my friend got DUI, is it serious? - GoFuckYourself.com

xlogger · 11-26-2007, 12:31 PM

So here is the deal. She took someone to some weed. Cops pull her over and finds weed on her friend but charges her anyway with DUI, even though she passed the tests. Since she passed the tests she will get off in court right?

pr0 · 11-26-2007, 12:32 PM

$10,000 lawyer turns something serious, into just a 6 month license suspension

xlogger · 11-26-2007, 12:34 PM

Quote:

Originally Posted by pr0

$10,000 lawyer turns something serious, into just a 6 month license suspension

6 month license suspension? but she passed the tests though..

sicone · 11-26-2007, 12:34 PM

depends how good her lawyer is and the laws regarding weed and transportation in that area.

11-26-2007, 12:36 PM

DUI for weed? No alcohol involved?

If she passed the roadsite tests she has nothing to worry about, other than lawyers fees.

HorseShit · 11-26-2007, 12:36 PM

death penalty in your state

xlogger · 11-26-2007, 12:37 PM

Quote:

Originally Posted by evildick

DUI for weed? No alcohol involved?

If she passed the roadsite tests she has nothing to worry about, other than lawyers fees.

Im not sure, DUI, DWI or something like that.

»Rob Content« · 11-26-2007, 12:37 PM

Maybe she should stop hanging out with people who steal content..

pr0 · 11-26-2007, 12:39 PM

Driving while on weed is just as serious as alcohol now dawg...did they administer a drug test at the hospital?

If not then shes getting out of this totally...

11-26-2007, 12:40 PM

Here's a page that talks about it. Not sure that I would trust a lawyer who uses geocities, but it does state the following:

1. In order to prove beyond a reasonable doubt that defendant was driving while intoxicated by marijuana, the state must show (1) that marijuana was present in the defendant's system while he was driving; and (2) that the marijuana resulted in a substantial deterioration or diminution of the defendant's mental faculties or physical capabilities as to make it improper for him to drive. In other words, the state must prove that marijuana was the proximate cause of defendant's behavior.

2. The state can prove DWI by marijuana - or any other CDS - by presenting expert testimony that a defendant is "under the influence" of a drug or narcotic "from the subject's conduct, physical and mental condition and the symptoms displayed." Even a nonexpert witness, such as a police officer who has had the "specific schooling and training in the field of narcotics ... if sufficiently experienced and trained may testify generally as to the observable reaction of drug users."

3. Marijuana intoxication is not a matter of common knowledge such that an inference of intoxication may be drawn solely from a lay witness's testimony respecting defendant's behavior.

http://www.geocities.com/kenvnjlaw/MarijuanaDWI.html

If they administered roadside tests and she passed, I don't understand why she was charged.

xlogger · 11-26-2007, 12:43 PM

Quote:

Originally Posted by pr0

Driving while on weed is just as serious as alcohol now dawg...did they administer a drug test at the hospital

road side...

11-26-2007, 12:49 PM

Here are the penalties in NY.

LINK

Certainly not as bad as in Ontario. At least they don't make you use one of those breathalyzer ignition locks yet.

halfpint · 11-26-2007, 12:51 PM

Hehe now if you were over here in the UK you would have just got a caution (good telling off) and be told to be on your way...if you passed the breathelizer and drug tests

D · 11-26-2007, 12:54 PM

Depends on the state she got pulled over in.

As much as the Fed tries to impose its will on these issues, it's a state matter.

xroach · 11-26-2007, 01:07 PM

4k turned a criminal record, a year driving suspension and a 600 dollar fine into just a 600 fine for me. lawyers make magic happen

baddog · 11-26-2007, 01:08 PM

Quote:

Originally Posted by xlogger

6 month license suspension? but she passed the tests though..

You don't have to be over the legal limit to be charged with being under the influence.

baddog · 11-26-2007, 01:10 PM

Quote:

Originally Posted by xlogger

Im not sure, DUI, DWI or something like that.

There is a difference.

lazycash · 11-26-2007, 01:19 PM

Driving under the influence of drugs or alcohol?

'So Fucking Money · 11-26-2007, 01:21 PM

Was she drinking? Or was she just high? They can test her for booze but I dont think they can test for if you're high other than the physical tests. She can hire a lawyer and it will cost a shit load.

If she was drinking and past the tests then she will get off of that if she pleads not guilty.

