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DUI Question (Read 1537 times)
Reply #15 - Feb 18th, 2010 at 5:56pm

Steve M   Offline
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expat wrote on Feb 18th, 2010 at 4:22am:
Steve M wrote on Feb 17th, 2010 at 9:47pm:
Get a good lawyer. Bargain. Sometimes you can plead guilty or no contest, and end up with no record.



I love US justice. A positive breath test in Europe is as good as convicted, the court is a formality that confirms your ban and fine Grin

Matt




The same applies to parts of Canada. It is really a good system for ONE time offenders. The blood alchohol levels for conviction have gotten lowered to the point of ridiculous. My girl had an afternoon birthday get together with friends where she had two glasses of wine in two hours. driving home she ran across a RIDE* checkpoint and was arrested for impaired driving. She only weighs 100 pounds. If convicted she would loose her job. I convinced her to get a lawyer, not the 200$ lawyer, but the 900$ lawyer. He pled guilty for her and bargained with the Crowns attorney. She got 40 hrs community service and no recorded charges unless she had any further altercations within the next 12 months. This was her only brush with the law in her life.
There would have really been no point in ruining her life over two glasses of wine. If she weighed in at 200 pounds she would not have blown over the limit.
The sad thing is, that repeat offenders often use this method. And that isn't the fault of the law.. it's the fault of the judges.   Smiley





*RIDE= Reduce Impaired Driving Everywhere. ( Police checkpoints)
 
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Reply #16 - Feb 18th, 2010 at 6:47pm

expat   Offline
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Steve M wrote on Feb 18th, 2010 at 5:56pm:
expat wrote on Feb 18th, 2010 at 4:22am:
Steve M wrote on Feb 17th, 2010 at 9:47pm:
Get a good lawyer. Bargain. Sometimes you can plead guilty or no contest, and end up with no record.



I love US justice. A positive breath test in Europe is as good as convicted, the court is a formality that confirms your ban and fine Grin

Matt




The same applies to parts of Canada. It is really a good system for ONE time offenders. The blood alchohol levels for conviction have gotten lowered to the point of ridiculous. My girl had an afternoon birthday get together with friends where she had two glasses of wine in two hours. driving home she ran across a RIDE* checkpoint and was arrested for impaired driving. She only weighs 100 pounds. If convicted she would loose her job. I convinced her to get a lawyer, not the 200$ lawyer, but the 900$ lawyer. He pled guilty for her and bargained with the Crowns attorney. She got 40 hrs community service and no recorded charges unless she had any further altercations within the next 12 months. This was her only brush with the law in her life.
There would have really been no point in ruining her life over two glasses of wine. If she weighed in at 200 pounds she would not have blown over the limit.
The sad thing is, that repeat offenders often use this method. And that isn't the fault of the law.. it's the fault of the judges.   Smiley





*RIDE= Reduce Impaired Driving Everywhere. ( Police checkpoints)      



Still, all that hassle because she just had to have an alcoholic drink when she knew she was going to be driving.

Matt
 
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Reply #17 - Feb 18th, 2010 at 7:36pm

Steve M   Offline
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Cambridge On.

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expat wrote on Feb 18th, 2010 at 6:47pm:
Steve M wrote on Feb 18th, 2010 at 5:56pm:
expat wrote on Feb 18th, 2010 at 4:22am:
Steve M wrote on Feb 17th, 2010 at 9:47pm:
Get a good lawyer. Bargain. Sometimes you can plead guilty or no contest, and end up with no record.



