I'm a 20 year old female who was in a bar drinking with local policemen & was charged with DUI that same night
98326
I have to say I'm not completely clear on what your question is.  \n\nSo you were drinking with some cops.  How does that change any of the facts of this situation?  A) you are underage and drinking and, B) you were driving, right?  Whether you were drinking with cops, doctors, lawyers, or your mother, you were still drinking and driving.  Just don't understand why the cop thing comes into this, so if I'm missing something, please explain it so I can understand it better.  \n\nThen it gets even more confusing for me.  You got two tickets; one for DUI and one for underage drinking.  But you blew under the limit on the portable machine, and invalid at the station.  So what you've said is that there is no chemical test that shows you were over the legal limit, right?  If that's the case, I'm not sure how or why you were cited for DUI, since there doesn't seem to be any proof that you were..and there seems to be proof that you weren't (your first test was under the limit).  There are ways a person can still be DUI even though they are under the limit, but you didn't talk about any of those things so I'm assuming they don't apply in your case.  \n\nDavega7 has some valid points, but I can assure you the DUI charge is harsher in California.\n\nlll_oo_legend_oo_lll would have you think that you might "have a case" because you were drinking with cops, but I still don't see what kind of case you'd have or how your choice of drinking partners has anything to do with your possibly illegal behavior.\n\nsdatary has some VERY valid points about relying on advice from Yahoo! users.  This forum really does not lend itself to the kind of interaction you need for legal counsel.  And I would agree with his/her comment about your possible concerns with the ethics of the officers you were drinking with, assuming they knew you were twenty and assuming they had some duty to find that out.  When I go to a bar off duty, it's certainly not my job to make sure everyone I might drink with is of legal age...it's the bartender's.\n\njkheavy2000 is offering some fairly poor advice (that you didn't ask for anyway) but he/she says it's from their attorney and it certainly sounds like something an attorney would say.  Most states have laws that require you to submit to a chemical test if you're arrested for DUI so you can choose to follow the law or not, it's pretty much up to you.  Some states allow for a blood test against your will, so it's possible you might even end up taking a test anyway and if so, your refusal will likely be used against you in court and result in more fines and/or jail time.  \n\nBut you want to know about your recourse in court.  Well, it would probably be helpful to know what state you're in.  Even then, without knowing more of the details of this situation, it's likely going to be difficult for anyone to give you a good answer to this question.  Ultimately, your decision regarding what you want to do in court should be based on what you are charged with.  Just because you received two tickets does not necessarily mean that the prosecutor will decide to charge you with both crimes...and there's too much missing information to be able to guess what you might be charged with.  Once you know what you're going to be charged with, you should decide (perhaps after talking with an attorney) if you did the thing you're being accused of, and if you did, if you want to just accept responsiblity for it and plead guilty or try to change the outcome by contesting the matter.  I don't know if that's what you're looking for when you talk about recourse, but that's what I got from the question.\n\nIf you're asking about recourse because you were drinking with cops and you don't feel it's right that you got busted at some point later in the evening, I'd go back to what I said before; I just don't get t
854499
Dude, you can SO beat that in court. I hope you plead innocent. Get a lawyer. If you can't afford one, ask for a jury trial. By that time, the prosecutor will get a hold of you and try to get you to take a plea agreement. Try to get them to plead it down to a lesser charge (I dont know what that would be) and to have the record SEALED IMMEDIATELY. That means if a future employer looks at your criminal history, this offense won't show up. IF you can do that, then who cares if you get convicted or not? The fine will be minimal and you won't be serving any jail time. If you can't do that, go to trial. \n\nResearch this online more, but basically, they have no case whatsoever if they CANT proved that you were intoxicated. The burden of proof is on THEM, not you.\n\nNow..They COULD tag you with underage drinking if you are under 21, keep that in mind and plan you strategy accordingly
317246
you dont, unless you can bargain real well with a lawyer, other than that i suggest stop drinking, or stop driving after you've been drinking...as far as i know a 3rd offense is a felony and felonies are punishable with a minimum of 1 year in prison
356652
First of all, never get really drunk at a bar again!;) Secondly, I think you should shower, go to a dr to get tested for STD's, then relax and know that it wasn't exactly your fault that this happened (other than the fact that you got wasted)....alcohol makes people do things they would never normally do. Your main concern right now should be to get checked out by a physician to make sure you haven't contracted anything. Then, if you are okay, just try to move on from this episode. WHen you were drunk you didn't realize what exactly happened, and it is like a bad dream. If you look at it that way, then you might be okay!\nGOOD LUCK! My main advice: NEVER GET THAT DRUNK AGAIN!