DUI is 4 months suspension in California 3 yrs probation automatically. traffic classes + AA or NA meetings depending on the DA

Odie · 11-26-2007, 01:34 PM

I'd be worried about what happens after that if it sticks..getting a job that involves any driving is impossible after something like that.

I have a friend who is fighting the same charge right now and he's a pharm sales rep who may lose his job over it

V_RocKs · 11-26-2007, 02:21 PM

Lawyer...

Scootermuze · 11-26-2007, 03:43 PM

Quote:

Originally Posted by baddog

There is a difference.

I don't think they even use 'dwi' anymore in that 'dui' covers all bases..

GregE · 11-26-2007, 03:54 PM

Quote:

Originally Posted by baddog

You don't have to be over the legal limit to be charged with being under the influence.

This is true, but you do have to be over the legal limit to be convicted. Providing of course that your lawyer can walk and chew gum at the same time.

I'm guessing between 3 to 4G in legal fees and the girl will walk

sara production manager · 11-26-2007, 03:55 PM

that sucks tell her good luck

baddog · 11-26-2007, 03:56 PM

Quote:

Originally Posted by GregE

This is true, but you do have to be over the legal limit to be convicted.

Incorrect.

GAMEFINEST · 11-26-2007, 04:27 PM

Get a good lawyer...i would

WiredGuy · 11-26-2007, 04:43 PM

Sounds like the person will get off but they'll need to bite the lawyer fees.
WG

iSMOKE · 11-26-2007, 04:46 PM

Did she get charged with possession too?

baddog · 11-26-2007, 04:46 PM

Quote:

Originally Posted by WiredGuy

Sounds like the person will get off but they'll need to bite the lawyer fees.
WG

precisely

reaching_into_the_muck · 11-26-2007, 05:14 PM

Quote:

Originally Posted by xlogger

So here is the deal. She took someone to some weed. Cops pull her over and finds weed on her friend but charges her anyway with DUI, even though she passed the tests. Since she passed the tests she will get off in court right?

she is fucked

11-26-2007, 12:31 PM	#1
xlogger Confirmed User Join Date: Jul 2004 Location: NY Posts: 9,507	my friend got DUI, is it serious? So here is the deal. She took someone to some weed. Cops pull her over and finds weed on her friend but charges her anyway with DUI, even though she passed the tests. Since she passed the tests she will get off in court right? __________________ ---------- XLOGGER [REFLECTED] [OH]

11-26-2007, 12:32 PM	#2
pr0 rockin tha trailerpark Industry Role: Join Date: May 2001 Location: ~Coastal~ Posts: 23,088	$10,000 lawyer turns something serious, into just a 6 month license suspension __________________ __________ Loadedca$h - get sum! - Revengebucks - mmm rebills! - webair (gotz sErVrz)

11-26-2007, 12:34 PM	#4
sicone Retired Industry Role: Join Date: Jan 2004 Location: Sac Posts: 18,453	depends how good her lawyer is and the laws regarding weed and transportation in that area. __________________

11-26-2007, 12:37 PM	#8
»Rob Content« Confirmed User Join Date: Dec 2006 Posts: 4,348	Maybe she should stop hanging out with people who steal content.. __________________ 80% Revshare or 30$ PPS on $1 trials: 200 Niches = Vidz.com Galleries / FLVs / Embeds 3 & 5mins FLVs \| RSS & Tube Feeds \| Matching Thumbs \| FLV Browser & Exporter \| No Prechecked Xsales >> Mobile Redirection Script: mobile.vidz.com also paying 80% net Lifetime << ICQ: 198-394-557 ICQ - 436 795 438 E-mail rob /@/ cool-content dotcom

11-26-2007, 12:39 PM	#9
pr0 rockin tha trailerpark Industry Role: Join Date: May 2001 Location: ~Coastal~ Posts: 23,088	Driving while on weed is just as serious as alcohol now dawg...did they administer a drug test at the hospital? If not then shes getting out of this totally... __________________ __________ Loadedca$h - get sum! - Revengebucks - mmm rebills! - webair (gotz sErVrz)

11-26-2007, 12:36 PM	#5
evildick Guest Posts: n/a	DUI for weed? No alcohol involved? If she passed the roadsite tests she has nothing to worry about, other than lawyers fees.

