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If she failed a field spbriety test and then also failed a breath test there is no judge in the world who will ignore it and simply find her guilty of reckless driving.
Judges and prosecuters will generally dismiss the lesser tickets (reckless driving and failure to maintain lane) and then find guilty of DUI.
I don't mean to sound harsh here, but if she was over the limit then she should be found guilty. The excuse that it was in a nice town after a few glasses of wine means nothing. She was just as capable of killing someone after a few glasses of wine at a nice restaurant as someone in Newark is after a few beers.
It kills me when people do not want to take responsibility for their own actions and try and squirm their way out of things. She is lucky that she didn't hurt herself or anyone else. DUI is not something to be taken lightly...it is a serious offense which in most states is also a criminal offense not simply a driving offense. NJ is only 1 of 3 states that do not prosecute criminally.
Quote:
Originally Posted by johnfrisco
Okay thanks for your advice and everyone else. Hopefully she'll just get a a reckless driving charge, but who know.
If she failed a field spbriety test and then also failed a breath test there is no judge in the world who will ignore it and simply find her guilty of reckless driving.
Judges and prosecuters will generally dismiss the lesser tickets (reckless driving and failure to maintain lane) and then find guilty of DUI.
I don't mean to sound harsh here, but if she was over the limit then she should be found guilty. The excuse that it was in a nice town after a few glasses of wine means nothing. She was just as capable of killing someone after a few glasses of wine at a nice restaurant as someone in Newark is after a few beers.
It kills me when people do not want to take responsibility for their own actions and try and squirm their way out of things. She is lucky that she didn't hurt herself or anyone else. DUI is not something to be taken lightly...it is a serious offense which in most states is also a criminal offense not simply a driving offense. NJ is only 1 of 3 states that do not prosecute criminally.
Not to mention that this is definitely not the first time she drove this way, only the first time she got caught. Getting arrested is the BEST thing that happened to her. Maybe she will be shocked into never letting this happen again.
Great point. The way people try to make excuses and get out of things really irks me.
Quote:
Originally Posted by Marc Paolella
Not to mention that this is definitely not the first time she drove this way, only the first time she got caught. Getting arrested is the BEST thing that happened to her. Maybe she will be shocked into never letting this happen again.
The only thing most DUI lawyers do is try to get any other offenses dropped and try to get jail time waived for first time offenders.
The NJ courts are pretty harsh when it comes to DUI's (as they should be) and unless you can PROVE that the breath test given was somehow faulty (good luck since that went to the NJ supreme court a few years back and they were deemed accurate) then you have a better shot of growing a 2nd head then of getting off.
Here is an idea...you get caught driving drunk, try taking responsibility for being completely irresponsible and jeopradizing not only yourself but everyone around you also.
Why is it so hard for people to not have a drink while out if they know they are driving. At 33 years old, there is not a time that I am out with friends where we do not have a designated driver....NEVER.
Quote:
Originally Posted by eastwestman
Even if it meant going in to debt, I'd find a top notch DUI lawyer and fight it tooth and nail.
She has to get the police report to find her blood/alcohol level
She should have been offered a sheet with the BAC percentage on it. Incarceration for a first offense short of an involved mva with an injury is not going to happen.
1974 - DWI-Caldwell ,NJ
250 $ Fine
Loss OF DL for 60 days
No Lawyer
-----
Dont get me wrong. A change was needed. MADD probaby fought the most for this much needed change > the state and the country was ready and it was overdue-
I was a kid then. The cops possibly saved a trajedy from happing that night-
Honestly, I probably was over the limit 2 or 3 times since then( over 25 yrs)- - but if I drink these days its usually in my living room>>> if I happen to be out - I call my kid or take a cab- -
Her blood alcholol level was 0.16%. Remember 1st offense.
So, in other words, she was at twice the legal limit for blood alcohol.
With that amount of alcohol in her system, I refuse to believe that she was not feeling the effects of those drinks, and thus, it was extremely irresponsible of her to get behind the wheel of her car.
Even though it was her first offense, would anyone that she happened to kill with her car have been any less dead just because it was her first offense?
Last edited by Retriever; 09-20-2011 at 07:31 AM..
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