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post #1 of 18 (permalink) Old 05-15-2003, 11:22 AM Thread Starter
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Dui ??

OK, I need the straight and true dets:

My pa had a few beers 2 years ago and was sitting on his bike in his driveway and a cop drove by and gave him a DUI. Of course the DUI was kicked out because he was on private property but there has been some fallout.

Fallout:

1. My limited understanding of DUI law in this case is: You are guilty immediately upon the gift of the DUI by the police. You have an initial traffic court trial and they find you guilty and suspend your license for 3 months or something. Then you goto criminal court (my point is that its a different court and records are not always forwarded timely) and you get a chance to get off on techicalities such as under .08 or prvate property something like that.

My point is that the because you receive a 3 month initial suspension even if your case is dismissed or you are found innocent because of lack of evidence that the 3 month suspension is still on your record.

2. If you get another DUI within 5 years and even if the 1st one was dropped you may still have a suspension listed on you record from the 1st which may make the 2nd DUI a loss of 1 year.

Question:

1. Is my Dad BSing on the 1st DUI? He says it was dropped or hes was found innocent because the cop never performed a breathalizer test.

2. He also says that the 3 month suspension is still on his record from the 1st DUI but I just don't buy this. Anyone else seen a similar situation?

3. The 2nd DUI was because he was driving a guy home from DeKalb who was smoking reefer in the car. My dad says he was not but after he let the guy off in Sandwich,IL the cops followed him for 3 miles and eventually pulled him over and gave him a DUI.

How do they test for Pot?

4. My dad is pretty freaked out because now he cant even drive to work and claims that he will have to rent an appartment within walking distance to work. WTF?

5. Are DUI laws really this Freaked up? That even if the case is dropped or you are found innocent that the initial 3 month suspension is perminatly on your record?

6. Is it also true that they suspend your license without a trial?

7. Is it also true that you can not even drive to work if you have a DUI suspended license? WTF, do they want to create a criminal by keeping a person from a job they have held down for 15 years? WTF

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post #2 of 18 (permalink) Old 05-15-2003, 11:30 AM
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Just get a lawyer and as long as you have the money everything will be fine. Also my uncle got a DUI around 3 years ago. It cost him $2500 to fight it and get it expunged (sp?). It probably costs a lot more now.
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post #3 of 18 (permalink) Old 05-15-2003, 11:32 AM
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Tell your Dad to go to the Secretary of State's office and request a copy of the abstract of his driving record. See what's on there. At that point you will know if he needs to take any further action regarding expungment.

I'm not sure how the process works nowadays, but ten years ago, you got the ticket and could drive until your court date (the mandatory suspension did not take effect until you went in front of the judge). DUI cases were tried in traffic court, not criminal court. If you pled guilty and were given supervision, it was considered a "conviction" only until you satisfied the terms of your supervision. And while there is a process by which you can have certain things expunged (wiped off) your record, in some cases you cannot do so before a specified period of time has elapsed.

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post #4 of 18 (permalink) Old 05-15-2003, 11:40 AM Thread Starter
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One problem I have is that my dad is very cheap and might not have the right lawyer from the job. I think he claimed the last guy cost him $6G but he has been known to exaggerate a bit.

THe $2500 is what I've heard.

He can drive until his traffic court date but after that his license is suspended for 3 months. At least this is what he told me.

Maybe if you plea not guilty and you are found guilty then maybe you get slammed.

He keeps saying something about criminal court after the traffic court and saying that records were delayed or mixed up.

I told him to hire a Freaking wonder lawyer to get him outta this 2nd DUI and then go after that 1st suspension so that he is back on an even playing field.

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post #5 of 18 (permalink) Old 05-15-2003, 11:41 AM
 
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1. Theres two ways to get a suspended license from a DUI, either being found guilty in court or by the secretary of state. The SOS will suspend you if you fail or refuse the breathalizer.

2. basically yes, if you fail or rfuse a breathalizer the second time suspension's time is longer.

3. The only why to test for pot is by a piss test which you are not required to concent to. If they, cops, really want it they need a search warrent, which most judges will never authorize.

4. You can go to court and get a limited driving privilages, to and from work basically.

5. yes

6. yes

7. see #4

I know this because I used to be a man in blue about 2 years ago, but it was the most boring job i've ever had. The best thing you can do is hire a really good lawyer so it doesn't go on his criminal record. There is no way to clear the SOS driving record, which is what will make insurance rates go threw the roof
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post #6 of 18 (permalink) Old 05-15-2003, 11:48 AM
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He didn't blow. I thought if you don't blow you are automaticlly suspended for 6 months.

I just got done with mine,

I blew a 0.081

The cop gave me a DUI

Cost me 3500
post #7 of 18 (permalink) Old 05-15-2003, 11:51 AM Thread Starter
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I gotta say that I don't drink and drive and that I never drink and ride the bike. I'm all for suspending people's licenses that do drink and drive.

