Need your Input - DUI Crash Question

[C-2]

So a close relative of mine ran her E63 thru a brick wall, extreme (as in .35) DUI. She has an otherwise spotless driving record. No injuries except to herself, the car and the wall.

Of course, her husband wants to spend whatever it takes to fight the case or get it thrown out.

To me, it seems like she’ll only get a slap on the wrist. No need to spend 100K beating this thing down. Fines, lotsa alcohol classes and maybe some community service, but no jail time.

I have no experience in the DUI arena.

What are your thoughts on a first time DUI conviction with an accident?

No formal charges filed, yet.

 

[Nord]

So a close relative of mine ran her E63 thru a brick wall, extreme (as in .35) DUI. She has an otherwise spotless driving record. No injuries except to herself, the car and the wall.

Of course, her husband wants to spend whatever it takes to fight the case or get it thrown out.

To me, it seems like she’ll only get a slap on the wrist. No need to spend 100K beating this thing down. Fines, lotsa alcohol classes and maybe some community service, but no jail time.

I have no experience in the DUI arena.

What are your thoughts on a first time DUI conviction with an accident?

No formal charges filed, yet.

If she only damaged property and didn't harm anyone else, she will be charged with extreme DUI and will have to pay the fines, court fees, attorney fees and do the classes and maybe some public service. No jail time for a first time offense. Her insurance will drop her and she will have to pay inflated rates.

 

[Nord]

Sorry, I just breezed through your post and realized I echoed what you said. As for my thoughts, I think the money spent alone is a huge punishment and I think if she has common sense, she won't get a second offense.

 

[Luckie Stiff]

In her situation, an attorney is pretty much a waste of money. She was DUI, case closed.

 

[C-2]

How bad is the Benz?

Since I spoke with her on the phone, i figured she was alright.

So that was my question too.....How's the car? That's when I started to cry :cry:

 

[Mohave Vice]

What county? Call me!

 

[saucedaddy]

I am assuming this happened in California? If so after.15 its called enhanced dui. This means its one step below felony (but still misdeamenor). The problem your friend is facing is dui+accident+3x limit (a little different then a .09 dui, in the eyes of the court). Heres what she needs to think about as far as hiring a attorney and yes starting rate will be around $15000 just for the lawyer. With Enhanced dui there is a good chance the judge would double any regular dui sentence. 2x dui school, 2x fines, 2x probation etc. Now comes the bad part DMV.. These pricks love taking the License and with the enhancement they may straight up yank it for a yr. A attorney will first try to get your friend off (slim but O.J slid) and they will also plea it down, drop the enhancement, and try like a mofo to get around the DMV. But it all hinges on how much cash she wants to trow at it. Good Luck glad no one was hurt.

 

[Riverbound]

First time DUI is pretty much pointless to hire an attorney. She WILL lose her license for a year and will accrue quite a bit in fines, classes etc.. I think 1st timers that hire a lawyer, actually get it worse in court trying to "fight" it. Save the lawyer for her second one.

 

[Yellowboat]

The only way I can see a lawyer helping is if they can show that they screwed up the BAC tests and the .35 was wrong some way.

otherwise, BOHIC

 

[havasu5150]

If this is in AZ.....and a 3.5, Jail time.

 

[WTRR]

Don't know about Kali, but around here if she blew...she's through. Don't waste money on an attorney. If she blew a .35, they'll probably throw the library at her, first offence or not.

 

[C-2]

Yes, it's Cali.

She says only 2 beers and two shots over lunch, but she weighs about 115. Yes, she is a regular drinker. They pulled blood on her, she was ambulanced out. She thinks the blood alcohol level is a mistake since that is fatal BAC; I'm not so sure since she drinks regularly.

No recollection of the accident, said she thought the car's brake system threw a red code shortly before they crash, they are waiting for the "black box" from the car. The electronics on that car are amazing, as is the brake system.

They have a pretty good attorney, he got the hubby's case reduced down to nothing after he crashed their Ferrari DUI. But money is a lot tighter these days.

I'm with you guys; take your lumps and move on. We know more women with drinking problems than men. I wish she would just give it up, I did about 5 years ago and life goes on as normal.

Any other first-hand experiences or thoughts to share?

 

[snake321]

I've had more dwi's than anyone here, bet money on it.

The key here is that there's no defense, they have the blood. The only thing left is the suspension time. Don't know how it is in Calif,. but the minute M.V. starts her suspension, she has got to be pleading guilty in court to get both suspensions running together. If M.V. starts a suspension and your still in court, you're wasting time,just prolonging your suspension time.
My expert advice is - cut a good deal, tell them right off you want to get it over,do it fast,suck it up.
Miracle wins in these cases are getting farther and farther apart. MADD monitors DUI convictions to see what courts are going light on offenders.

