SydLexia.com - The Forums :: View topic - Man arrested for DUI after leaving hearing for DUI

Posted: Jan 23 2011 07:14 pm

UsaSatsui wrote:

I dunno about youse guys, but to buy any car I've had so far, I needed to show a driver's license.

They don't necessarily take your car away for a DUI, just your license. And guess what? Your car still works without a license! It also works without current stickers or even a license plate. And say they do take your car away. Well, you'll probably just borrow a friend's car, or your mom's car, or your wife's car, or your ex-wife's car, because they're all white trash from Lynn, MA and they don't know right from wrong.

2010 SLF Tag Champ Joined: Jun 07 2006 Posts: 12294

Posted: Jan 24 2011 01:17 am

Okay, time for the resident DUI expert to step in on this one. This guy deserves to be locked up for a long time. That's clear. What's not clear is how the laws work. Read this:

http://www.michigan.gov/sos/0,1607,7-127-1627_8665-24488--,00.html

Then, I'll tell you all what I got:

$1085 Fines and Fees ($200 fine $885 fee - of which I have no idea what the fees went to)
six months non-reporting probation (no drinking or bars - my lawyer said that I can go anywhere except where drinking is the main focus of the establishment - AKA Yes chilis/tgi fridays/bennigans NO booyah's/strip clubs, etc.)
40 hours Community Service
Had to attend two classes: Alcohol Highway Safety Course and a Victim's Impact Panel (stories from families of DUI accident victims - a very harrowing evening I spent after driving 2.5 hours across the state (Muskegon, MI to St. Louis MI if you were wondering)
90 days restricted license (of which I am still waiting for it to be restricted - even though I was convicted over a month ago now)
$500 a year for two years to the Secretary of State (DMV) for a Drivers Responsibility Fee.

Never mind all the insurance nightmares I will have to face. In fact, the insurance company is not only dropping me, they're dropping my Mom too, at least for the next 3 years. So I'll have to pay sky high rates for a rinkadink ass 91 buick.

And that's for a first offense OPERATING WHILE VISUALLY IMPAIRED - A LESSER OFFENSE THAN A STRAIGHT UP DUI. You most likely won't go to jail on your first offense (unless you injure or kill someone) but you can (up to 93 days in Michigan) - second offense is minimum five days, maximum one year (second offense occurring within seven years of the first offense) - subsequent offenses within a lifetime are felonies with a five year maximum sentence.

Most states' DUI laws are very similar, some are more strict and some are more loose, but this chump did it 5 times and GOT CAUGHT ON THE WAY OUT OF COURT! Lock him up. Keep him locked up.

Posted: Jan 24 2011 01:21 am

yeah. DUI's are no joke

i have to pay $3900 in fees. court fees. prison fees. being stupid fees etc etc

not only that i had to spend 15 days in jail (tent city) and 15 days house arrest

30 days suspended license. 60 days restricted license. and then on February 14 i have to install my inter lock device for 1 year.

not only that, i also had to pay for the house arrest fees & crap ($400) and i had to pay to get a TB test. as well as x-rays. and i have to pay for my interlock device.

not only that i had to pay $650 to get my car out of impound ($150 court fee & the rest were impound fees)

oh yeah. 16 hours of DUI classes at $90 and $50 for my traffic survival class.

lesson definitely learned.

Posted: Jan 24 2011 01:30 am

Arizona is the toughest state - as per my many hours spent googling in research for my case.

Don't use Listerine right before driving because that'll set off your interlock accidentally in some cases (I knew a guy who did it)

Posted: Jan 24 2011 02:24 am

yup. my brother had one, so i had my practice on his machine

and my buddy had one last year. so, yeah, im pretty pro at that machine

Posted: Jan 24 2011 05:34 pm

I ended up getting 60 days suspended license, I tried to get a restricted license but they were not having that.
I didn't get dropped by my insurance company and in fact my rates have gone down ever since getting a DUI. They usually wait a while before requesting your license back so you can set up proper travel means for work and what not.
I drove anyway and let me tell you, everytime a cop was near or behind me I nearly had a heart attack. Not worth the stress. So don't do it.
My buddy actially had his mom request the installation of a interlock device on his car, it wasn't mandated. He actually flipped his car on the highway and they ended up drawing blood at the hospital and booked him for a DUI when he was released.