I love US justice. A positive breath test in Europe is as good as convicted, the court is a formality that confirms your ban and fine Grin

Matt




The same applies to parts of Canada. It is really a good system for ONE time offenders. The blood alchohol levels for conviction have gotten lowered to the point of ridiculous. My girl had an afternoon birthday get together with friends where she had two glasses of wine in two hours. driving home she ran across a RIDE* checkpoint and was arrested for impaired driving. She only weighs 100 pounds. If convicted she would loose her job. I convinced her to get a lawyer, not the 200$ lawyer, but the 900$ lawyer. He pled guilty for her and bargained with the Crowns attorney. She got 40 hrs community service and no recorded charges unless she had any further altercations within the next 12 months. This was her only brush with the law in her life.
There would have really been no point in ruining her life over two glasses of wine. If she weighed in at 200 pounds she would not have blown over the limit.
The sad thing is, that repeat offenders often use this method. And that isn't the fault of the law.. it's the fault of the judges.   Smiley





*RIDE= Reduce Impaired Driving Everywhere. ( Police checkpoints)      



Still, all that hassle because she just had to have an alcoholic drink when she knew she was going to be driving.

Matt




You make a good point. Only a few years ago this was acceptable behavior.  Wink
 
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Reply #18 - Feb 18th, 2010 at 7:48pm

Northwest 102   Offline
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[/quote]There are so many technicalities that you can get off on its ridiculous.  For example, the officer in most states has to have an intital cause to stop you, in other words you have to break a traffic law.  We once had a guy get off scott free because the officer listed the initial cause to stop him as illegal lighting, because he was driving with his fog lights on.  Well if you scrutinize the law, fog lights are legal, so the initial cause was tossed out, and the DUI, even though he blew a .18!  Even though he was guilty of driving drunk, he got off because the officer didn't have probable cause to stop him. [/quote]

This is possibly what I'm looking into too.  The police officer said he pulled me over because I had my highbeams on.  Well we ever passed the officer.  He came up behind me and through his lights on.  I may have case but have yet to see the final report.  I'll run it by an attorney and see.  I'm just worried about the costs because I am unemployed.  So far I do have $2000 saved up and can mybe get $3000 by the time this starts rolling, but it's something to look into. It's all a waiting game.  I would like nothing more than to avoid jail time and have it go on my record. The jail time might be the easiest we'll see.  I'll be peading guilty and I'll be getting a chemical dependancy test done one my own that I can present to the judge showing that I'm taking this seriously and that I'm taking the initiative to make this right.

MIKE
 
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Reply #19 - Feb 18th, 2010 at 8:26pm

olderndirt   Offline
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Believe Canada considers this a felony rather than a misdemeanor and, if it's revealed at a border crossing check, you won't be allowed into the country.
 
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Reply #20 - Feb 19th, 2010 at 1:14am

Northwest 102   Offline
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Yeah that's what we we're talking about tonight too that having a DUI on your record excludes you from going to Canada.  However I don't know if it affects you're whole life or if after a few years they overlook it and let you in.  This part I do not know.

MIKE
 
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Reply #21 - Feb 19th, 2010 at 3:29am

expat   Offline
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Steve M wrote on Feb 18th, 2010 at 7:36pm:
expat wrote on Feb 18th, 2010 at 6:47pm:
Steve M wrote on Feb 18th, 2010 at 5:56pm:
expat wrote on Feb 18th, 2010 at 4:22am:
Steve M wrote on Feb 17th, 2010 at 9:47pm:
Get a good lawyer. Bargain. Sometimes you can plead guilty or no contest, and end up with no record.



I love US justice. A positive breath test in Europe is as good as convicted, the court is a formality that confirms your ban and fine Grin

Matt




The same applies to parts of Canada. It is really a good system for ONE time offenders. The blood alchohol levels for conviction have gotten lowered to the point of ridiculous. My girl had an afternoon birthday get together with friends where she had two glasses of wine in two hours. driving home she ran across a RIDE* checkpoint and was arrested for impaired driving. She only weighs 100 pounds. If convicted she would loose her job. I convinced her to get a lawyer, not the 200$ lawyer, but the 900$ lawyer. He pled guilty for her and bargained with the Crowns attorney. She got 40 hrs community service and no recorded charges unless she had any further altercations within the next 12 months. This was her only brush with the law in her life.
There would have really been no point in ruining her life over two glasses of wine. If she weighed in at 200 pounds she would not have blown over the limit.
The sad thing is, that repeat offenders often use this method. And that isn't the fault of the law.. it's the fault of the judges.   Smiley





*RIDE= Reduce Impaired Driving Everywhere. ( Police checkpoints)      



Still, all that hassle because she just had to have an alcoholic drink when she knew she was going to be driving.