 

[SuperDave013]

I asked my buddies dad what to do when I got a DUI. This is what I was told.

"Boy, once you start the organ grinder, the monkey will dance until the song is over." lol
I've done the dance, snake has done a bunch of dancing and now this girl will dance.

I'm with you C2, I seem to know more chicks with drinking problems then men by far.

 

[linus3]

Im sure it was not a mistake regarding the BAC. That level is very high but not fatal in most cases. Two beers, two shots, come on. Im thinking a little more than that. Over a lunch hour????? She would still be (BAC) on the rise after that short of a period of time. You also need to read your Ins. policy. A short time ago, Ins co. were putting in the small print regarding DUI accidents that they are not responsible for property damage caused by DUI accident. Hope it was a small wall. Like the other guy said, Take your lumps and move on. Im just glad no one was hurt.

 

[Yellowboat]

lets think about this for a second.

you said she is 115 lbs. a gallon of ethanol wieghts 6.59 lbs 128 oz in a gallon. 4 drinks thats about 3 oz of ethanol.

so 3/ 128= .154 lbs of ethonal

so now the question does

.154/ 115= .35x100%


no it does not its .134% BAC would be what it is if that was correct.

So if the BAC of .35% is correct then she had atleast 8-12 drinks not 4.

 

[linus3]

lets think about this for a second.

you said she is 115 lbs. a gallon of ethanol wieghts 6.59 lbs 128 oz in a gallon. 4 drinks thats about 3 oz of ethanol.

so 3/ 128= .154 lbs of ethonal

so now the question does

.154/ 115= .35x100%


no it does not its .134% BAC would be what it is if that was correct.

So if the BAC of .35% is correct then she had atleast 8-12 drinks not 4.

NICE BREAK DOWN....... Ohhh, I forgot to mention the bill she is going to receive from the City/ County for services. A total bill for every fireman, cop, ambulance and city worker that was involved. $$$$$$$$$$$

I used to love drawing up that bill. $$$$$$$

 

[Cole Trickle]

She will be convicted of extreme dui based on the blood draw and accident.

Hopefully they don't take her injuries into account when it hits court. On her first offense she will be hit with all sorts of fines and probably a 2-12 month mandatory suspension. After she has completed the classes and the suspension time has elapsed she can get her restricted lic. back with a SR-22 filing. (restricted means you can drive to work,school,church and the store.....)

If she blew a .09 and they have lots of cash to gamble with I would say fight it. (you could get it down to a wet reckless and it only follows you for 3 years vs. 10 for a DUI.)

 

[C-2]

l
So if the BAC of .35% is correct then she had atleast 8-12 drinks not 4.

That's why her husband is all ape shiat.

It was a late lunch for 1.5 hours, the accident occurred before 5:00 p.m. and she was on her way home to pull up a RE listing for a client. I believe her, her husbandd left separately to return to work at his business.

Last year my brother in-law got pulled in by the HB PD for DUI. They did blood on him and it came back 0.00. By his own admission he was pretty buzzed, but obviously got off.

Still don't know if it's worth wrangling about in court though.

 

[snake321]

Still don't know if it's worth wrangling about in court though.

No, it's not a winner. The BAC is the BAC and it's over. Pay the fine,go to school,do it fast and get the suspension over.
I took a year suspension for refusal, fought the dui for a year and a half and lost,got the court suspension and did another year. 2 1/2 years of suspension when I could have done a year if I took a deal right up front.

 

[C-2]

No, it's not a winner. The BAC is the BAC and it's over. .

That's what I'm thinking. 0.00 on my brother in-law and they couldn't do shiat.....under the same theory blood does not lie.

 

[linus3]

She will be convicted of extreme dui based on the blood draw and accident.

Hopefully they don't take her injuries into account when it hits court. On her first offense she will be hit with all sorts of fines and probably a 2-12 month mandatory suspension. After she has completed the classes and the suspension time has elapsed she can get her restricted lic. back with a SR-22 filing. (restricted means you can drive to work,school,church and the store.....)

If she blew a .09 and they have lots of cash to gamble with I would say fight it. (you could get it down to a wet reckless and it only follows you for 3 years vs. 10 for a DUI.)

Dont hold me to it, but I belive in Cali. the "wet reckless" is a thing of the past.