773137
I was in the exact same situation when I was 19.  I had a totally clean record and had taken about $27 worth of stuff from a grocery store.  I did not have a job and I didn't want my mom to find out.\n\nI went to court on the date I was supposed to appear and I used the public defender that they had.  I was fined $500 plus another $100 (?) in court fees and given one year to do 40 hours of community service.  I think I was placed on probation for a year.   \n\nThe weird part was that they had told me something about how if I completed the 40 hours of community service it would be wiped off my record (?) because it was my first offense (something like that).  They kept saying the words 'misdemeanor' and 'felony'.  I could have sworn that they told me that if I didn't do my community service that it would be bumped up to a felony.  I don't see how that could have been true.  The whole thing was such a blur because I was so scared.  I was sure they were going to send me to jail.  \n\nI had to borrow the money from my boyfriend and I paid the fine.  My mom never found out.  A year went by and I never did the community service (long story).  When I returned to court when the year was up, I told the judge that I didn't do the community service and he said 'OK' and that was it.  I left.  I have no clue what I ended up actually being charged with and I've never seen my record.
505924
Quit trying to weasel out of your responsibility. You screwed up and now you are going to pay for it. Man up and take your punishment.\n\nAs for the license plate lamp, keep in mind that you can have a loose wire that can knock your light on and off. I had that happen to my lights before. Sometimes it can be on for a while and then the wire moves and it's off. \n\nAs for not being 21, there are laws that prevent anyone under 21 from being in possession of alcohol while driving or transporting alcohol. The police can pull people over when they have reasonable suspicion that a vehicle code has been violated. For example, a police officer sees someone driving a car that doesn't look 16, he can pull them over.
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Sounds like you know pretty well about your predicament.  It appears, however, if you were under 21 at the time of the offense, you could apply for exp unction for 'minor possession offense.'  although I am not sure what the minor possession offense would apply to your offense.  See G.S. § 90-96\n\nWhat do you mean by the slim chance?  Appears you had a minor possession offense.  Could be you were over 21 then?  If I were you I would seek a legal advise from veteran defense attorneys. (he or she should be able to tell your chance)
839901
Sounds pretty serious and yes, he will be charged w/DUI the other people could sue his insurance and should as they may not be able to work for some time. \nDrinking and driving is so wrong when you can call someone or a cab to take you home. \nSorry to hear your friends are hurt since this is all preventable.
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Good lord I'm sorry you are going through this!  The authorities sound lame in your town...for shame on them!!\n\nI would suggest contacting the following in the largest city in your state because I'm sure they have the following organizations there:\n--abused women's service and other such orgs that help women in trouble( even if you haven't been abused yet) they can lead you in a good direction.  ask them about your legal rights and what to do if you are not being taken seriously.\n--teen and young adult groups that do the same\n--church services that can help with this(find a progressive not backwoods church..big city)  \n\n--civil right/liberties lawyers or free legal aid groups and ask them to advocate for you because you are not getting help for this. \n\nCan you talk to the chief of police?  speak honestly with them about how you are afraid for your life and that if something happened and nothing was done then it would not only be tragic but on the backs of the police departments lack of responsibility.  if they do nothing then in a sense they are enabling this creep to harass you.  \n\n--check out some copwatch groups.  groups that keep eyes on cops so they themselves are lawabiding and actually do the job they are supposed and not abuse the law.  again, civil liberty groups would know.  that way you can inform them of the lack of response by the cops so that if anything else happens you have proof and then more leverage. \n\nThere has got to be some source of support group or legal advice for something like this...what state do you live in??  try to answer back and I will look up some info for you?  this is serious and could get ugly if you don't have support.  \nJust watch your back and stay with people as often as you can so you are not vulnerable. If you don't have a roommate, get one!  Lights, dogs, security systems-whatever you need to feel safe in the meantime as you get help.   \n\n*last resort: Worse come to worse if no one takes you seriously after you try everything get some guy friends/brothers and well...have them pay him a visit some stormy night.  Nicely.  Capishe?\n\noh can you find out if he has a record or is on parole?  through the freedom of information act you can find this out.  if he does, he could be in some violation and you could anonymously report him or have him returned to wherever he crawled out from under..\n\nFor now, write back where you live and I can help you do research online.  I'm willing.  \npeace.\n\nHERE IS SOME INFO I FOUND FOR YOU: \nJUST CALL THEM AND TELL THEM YOUR SITUATION AND INSIST ON GETTING HELP.  TELL THEM YOU DON'T WANT TO END UP A STATISTIC.   \nhttp://www.aardvarc.org/dv/states/arkdv.shtml\nhttp://www.angelfire.com/me/Marshamellow/call.html\nhttp://www.usdoj.gov/ovw/\n\nTHESE SHOULD HELP FOR NOW.  JUST BE PROACTIVE, GET ON IT AND DON'T WAIT FOR OTHERS TO SAVE YOU.  WOMEN NEED TO LEARN TO SAVE THEMSELVES.  AND THAT'S OK.  REACH OUT BUT ALSO RELY UPON YOURSELF.  YOU COULD GET A CELL PHONE AND JUST SAVE YOUR GRANNIES PHONE FOR OUTGOING CALLS ONLY?? OR GET ANOTHER PRIVATE UNLISTED NUMBER AND AGAIN, LEAVE YOUR GRANNIES FOR OUTGOING ONLY.  HEY GOOD IDEA@!  TRY THAT.  \nMAKE SURE ALL YOUR LIGHTS AND LOCKS WORK WELL AROUND YOUR HOUSE AND LIKE THE OTHER GIRL SAID, GET A STUN GUN AND MAKE SURE YOU GET TRAINING ON IT.  DON'T WANT TO SHOCK YOURSELF! \nGOOD LUCK!!!
