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I have a question about the law and drunken driving

shes driving me crazy in my retirement's picture

Never done it so I really don't know the laws.

As you know Drunkie was caught drunk driving back in early Feb. He had run off the road, a police officer spotted the car, checked it out and found that drunkie had consumed a considerable about of booze - double over the legal limit.

Anyway, in an unusual move, I forget if it was the judge or the officer who wrote the ticket, his license was taken away so he can't drive even before he has his day in court.

That is my question, about the day in court. How long can this be dragged on for? Supposedly they were going to get a receipt that showed what time drunkie bought the fifth of vodka to try to prove that he didn't drink it until after he ran off the road (claims he drank it to keep warm). I do know in this state that if you are drunk and even just sitting behind the wheel of a car that is not running it is still considered drunk driving.

So here we are going into October and drunkie is still out and running around on the roads, sans license, and still drinking as you know from other posts I have written.

I'm just wondering how long the DA is going to let this continuance stuff go on. DH says Twit wants it to continue because the offer was that drunkie would have to pay a hefty fine, court costs, and be on probation for a year. Twit doesn't want to pay the fine (the fines are pretty hefty in this state)

Anyway, I am just wondering how long this can be dragged out. Basically for Drunkies own good because once he gets his sentence he will have to toe the line which migh, just might, do him some good.

Any one know?

shes driving me crazy in my retirement's picture

Thaks - They are suppose to have real tough DUI laws where I am. Saw a billboard on drunk driving that showed someone stopped and taking a breathelizer test. The caption on the board was drive drunk and blow $10,000! Don't know if that would be a first, second offensive.

Is that what they call the offer Twit's Drunkie got, a diversion? She is fighting that because for some reason she thinks getting this receipt from CVS where Drunkie bought the booze is going to make a big difference. Me, I think it doesn't matter. Heck, Drunkie could have come out of CVS and started drinking the vodka right in the parking lot.

And the police aren't dumb. Drunkie was out in bad weather, and breathilized at about 7:30 AM which is pretty darn early to be hitting the bottle for normal people. Twit says they are trying to prove that Drunkie didn't start until after he went off the keep warm, she says. Being twice over the legal limit is some pretty serious drinking at that time in the morning. Twit doesn't want poor little 23 year old drunkie to have a record. And since drunkie does not have any $$ (except for booze) mama Twit is gonna pay....she has been paying his legal fees and directing his lawyer.

As I said, she is dillusional. And yes, Drunkie has taken the car and gone out for booze. The young man isn't going to learn until he gets someone in authority to set him straight.

Twit cries to DH that her husband isn't helping her out any more with Drunkie. Won't drive him to AA meetings, etc. Heck, I can see why, they have had 8 court dates with at least 4 or 5 of the continuances. Guess I have no trouble seeing why her husband is washing his hands. The drunk doesn't want to attend AA. She was doing it so they could have a record to show to the judge.

My concern is the same as yours --- sooner or later this Drunkie is going to hit some innocent people and they are going to be seriously hurt or die. Drunkie won't because it always seems the drunk's survive.

shes driving me crazy in my retirement's picture

Ah, that is what she is fighting, the guilty part for Drunkie. Heaven forbid her perfect son get a record for DUI. Also, she doesn't want to pay the fines, I recall DH telling me that when he told her she should take the offer and get it over with.

She seems to think this receipt is going to show the world that Drunkie wasn't driving under the influence and ran off the road, but only started drinking after he beached his car. Dh doesn't think it matters because in this state even if you are on the side of the road, car not running, but drunk it still is a DUI.

As I said Twit is delusional, she thinks she is going to make the court do something different because SHE wants it.

Also, according to DH, her lawyer has now filed a contempt of court against CVS, where Drunkie bought the booze, for failing to produce a copy of the receipt from his transaction. Heck, that was way back at the end of January! I doubt they would even be able to identify it. Twit told DH that it should be easy for CVS to find a receipt for that amount for booze at that time in the morning. DH said something about the attorney filing the contempt of court charges to show why there have been so many continuances.

That is why I am getting curious about what is going on. You can tell I don't have much experience with the police so I'm naïve on something like this. But I do have brains and common sense.

Sounds to me like the court is peeved and might be, if they have not already, cancelled their original offer, or are jacking it up.

There also must have been more to this matter from the beginning with Drunkie. Seems the court, at the initial hearing, pulled his license. Generally, from what Twit told DH, when you get a DUI the police just staple the ticket to the drivers license. In this case the officer took Drunkies license and the judge didn't give it back on a temporary basis to him either!

shes driving me crazy in my retirement's picture

Would it be safe to think that once the DUI court makes the offer and it isn't accepted, for whatever reason, it can be rescinded and a heftier penalty even for a first office.

I don't know why I am even thinking about this, it is more about the laxity of the DUI court that is teeing me off here. What good are tough laws if not enforced.