 

[Ultracrazy]

Dont hold me to it, but I belive in Cali. the "wet reckless" is a thing of the past.

You are correct.

 

[DannyH]

NICE BREAK DOWN....... Ohhh, I forgot to mention the bill she is going to receive from the City/ County for services. A total bill for every fireman, cop, ambulance and city worker that was involved. $$$$$$$$$$$

I used to love drawing up that bill. $$$$$$$

Aren't all the taxes we pay supposed to cover those expenses?

I'll be honest with ya. If I got a bill like that I'd send a bankruptcy attorneys card and a nice letter saying kiss my ass on it to the city that sent it out.

Husband had a ferrari.. Wife drives an E63. I'll bet these folks pay more in taxes each year then the average American family makes in 5.

If we're going to start billing people for a small car accident we should start billing people for all social services rendered to them. This kind of stuff pisses me off.

 

[RiverDave]

In her situation, an attorney is pretty much a waste of money. She was DUI, case closed.

I don't agree with that at all.

Yes, it's Cali.

She says only 2 beers and two shots over lunch, but she weighs about 115. Yes, she is a regular drinker. They pulled blood on her, she was ambulanced out. She thinks the blood alcohol level is a mistake since that is fatal BAC; I'm not so sure since she drinks regularly.

No recollection of the accident, said she thought the car's brake system threw a red code shortly before they crash, they are waiting for the "black box" from the car. The electronics on that car are amazing, as is the brake system.

They have a pretty good attorney, he got the hubby's case reduced down to nothing after he crashed their Ferrari DUI. But money is a lot tighter these days.

I'm with you guys; take your lumps and move on. We know more women with drinking problems than men. I wish she would just give it up, I did about 5 years ago and life goes on as normal.

Any other first-hand experiences or thoughts to share?

What this all boils down too C-2, is EXACTLY what she told the cops while in custody, and exactly how long she was sitting there in the vehicle before they showed up on scene etc..

I've had more dwi's than anyone here, bet money on it.

The key here is that there's no defense, they have the blood. The only thing left is the suspension time. Don't know how it is in Calif,. but the minute M.V. starts her suspension, she has got to be pleading guilty in court to get both suspensions running together. If M.V. starts a suspension and your still in court, you're wasting time,just prolonging your suspension time.
My expert advice is - cut a good deal, tell them right off you want to get it over,do it fast,suck it up.
Miracle wins in these cases are getting farther and farther apart. MADD monitors DUI convictions to see what courts are going light on offenders.

It depends on the circumstances of the accident. What if the restaraunt was 2 blocks away, and she crashed the car and was sitting in it for an hour before the cops showed up and pulled blood?

If she chugged the 2 beers, and fired the 2 shots right before leaving, then the alcohol is "on the rise" and it can be "debated" in court that she was not "DUI" during the time of driving. doesn't matter if she would've been 10 minutes later, 20 minutes later etc.. Only at the exact moment of the incident etc.

What if the chain of custody on the blood wasn't kept 100% (which this happens a lot more then you think), now they can't prove the blood is even hers?


depending on the circumstances, and depending on what she told the cops, ambulance, etc.. I'd call a certain lawyer out of orange county nick named "The DUI Top Gun." and get the check book out.

lets think about this for a second.

you said she is 115 lbs. a gallon of ethanol wieghts 6.59 lbs 128 oz in a gallon. 4 drinks thats about 3 oz of ethanol.

so 3/ 128= .154 lbs of ethonal

so now the question does

.154/ 115= .35x100%


no it does not its .134% BAC would be what it is if that was correct.

So if the BAC of .35% is correct then she had atleast 8-12 drinks not 4.

The BAC system works off a parts per million deal in the blood according to boatcop? I dunno anything about it, but I don't believe it works like your laying out here.

If she blew a .09 and they have lots of cash to gamble with I would say fight it. (you could get it down to a wet reckless and it only follows you for 3 years vs. 10 for a DUI.)

There's no "10 years" anymore.. In CA, if you get a DUI it stays on your record permanently now. If you get a 2nd DUI 20 years from now, they count is as a 2nd DUI like you had one yesterday.

That's what I'm thinking. 0.00 on my brother in-law and they couldn't do shiat.....under the same theory blood does not lie.

It does if it's not your blood. I.E. In the case of your brother (being buzzed, and coming back .000) I'd wager someone else got screwed on his blood. LOL

RD

 

[snake321]

there's no reasonably doubt as to whether 2 beers and 2 shots puts you over the limit.
The figures may be high but there's no mistaking the fact that the limit is low.
Blood percentage is the most accurate and I wouldn't waste time arguing it. The breathalizer- intoxilizer 5000AE is 90 something percent accurate, but arguable as to who makes those assessments.

