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DUII and court appearance questions

swimmermom3

By swimmermom3,
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swimmermom3

swimmermom3

Posted
Posted (edited)

Yes, you read that right and please, please, do not quote. I will be removing the information, but I need a place to start in resolving this issue.

 

Our ds, who is of legal drinking age, went out last night to a movie with friends, had two beers afterwards, went to McDonald's on the way home, and then felt violently ill.  He stopped in a church parking lot a couple blocks from our home and threw up.  Someone called the police and reported suspicious behavior. The car had been parked for a while and the officer did not see him drive it.  They administered a balance and coordination test, which he failed. They administered the alcohol analyzer, which he passed - well below legal limit.  The officer felt that the two results were very conflicting, but did ask about medications. Ds does take Zoloft.  (Yes, we will be having the BIG discussion about all of this.)

 

They loaded him into the back of the police car and took him to the county jail where the medical examiner gave him another balance and coordination test, which he passed. The ME was insistent that ds was smoking pot. DS gave them a urine sample. They released him, but didn't tell him the results of any tests. Ds has worked for federal government for two years and is subject to random drug screening. Ds has been looking for a new living situation, but always passes on the 420 friendly houses, so I am fairly confident this was not the issue. 

 

Why the court date? Is he charged or isn't he charged? Do we need a lawyer?

Edited by swimmermom3
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Joules

Joules

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If he has a court date, it is likely that he is charged with something, though I would guess it is a traffic violation and not a crime.  If his job might be at risk, I would go ahead and get a lawyer.  I would think it would be worth whatever it costs.  And, if he really wasn't using, it sounds like food poisoning or a stomach flu.  I couldn't pass a balance and coordination test after violently vomiting with food poisoning, even with no drugs at all.

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FriedClams

FriedClams

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I'm not sure I'm much help, but I just wanted to send you a Mom Hug. The older my kids get the more I realize I have no control. We're along for the ride. I'm sorry y'all are facing this. I think I'd get a referral to a lawyer. A really, really good one. I think quality does make a huge difference. And I'd document everything.

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Liz CA

Liz CA

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Good grief. I don't know what state you are in but I'd get a lawyer. A good one should have this dismissed by next week. :glare:

On the other hand, the court date may just be where the judge looks at the lack of evidence or evidence to the contrary and dismisses the case right there and then.

A lawyer will cost you money but should ensure nothing happens.

 

Tell him not to go to McDonalds because their food makes one ill....

Sorry that this escalated into such a mess but if he was well below the legal limit and he is not smoking pot, what can they accuse him of?

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Aura

Aura

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Probably need a lawyer.

 

Short story: my sis was arrested for DUI, and she hadn't been drinking. I've seen the dash cam video from the police. There was no reason at. all. to stop her. She was a single female driving alone (to home) around 2a.m. The cop was on a power trip. That is the only thing I can think of that justified his actions. There was no reason to charge her for DUI. None. She eventually did get out of it, but it cost her tons of $$ because of all the court and lawyer costs.

 

After I watched the dash cam and went to court with her, I lost all trust in the justice system. Forget about innocent until proven guilty. It's all about how much money they can get people to pay.

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Aura

Aura

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Good grief. I don't know what state you are in but I'd get a lawyer. A good one should have this dismissed by next week. :glare:

On the other hand, the court date may just be where the judge looks at the lack of evidence or evidence to the contrary and dismisses the case right there and then.

A lawyer will cost you money but should ensure nothing happens.

 

Tell him not to go to McDonalds because their food makes one ill....

Sorry that this escalated into such a mess but if he was well below the legal limit and he is not smoking pot, what can they accuse him of?

 

Do not assume this. Logically, yes, but the justice system does not work like that.

 

I'm sorry. It really stinks that things work like this, and maybe your situation will be resolved quicker and cheaper, but be prepared for this to drag on for months and for him to have spend money to keep from having a DUI on his record.

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Joules

Joules

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As others have said, get a lawyer.  Now.  Maybe it gets dismissed in court but don't take that chance.  This could have very negative ramifications.  Get a lawyer.  And maybe have him examined by the family doctor.  Today if possible.

 

Excellent idea.  If he's coming down with something it can be documented.  He also may be able to run more drug panels to corroborate no history of drug use.

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Lawana

Lawana

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Do get a lawyer. My mother and I have been helping a woman post DUI. She has very significant mental health and physical health issues and has been unable to effectively manage her probation terms. It would have been much much much better to have had effective representation at the time of her conviction, rather than trying to play clean up afterwards.

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swimmermom3

swimmermom3

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As others have said, get a lawyer.  Now.  Maybe it gets dismissed in court but don't take that chance.  This could have very negative ramifications.  Get a lawyer.  And maybe have him examined by the family doctor.  Today if possible.

 

He's making the appointment as I write this and asking for a drug test as well.

 

Thanks for the suggestion.

 

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mamaraby

mamaraby

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If he has a court date then it could very well be a ticket as even traffic tickets have court dates. In our state the first OWI is just a traffic ticket. In my state there's also such a thing as driving while impaired that does not require one is under the influence of drugs/alcohol. They don't always give you the ticket right away, sometimes they send it in the mail so it would not be unusual to not have the ticket in hand right away. If you want to more specifics then you can always contact the department directly and ask (you wouldn't be the first parent to do so).