11-26-2007, 12:36 PM	#6
HorseShit Too lazy to set a custom title Join Date: Dec 2004 Posts: 17,513	death penalty in your state

11-26-2007, 12:40 PM	#10
evildick Guest Posts: n/a	Here's a page that talks about it. Not sure that I would trust a lawyer who uses geocities, but it does state the following: 1. In order to prove beyond a reasonable doubt that defendant was driving while intoxicated by marijuana, the state must show (1) that marijuana was present in the defendant's system while he was driving; and (2) that the marijuana resulted in a substantial deterioration or diminution of the defendant's mental faculties or physical capabilities as to make it improper for him to drive. In other words, the state must prove that marijuana was the proximate cause of defendant's behavior. 2. The state can prove DWI by marijuana - or any other CDS - by presenting expert testimony that a defendant is "under the influence" of a drug or narcotic "from the subject's conduct, physical and mental condition and the symptoms displayed." Even a nonexpert witness, such as a police officer who has had the "specific schooling and training in the field of narcotics ... if sufficiently experienced and trained may testify generally as to the observable reaction of drug users." 3. Marijuana intoxication is not a matter of common knowledge such that an inference of intoxication may be drawn solely from a lay witness's testimony respecting defendant's behavior. http://www.geocities.com/kenvnjlaw/MarijuanaDWI.html If they administered roadside tests and she passed, I don't understand why she was charged. Last edited by evildick; 11-26-2007 at 12:42 PM..

11-26-2007, 12:49 PM	#12
evildick Guest Posts: n/a	Here are the penalties in NY. LINK Certainly not as bad as in Ontario. At least they don't make you use one of those breathalyzer ignition locks yet.

11-26-2007, 12:51 PM	#13
halfpint GFY's Halfpint Industry Role: Join Date: Jun 2007 Location: UK Posts: 15,223	Hehe now if you were over here in the UK you would have just got a caution (good telling off) and be told to be on your way...if you passed the breathelizer and drug tests __________________ Get FREE website listings on Cryptocoinshops.net

11-26-2007, 12:54 PM	#14
D Confirmed User Join Date: Jan 2006 Location: The Valley Posts: 7,412	Depends on the state she got pulled over in. As much as the Fed tries to impose its will on these issues, it's a state matter. __________________ -D. ICQ: 202-96-31

11-26-2007, 01:07 PM	#15
xroach Confirmed User Join Date: Feb 2002 Location: vancouver, bc Posts: 963	4k turned a criminal record, a year driving suspension and a 600 dollar fine into just a 600 fine for me. lawyers make magic happen

11-26-2007, 01:19 PM	#18
lazycash Troll Patrol Industry Role: Join Date: Aug 2002 Location: Local Socal Posts: 15,214	Driving under the influence of drugs or alcohol?

11-26-2007, 01:21 PM	#19
'So Fucking Money Confirmed User Industry Role: Join Date: Aug 2004 Location: Orange County, CA Posts: 694	Was she drinking? Or was she just high? They can test her for booze but I dont think they can test for if you're high other than the physical tests. She can hire a lawyer and it will cost a shit load. If she was drinking and past the tests then she will get off of that if she pleads not guilty. DUI is 4 months suspension in California 3 yrs probation automatically. traffic classes + AA or NA meetings depending on the DA __________________ The Print Foundry Co. - Design & Print Shop - ICQ: 371115529

11-26-2007, 01:34 PM	#20
Odie Confirmed User Join Date: Apr 2003 Location: The WATER BABY! Posts: 7,040	I'd be worried about what happens after that if it sticks..getting a job that involves any driving is impossible after something like that. I have a friend who is fighting the same charge right now and he's a pharm sales rep who may lose his job over it __________________ Odie [email protected] Are you Mobile???? MMACanada ICQ # 166208354 See Who I Am At AdultWhosWho.com!

11-26-2007, 02:21 PM	#21
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,421	Lawyer...

11-26-2007, 03:55 PM	#24
sara production manager So Fucking Banned Join Date: Nov 2007 Location: chatsworth ca Posts: 87	that sucks tell her good luck

11-26-2007, 04:27 PM	#26
GAMEFINEST Make STACK$ Industry Role: Join Date: Nov 2006 Location: sexy time Posts: 14,439	Get a good lawyer...i would __________________ Compound interest.

11-26-2007, 04:43 PM	#27
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,486	Sounds like the person will get off but they'll need to bite the lawyer fees. WG __________________ I play with Google.

11-26-2007, 04:46 PM	#28
iSMOKE Confirmed User Join Date: Jul 2007 Posts: 1,028	Did she get charged with possession too? __________________