That being said, this Mother's Against Drunk Driving lobby is freaking nuts. In America you should have to be proven wrong before some kinda punishment is instituted.

I find it criminal that the government has the authority to prevent someone from working. Outrageous!

I'm glad I live in the city where I hardly ever drive and take the train to work. Hell, I can even walk to the bars.

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post #8 of 18 (permalink) Old 05-15-2003, 11:54 AM Thread Starter
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No the 1st DUI was given by the Sandwich police and they didn't have the DUI breathalizer so they couldn't even give him the test if they wanted to and that's why the case was dropped.

The 2nd DUI I don't know about but I assume he blew and passed and then they made him take the Piss Test because he claims that he has to wait until the test results come back from the lab before he'll know if he can get off or not.

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post #9 of 18 (permalink) Old 05-15-2003, 12:04 PM
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The lawyer should have handled all the paperwork during the initial DUI. If the DUI charge was dropped, the summary suspension should have been expunged, but the lawyer would have to file the papers.

Isn't Sandwich in DeKalb Co.? If so and you need to contact a laywer I can give you the name of probably the best DUI attorney around.

He can also get a work permit that allows driving to and from work only during certain hours.

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post #10 of 18 (permalink) Old 05-15-2003, 12:07 PM
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Quote:
Originally posted by Boxuin
1. Theres two ways to get a suspended license from a DUI, either being found guilty in court or by the secretary of state. The SOS will suspend you if you fail or refuse the breathalizer.
You get a summary suspension automatically if you do not get it thrown out. YOU DO NOT HAVE TO BE FOUND GUILTY TO GET A SUSPENSION!

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post #11 of 18 (permalink) Old 05-15-2003, 12:13 PM
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Re: Dui ??

Quote:
Originally posted by chibeemer

2. If you get another DUI within 5 years and even if the 1st one was dropped you may still have a suspension listed on you record from the 1st which may make the 2nd DUI a loss of 1 year.
That's old news. In Illinois you now get one for life. The 1st one never goes away unless you manage to get it expunged.

Dave
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post #12 of 18 (permalink) Old 05-15-2003, 12:14 PM
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Quote:
Originally posted by BusaDave
You get a summary suspension automatically if you do not get it thrown out. YOU DO NOT HAVE TO BE FOUND GUILTY TO GET A SUSPENSION!
Isnít it great that you can get off a murder rap even if you admitted to it if a cop messed on one little technicality up but the second you get a ticket forget any kind logical law or due process. It gives me that warm feeling all over.
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post #13 of 18 (permalink) Old 05-15-2003, 12:20 PM
 
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Just do the intelligent thing...WOT! Until the squad car becomes an insignificant speck in the mirror.

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post #14 of 18 (permalink) Old 05-15-2003, 12:42 PM
 
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I
Quote:
The only why to test for pot is by a piss test which you are not required to concent to. If they, cops, really want it they need a search warrent, which most judges will never authorize
I would like to disagree but very cautiously..... I have been told by cops that there is a field test for pot that involves the pen or flashlight test. When you are drunk they try to see your eyes in reaction to movement and reflexes but with pot, I thought that light shining in your eye makes the eye uncontrollably shake a little bit. They look for that to show that you are under the influence.
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post #15 of 18 (permalink) Old 05-15-2003, 01:51 PM
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Yeah, sounds to me that he needs a better lawyer.....

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post #16 of 18 (permalink) Old 05-15-2003, 02:25 PM
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That is the Astigmous Eye Gaze... if your level of intoxication is beyond a certain point, your eye will behave in a certain manner. Doesn't relate to any specific kind of intoxication tho.

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post #17 of 18 (permalink) Old 05-15-2003, 02:30 PM
 
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Quote:
Originally posted by Hawkeye
I

I would like to disagree but very cautiously..... I have been told by cops that there is a field test for pot that involves the pen or flashlight test. When you are drunk they try to see your eyes in reaction to movement and reflexes but with pot, I thought that light shining in your eye makes the eye uncontrollably shake a little bit. They look for that to show that you are under the influence.

doesn't that bind as "under the influence of an Illegal substance" just by checking if the pupils are dilated? they don't necessarly have to say it was pot or not....?
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post #18 of 18 (permalink) Old 05-15-2003, 07:35 PM
 
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Quote:
Originally posted by KBOlsen
That is the Astigmous Eye Gaze... if your level of intoxication is beyond a certain point, your eye will behave in a certain manner. Doesn't relate to any specific kind of intoxication tho.
exactly. the test is very accurate. But just because you fail the test doesn't mean youre going to get convicted. Like any other crime a DUI is the totality of the evidence. Not just one thing is going to get you convicted. If you fail all the field sobrity test and the blow a .08 or higher you made the cops case easy. the cop doesnt need to know what your intoxicated from, he just needs to prove you are intoxicated.
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