Though around here you see a lot of people riding bikes because they take their licenses away.

As I said, lax laws/court only increases the possibility of someone getting killed, injuried by a drunk driver. Sadly, the drunks always seem to walk away from the accidents they cause. THAT is the real injustice of the crime.

z3girl's picture

I know in NJ it can take up to a year to go to court to finally lose your license for DUI. Unless you refuse to blow the breathalyzer, you get to keep your license too until the court date. More recently, they put Interlock on cars for all people who have a DUI (even just a refusal, so no proof of how drunk) which I think is a very good thing.

The $10,000 is no joke. In NJ, not only does your insurance go sky high for over 3 years if you're lucky to get any, you have to pay thousands to the state as a surcharge. It's not cheap. I can imagine that anyone who gets a second (or more offenses) must have a serious problem to not learn the first time around.

Very sad about the woman in LA. Actually, I should say it's very sad about the 3 people she killed. A car is not a toy...

shes driving me crazy in my retirement's picture

I understand that is generally what they do here. But, for some reason, the officer took Drunkies license on the spot and at his first hearing the Judge didn't give it back to him either. DH says Twit was surprised by that, but he never got a reason as to why they did that to Drunkie. Twit is probably hiding something about this whole situation.

Yeah, I know, NOMB. But I am just curious, especially has I have been studying up on personality disorders, since I have to deal with one and I need to understand to protect myself.

still learning's picture

I don't know the answers to your legal questions but if it were me I would make an anonymous tip to the police about "Drunkie" driving sans license.

shes driving me crazy in my retirement's picture

I have been thinking about that, but my bone is with Twit, not Drunkie.

I would, however, like to know why this case has dragged on so long. You know what they say, justice delayed is justice denied. And not getting this drunk off the road, or whatever, is denying justice to all the drivers that have to be on the road with him.

drstepmom's picture

Hello: I am in MN. It really depends upon what county you are in. It could be quick. Also, if it is the first one, there is the option of having a breathalyzer installed in the car, where you have to blow 0 to drive. I would recommend an evaluation, however.

shes driving me crazy in my retirement's picture

And here we are, going on 10 months since Drunkie got his DUI ticket and he still hasn't gotten to court.

Twit is now claiming it is the COURT, the JUDGE who did all the cancellations and reschedulings...she actually told DH that. Yet, 3 months back she was the one that was getting all the continuances because they didn't want Drunkie to accept the deal the DA was offering. DH says she is not making sense about a lot of things any more.

Hanny's picture

I too think you should turn him in..perhaps to save a life or two! Forget Twit for a second, and think how you would feel if you do nothing and next time he kills someone. I would feel guilty as hell!

That being said, my SO's daughter got into an accident while drinking (she was 22). That was 3 1/2 years ago, she lost her license for 1 year, she ended up with 2 counts of felony, 1 for the accident/dui and one because her blood alcohol was so high! She also spent 150 days in prison, yes prison! She was in county jail for 30 days before they sent her to prison. When she did get her license back, she had a breathalyzer in her car (court ordered) for 9 months, that cost $175 a month. Her dad and her mom each paid out over $40,000 EACH (this included drug rehab, attorney, interest on bail and some small fees that had to be paid immediately to the state)! They immediately had her go to a drug rehab, which was one of the best in CA and was very expensive. She is still on probation, and the guy she hit is suing her, they still haven't gone to court on that. And the state of CA could if they want to, depending on court case, charge her $55,000 in restitution fees. Her insurance company thinks she has a pretty good court case, the guy has been in 2 accidents since that one, and is also suing those people. He was taken to hospital and released in 2 hours with no injuries, but is claiming brain damage. So we will see how all that plays out very soon. The family did everything the attorney told them to do, put her in rehab for six months, AA meetings daily, etc so when she did go to court it would look better to the judge, but she did got two felonies out of this. She is 25 with two felonies.

shes driving me crazy in my retirement's picture

Thanks for the input. I would love to turn him in. I agree with you, sooner or later this drunk is going to kill/injure someone.

Twit keeps getting postponements. Earlier in the year she would take him to AA meetings, so that they had a record for the judge when he did get to court, but sometime around April that stopped because of his resistance to going.

So, the drunk doesn't work, doesn't take care of her dogs for her (he can't be trusted), according to her husband, comes home smashed or doesn't come home at all for days.

I have a very bad feeling that since he isn't working, and still boozing heavily, he has to get the money from somewhere....burgerlary?, drugs? Let's be real, drinking costs $$ and his friends aren't going to be popping for his hooch to get wasted on all the time.

Twit offered to send drunkie up to help DH clean out the gutters (DH is 75). I won't have him here and neither will DH because we don't trust him. I suspect Twit wanted him to "help" so we could pay him. No way. We have had our dealings with him back in April. My husband fell and hurt his knee dealing with him back then. He still has problems with it.