Posted: Jan 24 2011 06:05 pm

well, my brother already has the SR22 crap on his insurance and my car is under his insurance, so i dont have to deal w/that for a while.

i also drove on a suspended license and i also nearly crapped myself everytime i saw a cop. i only drove though when i had to go to jail & was on house arrest, simply because i had to stay on schedule. the bus takes about an hour longer than actually driving, so it was an unfortunate risk i had to take

Posted: Jan 24 2011 07:34 pm

I love these kind of clients. I had a client once who picked up a DWS (driving while suspended) while on the way to court for a DWS. And she was suspended for a pending DUII. I love stupid criminals with money.

Posted: Jan 24 2011 08:39 pm

I won't ever break the law and drive anyways - but I have a question. Am I allowed to stop places on the way to and from work? I've heard "during the course to places of employment". I just want to get this all behind me.

Also - can't a cop just run your license while driving behind you and see that your license is suspended and pop you? I have enough friends to get me places where I need to go anyways, I will just have little or no social life for those 90 days.

UsaSatsui's Youtube Channel · Posted: Jan 24 2011 09:03 pm

Shut up, Dorn wrote:

I won't ever break the law and drive anyways - but I have a question. Am I allowed to stop places on the way to and from work? I've heard "during the course to places of employment". I just want to get this all behind me.

Also - can't a cop just run your license while driving behind you and see that your license is suspended and pop you? I have enough friends to get me places where I need to go anyways, I will just have little or no social life for those 90 days.

You could stop on the way to and from work, sure. As long as you were going to and from work. Getting a cup of coffee or a gallon of milk would be fine, why not?

As for the second one, the license plate tells them who owns the car, it doesn't necessarily tell them the owner has a suspended license. And the owner of the car having a suspended license isn't enough to pull someone over, it could very easily be someone else driving the car.

Posted: Jan 24 2011 09:06 pm

UsaSatsui wrote:

Shut up, Dorn wrote:

I won't ever break the law and drive anyways - but I have a question. Am I allowed to stop places on the way to and from work? I've heard "during the course to places of employment". I just want to get this all behind me.

Also - can't a cop just run your license while driving behind you and see that your license is suspended and pop you? I have enough friends to get me places where I need to go anyways, I will just have little or no social life for those 90 days.

You could stop on the way to and from work, sure. As long as you were going to and from work. Getting a cup of coffee or a gallon of milk would be fine, why not?

As for the second one, the license plate tells them who owns the car, it doesn't necessarily tell them the owner has a suspended license. And the owner of the car having a suspended license isn't enough to pull someone over, it could very easily be someone else driving the car.

agree w/Usa

you can also drive if you need to go eat somewhere during lunch

as for the 2nd part, the owner having a suspended license isnt enough to pull you over, but you can bet they will use ANY small infraction to pull you over.

Posted: Jan 24 2011 09:11 pm

The only reason I did was because the bus routes stop running after 11 p.m. and I worked until midnight. I was also going to college everyday until work and buses did not run a route from the college to my work within an hour time period so I was more or less forced to drive. "You could have called a cab." Yea sure and by the time I had finished paying a cab for 1 day of driving I would be negative -$3.75 for the day. I tried this and it wasn't economically feasible.

Posted: Jan 24 2011 10:09 pm

Yeah they can run your records, I had a sheriff pull next to me in the parking lot of a gas station and call me over by my first name to advise I had expired tabs.

Title: Tutter Joined: Jan 24 2011 Posts: 7

Two words... Dumb Ass.

Posted: Jan 25 2011 02:28 am

The term "in the course of employment" has the most meaning in the context of tort law and respondeat superior. Basically, if you are a delivery driver, for example, and you cause an accident, the theory of respondeat superior can hold your employer liable for your actions. This is good for injured plaintiffs because employers, generally, have deeper pockets than employees. However, the employee must have been acting "in the course of employment" for respondeat superior to lie. If you go on a so called "excursion", e.g. drive off route to pick up milk, you may not be acting "in the course of employment".

As far as running tags without reasonable suspicion, every appellate court that has decided the issue has held that that is not a violation of Search and seizure. But, to pull you over the cop can only determine that the owner of the vehicle is suspended and the cop must then match the description of the owner who is suspended with the driver. Once he does that, he will have reasonable suspicion to instigate a stop.

Posted: Jan 25 2011 03:15 am

I'm not saying through the course of employment. I'm saying "I work until 6 PM" then I decide to walk or even drive across the street to my buddy's apartment. Then, many hours after my work is finished, I drive home. Is that legit? I would assume so.

Posted: Jan 25 2011 11:07 am

i think you might be stretching it there. i wouldnt risk that.

i normally stop at best buy or costco or bookmans on the way home. its literally on the way. so, i'll do that, but nothing too bad, like going to the other side of town to buy concert tickets.