 

[PVHCA]

RD don't fool yourself in thinking that the C.O.C. with the blood gets fouled up more than we think, I've been in the med. lab. bus and know exactly how critical these samples are and the care that needs to be shown with each tube. Every hand that touches the sample signs off on legal court papers, noone is gonna risk their job fouling the C.O.C. up, can it happen absolutely but not as common as you think.

As far as getting an attorney goes, IMO it depends on the attorney and who he knows, whether it be the judge, arresting officer, or the DMV Rep. There are alot of factors that can make the case better, especially in this case with the extreme B.A.C. level, property damage, etc. I would definatley hire an attorney.

My friend got a D.U.I. last Sep. 08 in his Rhino in Needles, blew a .24 if memory serves me correct, his fine was reduced almost in half, had to do the classes but never lost his license, attorney representing him did a beter job than the DMV rep and he was allowed to keep his license with no restrictions.

 

[snake321]

RD don't fool yourself in thinking that the C.O.C. with the blood gets fouled up more than we think, I've been in the med. lab. bus and know exactly how critical these samples are and the care that needs to be shown with each tube. Every hand that touches the sample signs off on legal court papers, noone is gonna risk their job fouling the C.O.C. up, can it happen absolutely but not as common as you think.

As far as getting an attorney goes, IMO it depends on the attorney and who he knows, whether it be the judge, arresting officer, or the DMV Rep. There are alot of factors that can make the case better, especially in this case with the extreme B.A.C. level, property damage, etc. I would definatley hire an attorney.

My friend got a D.U.I. last Sep. 08 in his Rhino in Needles, blew a .24 if memory serves me correct, his fine was reduced almost in half, had to do the classes but never lost his license, attorney representing him did a beter job than the DMV rep and he was allowed to keep his license with no restrictions.

see, there's the deal.Help the prosecutor clear his caseload. Tell them - yep, let's do this thing today

 

[Bri'sV210]

As far as getting an attorney goes, IMO it depends on the attorney and who he knows, whether it be the judge, arresting officer, or the DMV Rep. There are alot of factors that can make the case better, especially in this case with the extreme B.A.C. level, property damage, etc. I would definatley hire an attorney.

Trust me this goes a long way and even further if the attorney happens to be friends with the DA.....and as Snake has said....she's guilty so cut a deal and move on.

I have a friend who is a DA here locally and handles the prosection of DUI cases and trust me she would rather cut a deal and move on to the next one. Her case load for DUI's is beyond full......

 

[PVHCA]

Trust me this goes a long way and even further if the attorney happens to be friends with the DA.....and as Snake has said....she's guilty so cut a deal and move on.

I have a friend who is a DA here locally and handles the prosection of DUI cases and trust me she would rather cut a deal and move on to the next one. Her case load for DUI's is beyond full......

That's what I stated, their attorney may know the judge, DMV Rep. etc. Not sure what you mean by your response.

 

[Bri'sV210]

I was agreeing with you thats all......

 

[PVHCA]

I was agreeing with you thats all......

Oh!! That's why I ask questions.

 

[snake321]

come onnn, sober up guys...:champagne:

 

[Classic Daycruiser]

For those of you who drive above .08 in Arizona. Here is how Arizona is handling it.

http://www.stopduiaz.com/stopsites/stopduiaz.com/cases/misdemeanors2.html?city=scottsdale

Seems really harsh, but here it is.:swear

 

[paradise]

For those of you who drive above .08 in Arizona. Here is how Arizona is handling it.

http://www.stopduiaz.com/stopsites/stopduiaz.com/cases/misdemeanors2.html?city=scottsdale

Seems really harsh, but here it is.:swear

Wierd, one guy in there was .071 and got 3 motnhs plus 2 months probation...
________
Kawasaki Zg1200A

 

[linus3]

Aren't all the taxes we pay supposed to cover those expenses?

I'll be honest with ya. If I got a bill like that I'd send a bankruptcy attorneys card and a nice letter saying kiss my ass on it to the city that sent it out.

Husband had a ferrari.. Wife drives an E63. I'll bet these folks pay more in taxes each year then the average American family makes in 5.

If we're going to start billing people for a small car accident we should start billing people for all social services rendered to them. This kind of stuff pisses me off.

To clear it up a bit. Its not for all traffic collisions or other calls for service. Back in the day it was only for D.U.I. traffic collisions.