 

If he was being charged in a criminal matter, likely he would have been held and may have had to make a prelim appearance and/or put up some cash before being released. If that's not the case, then I'd say it's a ticket and a ticket is something you can contest. Depending on which ordinance the ticket was written under (city/county/state) depends on who is going to handle it and what the process is so ask about that if you call the agency.

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swimmermom3

swimmermom3

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Ask that person whom they'd hire for themselves or their child. They probably know someone or can make a call and get you a name.

 

Thank you. They were able to make a recommendation.  He now has an attorney and apparently this is going to be a very long process. She was pleased that he was getting his own drug test done today.  It takes a couple of months for the police lab to process the results.

 

I really appreciate everyone's advice.  I hesitated to post, but this is so outside our realm of experience. Of course, our own lawyer just retired a couple of months ago.

 

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AmandaVT

AmandaVT

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I'm so sorry for you and your ds and HORRIFIED that things can get so out of hand for no good reason.

 

You've received some excellent advice here.

 

Good luck! :grouphug:

 

This!

 

I hope everything works out well and quickly for your DS and I'm sorry you guys are going through this!

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LucyStoner

LucyStoner

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How did you know that's who I was going to call? :tongue_smilie:

A friend of mine who is lawyer started telling her friends and family that when you need an oncologist you don't ask your podiatrist friend to "do oncology" as a favor. :P

 

That said, just like a doctor knows who is good in their local area, lawyers can usually point you in a better direction than say the yellow pages or the ad you saw on the back of a bus.

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Joules

Joules

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The lawyer has probably already mentioned it, but I have another suggestion.  Go ahead and have him write down everything he remembers about last night, including times and all details.  It's easier to remember things right away.  He may have texts or calls that help him pin down times.  Things like: what time he had his drinks, what time he ate at McDonalds, what time he started feeling sick and exactly what his symptoms were, etc.

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Tammyla

Tammyla

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If he has any receipts or people who can help with the time line(s) that would also be a good idea to pin down.  I'm glad he has an attorney and hope things will work in time.  (I say time, because with the courts every thing takes time and expect delays, postponements and an overall draining experience.)  

 

My mom, recently had a driving violation / red-light camera that was eventually dropped, but it took an attorney and months to sort out.  

 

 

 

The lawyer has probably already mentioned it, but I have another suggestion.  Go ahead and have him write down everything he remembers about last night, including times and all details.  It's easier to remember things right away.  He may have texts or calls that help him pin down times.  Things like: what time he had his drinks, what time he ate at McDonalds, what time he started feeling sick and exactly what his symptoms were, etc.

 

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City Mouse

City Mouse

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Yes! He needs a lawyer.

In many states a person can still be charged with DUI even if their blood alcohol level is below legal limits. Tho officer only has to prove that the person was impaired. Failing the field test could possibly be enough. That being said, if the officer (or other witness) did not witness him actually driving, it would be hard for the state to prove the driving part. That is where a good lawyer can help.

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itsheresomewhere

itsheresomewhere

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Yes! He needs a lawyer.

In many states a person can still be charged with DUI even if their blood alcohol level is below legal limits. Tho officer only has to prove that the person was impaired. Failing the field test could possibly be enough. That being said, if the officer (or other witness) did not witness him actually driving, it would be hard for the state to prove the driving part. That is where a good lawyer can help.

Sadly, this is more common than most people know. And they do get charged with DUIs and most are convicted. There are a few states were this people who should not have been charged are fighting to get some laws on he books to prevent this. Our local talk radio has been talking about this a lot and the stories coming out on this are appalling.

 

OP- get the best lawyer you can. Hugs.

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Tess in the Burbs

Tess in the Burbs

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It's interesting everyone's views on how bad this could be.  (ok the job thing, maybe)  My sister has had so many DUI's.  She didn't have any loss of license or jail time until the 3rd time.  I know she didn't have a lawyer the first time.  She was 16.  But the other times after age 21...it really wasn't serious until the 3rd time.  In fact, as her family we hoped they would give her jail time or take the license away sooner!  But no, every time they let her off on a probation type situation.  If he was charged with anything they have to give him the paperwork that shows the charge...did he not get this?  

 

I hope you get a lawyer and it turns out to be minor, it's all dismissed.  I will say my own observance of the system is that DUI's get off easy a lot of the time until it's a repeat situation. 

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hornblower

hornblower

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 My sister has had so many DUI's.  She didn't have any loss of license or jail time until the 3rd time.  I know she didn't have a lawyer the first time.  She was 16.  But the other times after age 21...

 

Depending on the details, it probably makes her criminally inadmissible to Canada. It's the sort of think people don't think about until they decide to take an Alaskan cruise & fly to Vancouver & get sent back at the airport. 

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swimmermom3

swimmermom3

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Thank you again to everyone for your help and good wishes.

 

If you all could keep us in your good wishes and prayers a bit longer.  Dd texted us at 4am to let us know that her car had caught fire on the freeway last night. Everyone is okay, but the car, of course, is a total loss. Her ID, debit card, and social security card were torched. The logistics of this issue make getting a lawyer seem easy.

 

Never, ever ask "What else can happen?" :tongue_smilie:

 

Did I mention that our second foreign student arrives on July 5th?

 

 

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swimmermom3

swimmermom3

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Depending on the details, it probably makes her criminally inadmissible to Canada. It's the sort of think people don't think about until they decide to take an Alaskan cruise & fly to Vancouver & get sent back at the airport. 

 

Ds is not allowed to leave the state without permission until this is resolved.

 

We live very close to a state border that he crosses frequently.

 

 

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