335960
The police will probably give you a "breathalizer" test to check if you have alcohol in your system. As you contend, you didn't actually drink, but was just holding an open beer can. You'll probably be ticketed and be asked to appear with your guardian before a Judge. This may just be a misdemeanor since you didn't actually drink but were just playing a prank.
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Ouch.  You're not gonna' like this: it's not seven years any more; it's ten.  So you're going to court on your third DUI, and that's going to be a little pricey.\n\nYou will probably do at least 120 days in jail (up to a full year) and have your license revoked.  There's a slim chance you'll only have to do thirty or more days, but I don't know how likely that is.  Your fine will range from a minimum of $390 to a maximum of $1,000.\n\nIf you get a fourth DUI within the ten years allowed, you're going to prison for at least a year.  \n\nNot to preach, but dude - you've got to quit drinking and driving before you kill someone.  I imagine the judge will tell you something along those lines when you're sentenced.
706642
When I was MUCH younger my boyfriend and I were messing in a parked car when all the sudden a bright light shined in the window. It was a police officer. He was nice enough to turn his back while we dressed. All the boyfriend could say is------but we didn't go all the way to the cop. I guess he was concerned because he was 25 and I was a minor. Then the cop asked for the registration for the car so I opened the glove box to get it and out fell an opened bottle of whiskey. The boyfriend got a ticket for parking in the park after hours and we both got a lecture/warning. The next day my father asked me how my evening was and wasn't his friend officer ***** a nice guy.    Handled with much difficulty then but think it's funny now. Nothing lasts forever.
221539
got drunk (exremely drunk) and got into a fight with another chick and got picked up by the police for underage drinking and while at the police station the only thing i would say(scream) was. . .*uck u, i hate the *ucking police, *uck u!!! Luckily when i sobered up the cop i had been arrested by said if i went to D&A counseling for 3 months he'd drop charges so i did!
614085
If you're asking for yourself, I'd say that's pathetic, you want to sue a bar because you got arrested for public intoxication? What did they do? Hold you down and pour tequila down your throat and make you turn into a jerk?\n\nI'd love to to sit on that jury...someday I hope you're able to practice some personal responsibility.
517206
HI MJ- Unfortunately, the law states that he can be charged, regardless of his state at the time. The only defense would be temporary insanity, but that has not worked in the past for people who were unaware of their actions due to too much alcohol or illegal drugs, so it would not likely be usable in this case either.  What may happen is that he could plead to a lesser charge due to impaired judgment brought on by a combination of a small amount of alcohol in conjunction with a legal benzodiazepene (I assume here that he had this as a prescription, and was not taking it illegally)- However, even that is iffy, because all people given BZDs are strongly warned about taking it with alcohol, and on the bottle itself there are strong warnings.  If he were using the drug illegally, then that pretty much shoots down all defenses.  But, in the end, just because he did not remember, or even know what he was doing, does not mean he will not be held legally accountable-he definitely will...how strongly will depend on his past record, the reason he was using the BZD, and the severity of the crime.  Get a good lawyer and try to plead a lesser charge based on reduced judgment due to ignorance of the drug interaction effect.  I just hope the BZD was a prescription for him.  Good luck, MJ
720243
I am glad no one is hurt.  The charges are serious.  But it is better to take care of it now versus later.  You might not be able to drive for sometime after this case.  You can request for a public defender since this case involves the possibility of jail time.
241651
Anyone who has woken me up in the morning after a night out drinking can testify on my behalf.