Matt




You make a good point. Only a few years ago this was acceptable behavior.  Wink



Funny you should mention that. In the UK 25 years ago, drink driving went something like this;

Drink driving, bummer, the "§$%& must have been waiting for you. Unlucky mate.

Today, you complete "§$%&(/'#, you got what you deserve.

How times change.

Matt
 
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Reply #22 - Feb 20th, 2010 at 10:26pm

olderndirt   Offline
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Northwest 102 wrote on Feb 19th, 2010 at 1:14am:
I don't know if it affects you're whole life
Take it from one who knows, it will eventually be expunged from your driving record.  Individual states will have different requirements.
 
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Reply #23 - Feb 21st, 2010 at 6:15pm

Northwest 102   Offline
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I think it's 10 years in Minnsota then before I'm allowed in Canada.  Or a I wrong and it's only that a felony DUI arrest keeps you out of Canada?

A buddy text me yesterday and he said he was talking to his lawyer friend about my case and he said when I go for my hearing ask for the DA and that he's probably got a ton of stuff to do and will be more than happy to settle it and that .14 really isn't that bad.  Beit that Minnesota's legal limit is .08 I hope .14 isn't very bad...

MIKE
 
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Reply #24 - Feb 21st, 2010 at 7:41pm

skoker   Offline
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Go to Russia, they have a 5 DUI minimum to get into the air force! Grin
 

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Reply #25 - Feb 21st, 2010 at 8:44pm

Northwest 102   Offline
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It would take that for me to get inside one of their planes except for maybe the Mig 29.
 
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Reply #26 - Feb 21st, 2010 at 9:29pm

olderndirt   Offline
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Northwest 102 wrote on Feb 21st, 2010 at 6:15pm:
only a felony DUI arrest keeps you out of Canada?
Canada is the country which considers DUI a felony but when it's no longer on your US record - keep a straight face  Smiley.
 
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Reply #27 - Mar 3rd, 2010 at 9:39pm

Northwest 102   Offline
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I think 10 years and you can get it expunged. I may look into that.  Insurance it's 3 years however I don't know about aviation insurance.  I don't really want to fly for the airlines but I would like to fly King Airs and other small turboprops in the future for charter or cargo companies.

MIKE
 
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Reply #28 - Mar 5th, 2010 at 10:48am

beaky   Offline
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Northwest 102 wrote on Mar 3rd, 2010 at 9:39pm:
I think 10 years and you can get it expunged. I may look into that.  Insurance it's 3 years however I don't know about aviation insurance.  I don't really want to fly for the airlines but I would like to fly King Airs and other small turboprops in the future for charter or cargo companies.


Just remember, the charge may be expunged, but that does not mean that   there is not still a  record, somewhere, that you were stopped and given a breathalyzer or other DUI test.

If the question is "have you ever been pulled over on a DUI?" DO NOT LIE, even if you were told the whole thing is forgotten and you are in the clear.


 
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Reply #29 - Mar 6th, 2010 at 11:06am

Ivan   Offline
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For holland its the following:
You do the roadside test. this one has three outcomes... OK, not OK but no second test and not OK with second test.

In the 2nd case you get a fine and have to wait a few hours before driving again...

The second test is done at the police station with a more advanced test machine.
They do record the ones that let you end up at the police station, if you have too much listed or an absurd amount your driving license is temporarily revoked.

Now the juridical stuff starts if you were caught too often or the judge decides that 'the big one' was too much... And then all hell breaks loose with psychical tests and the whole lot
 
Russian planes: IL-76 (all standard length ones),  Tu-154 and Il-62, Tu-134 and An-24RV&&&&AI flightplans and repaints can be found here
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