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-   -   my friend got DUI, is it serious? (https://gfy.com/showthread.php?t=787481)

xlogger 11-26-2007 12:31 PM

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? :Oh crap

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 (Post 13422907)
$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.

evildick 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 (Post 13422937)
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...

evildick 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 (Post 13422967)
Driving while on weed is just as serious as alcohol now dawg...did they administer a drug test at the hospital

road side...

evildick 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 (Post 13422927)
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 (Post 13422943)
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 (Post 13423180)
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 (Post 13423164)
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 :2 cents:

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 (Post 13424180)
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 (Post 13424424)
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 (Post 13422899)
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? :Oh crap

she is fucked


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