #6 on:** February 02, 2009, 03:34:26 pm »

Although I mostly agree with Squish....

If you are looking for the best way to help your friend make sure he does significant lawyer research. The right lawyer WILL make all the difference. Make sure DUI is a specialty of the lawyer and discuss outcomes of previous clients.

Turbo Bob · « **Reply #7 on:** February 02, 2009, 03:35:52 pm »

Give him the lecture again until it sinks in, then support him like you would any friend. Plead guilty and save the legal costs.

Careener · « **Reply #8 on:** February 02, 2009, 04:02:00 pm »

I agree that he needs a lawyer, not XCopper or equivalent. He needs to find a lawyer who specializes in DUI and has a good track record.
This is going to cost him $$$$ but any amount is better than what will happen if he is found guilty and the insurance companies have their way with him.

Schmengie · « **Reply #9 on:** February 02, 2009, 04:11:05 pm »

Quote from: Careener on February 02, 2009, 04:02:00 pm

I agree that he needs a lawyer, not XCopper or equivalent. He needs to find a lawyer who specializes in DUI and has a good track record.
This is going to cost him $$$$ but any amount is better than what will happen if he is found guilty and the insurance companies have their way with him.

^^^ A good track record at what? If he did it, he IS guilty and should pay the damned price and I don't really give a

how high his insurance goes. If I had my way I'd take his car away, never mind the insurance. If it sounds like I'm angry, I AM!!

articsteve · « **Reply #10 on:** February 02, 2009, 04:11:54 pm »

What did he actually get charged with

DUI is a generic American term.

There are a few possible charges:

1. driving with more than .08

2. impaired driving

3. care and control

The charges can also be dropped down from indictment to summary.

Whatever he does he MUST ABSOLUTELY seek a Lawyer that specializes in "DUI"

bliss@lawyers.ca in Mississauga

I think when this is all over in 5 years it will have cost him $40K

Perhaps it's time to cash out and move to Belize

articsteve · « **Reply #11 on:** February 02, 2009, 04:30:03 pm »

Quote from: Schmengie on February 02, 2009, 04:11:05 pm

^^^ A good track record at what? If he did it, he IS guilty and should pay the damned price and I don't really give a how high his insurance goes. If I had my way I'd take his car away, never mind the insurance. If it sounds like I'm angry, I AM!!

Well I look at this way; the government actively supports the promotion, distribution and sale of alcohol. So they encourage ppl to consume alcohol. Because alcohol is a drug it distorts ppl's thinking and subequently ppl make errors in judgement. That's life.

For first offenders I would have them install breath machines in their vehicle and quit with all this penalty crap. Second offfence would be a different matter.

Schmengie · « **Reply #12 on:** February 02, 2009, 04:42:29 pm »

Quote from: articsteve on February 02, 2009, 04:30:03 pm

Quote from: Schmengie on February 02, 2009, 04:11:05 pm

^^^ A good track record at what? If he did it, he IS guilty and should pay the damned price and I don't really give a how high his insurance goes. If I had my way I'd take his car away, never mind the insurance. If it sounds like I'm angry, I AM!!

Well I look at this way; the government actively supports the promotion, distribution and sale of alcohol. So they encourage ppl to consume alcohol. Because alcohol is a drug it distorts ppl's thinking and subequently ppl make errors in judgement. That's life.

For first offenders I would have them install breath machines in their vehicle and quit with all this penalty crap. Second offfence would be a different matter.

I can see your point, but you've obviously never had to deal with the carnage left behind by an impaired driver. I have, many times.

Careener · « **Reply #13 on:** February 02, 2009, 05:40:42 pm »

Quote from: Schmengie on February 02, 2009, 04:42:29 pm

Quote from: articsteve on February 02, 2009, 04:30:03 pm
Quote from: Schmengie on February 02, 2009, 04:11:05 pm

^^^ A good track record at what? If he did it, he IS guilty and should pay the damned price and I don't really give a how high his insurance goes. If I had my way I'd take his car away, never mind the insurance. If it sounds like I'm angry, I AM!!

Well I look at this way; the government actively supports the promotion, distribution and sale of alcohol. So they encourage ppl to consume alcohol. Because alcohol is a drug it distorts ppl's thinking and subequently ppl make errors in judgement. That's life.

For first offenders I would have them install breath machines in their vehicle and quit with all this penalty crap. Second offfence would be a different matter.

I can see your point, but you've obviously never had to deal with the carnage left behind by an impaired driver. I have, many times.

I have too. Two people I know were killed in separate DUI collisions and both times the impaired driver was slapped on the wrist (80s and early 90s). Despite that I think everyone is entitled to competent legal representation.

vdk · « **Reply #14 on:** February 02, 2009, 05:44:55 pm »

I'm pretty sure it's an 'over 80' charge, not 'impaired driving.' Also it was a random check.

For how long is the license suspended on a first offense? The more I read the more I think he's in deep

.

In his defense he doesn't drink, at all, health problems, he'd be the last person I know to get a DUI.

Thanks Steve, will shoot him an email.

dr_spock · « **Reply #15 on:** February 02, 2009, 06:15:39 pm »

Any way, legally he is entitled to representation by legal counsel and his day in court.

barrie1 · « **Reply #16 on:** February 02, 2009, 08:48:26 pm »

The Poor Mayor of London here is a Lady and her Husband of around 2 years hits a car on the 401 in his Black Avalanche P/U and takes off, then proceeds to drive into Dorchester Ont and hits a family at a Timmies I believe. Still dosen't stop but drives over into a nearby subdivision and parks it in somebodys driveway. Starts running the OPP busted him on foot. The folks on the 401 who he knocked into a ditch were slightly inured but released from Hospital yesterday. The family in the car were all Ok but in shock of course and their car is wrecked. I hope folks don't take it out on her altho she must be very embarassed. He's a Moron for sure.

tenpenny · « **Reply #17 on:** February 02, 2009, 08:53:49 pm »

Quote from: vdk on February 02, 2009, 05:44:55 pm

In his defense he doesn't drink, at all, health problems, he'd be the last person I know to get a DUI.

In which case, he has nothing to worry about....

However, back in reality land, I think he should hire a good lawyer, but be quite honest, upfront, and forthcoming. Sometimes the courts are lenient. Sometimes not.

However, he should be willing to face the consequences of his actions, and accept it.

articsteve · « **Reply #18 on:** February 02, 2009, 09:15:14 pm »

For how long is the license suspended on a first offense?

1 year

and then a breath machine at something like $350 a month. Nightmare.

Time to load up on credit, declare bankruptcy and leave the country.

vdk · « **Reply #19 on:** February 02, 2009, 10:17:04 pm »

So we went to see the lawyer.

1 year suspension - check
3 month prohibition from leaving ON - check
1.3 on the breathalyzer - check
Let your boss know that you can't travel anymore - to do list
Sell car - to do list

Now he's waiting for the lawyer to get the records and what not. All he wants is to be able to travel - and the lawyer thought that with no criminal record he should be able to pull that off.

Moral of the story: please don't drink and drive.