DUI Advice.

yes it does.... if your convicted of a DUI, it's gone.... you had examples that happened before the conviction, and made it so the judge had to throw the case out or reduce the charge.... DUI conviction, your regular license is gone... they even take it away right after your arrested.... you have to get a special one until after the aranement...

Wrong. The judge in the criminal case and the magistrate of the DMV are two different people who operate completely separate. Both of them rule independent of the other. The DMV magistrate makes the final decision on your license based on what he thinks. The judge makes the decision on your criminal punishment based on what he thinks. They review the same information but each's decision is their own.
 
You're losing it. Thats why they dont arrest drunk in house parties or bars, or restaurants. Because its not a crime to be drinking or drunk. Only creating unsafe situations or hurting people doing it.

The only reason his situation was a crime was b/c he was underage, and lied about it. Not that he was drinking alchohol and might have decided to drive. What he could possibly do afterward in a car is irrelevant until he actually enters the drivers seat, its an entirely different offense.

FAIL.

your talking about TWO different things, FAIL
someone drinking at a house party, of age, hasn't done anything wrong
someone drinking at a house party, underage, has commited a crime.

a cop not stopping someone at a party, who's of age... then that person drives drunk and caused some crime, is not that cops fault unless he wittnessed him driving away...

a cop not stopping an underage drinker, because he felt that the crime was small, and not worth his time... then that kid drives a car, and kills sone... that's the cops fault for not upholding the law when he had a chance....
 
Wrong. The judge in the criminal case and the magistrate of the DMV are two different people who operate completely separate. Both of them rule independent of the other. The DMV magistrate makes the final decision on your license based on what he thinks. The judge makes the decision on your criminal punishment based on what he thinks. They review the same information but each's decision is their own.

and the DMV will suspend your license... look it up...

it's not like they are going to go, oh, he only blew a point .10... that's fine... no suspension.... compared to a .20 and feel the need to suspend that..

the limit is .08.... if your over, it doesn't matter if it's .01 over or .10 over... over is over, and it's gone....
 
right from the government website

  1. The first offense is not subject to imprisonment but entails a $150-300 fine plus an additional surcharge of $365. Also, if convicted for a first offense BAC or OWI (BAC over 0.08%):
  2. 6 points will be added to your driving record.
  • Your license will be revoked for 6-9 months.
  • You may be immediately eligible for an Occupational License which allows you to drive to work and back.
  • You may also be required to undergo an assessment.
  1. The second offense or two offenses in five years and will result in imprisonment for five days to six months and a $350-1100 fine plus an additional surcharge of $365. Thirty days of community service may be imposed in lieu of incarceration. Also, if convicted for the second offense of DWI, DUID or BAC:
  2. 6 points will be added to your driving record.
  • Your license will be revoked for 12-18 months.
  • Your vehicle will also be required to be fitted with an ignition interlock device or be immobilized.
  • You will be eligible for an occupational license only after 60 days (12 months if two or more offenses were detected within two years).
  • You may also be required to undergo an assessment
 
underage kids, drinking outside.... they knowingly know that what they were doing was illegal, and they were doing it in public??? Why wouldn't the cop do something? If they were brash enough to do that publicy, what else might they do..

He could do something. Its called an underage drinking citation. Maybe you've heard of them, its what cops give kids who drink underage so they're punished without wasting time dragging them jail.

um yes it will, it does something called "deferment"... if a kid, who is underage drinking, and lieing to the cops, is punished pretty good... he's going to think twice before doing that again, and most likely not do anything worse in fear of a harsher punishment... if the cop didn't do anything, as with most punk ass kids, they will take it to the next level...

He might not drink in PUBLIC, but he will drink again. Does that really make it better? And even assuming you're right, it still doesnt change the fact its a waste of time and money.

lets say I was speeding on a road at 3am... no one was out, bet I felt like going 100 in a 55mph zone... I'm not hurting anyone but myself, I was going to slow down if I saw someone... it doesn't matter... you break the law, you are punished, simple as that, everyone knows that from an early age, and to sit there later and act like getting punished was shocking and uncalled for, your just showing that you are a indeed, as you put it, an idiot.

If you're going 100 in a 55 it might be too late to slow down when you see someone. Thats WHY they call it RECKLESS driving, and thats WHY its a more serious offense with more serious consequences.
 
He could do something. Its called an underage drinking citation. Maybe you've heard of them, its what cops give kids who drink underage so they're punished without wasting time dragging them jail.

He might not drink in PUBLIC, but he will drink again. Does that really make it better? And even assuming you're right, it still doesnt change the fact its a waste of time and money.


If you're going 100 in a 55 it might be too late to slow down when you see someone. Thats WHY they call it RECKLESS driving, and thats WHY its a more serious offense with more serious consequences.

yeah, I've got them before when I was younger... sucked, but I learned my lesson...

waste of time and money... chances are his fines were substancial, so therefore, it was worth the time and money...

on the freeway, youcan see car light miles ahead, and chances are a coast from there, to five miles ahead is sufficent enough time to slow down... your going a little less then a mile every thirty seconds
 
  1. The fifth or sixth offense ("chronic offender") is will result in imprisonment between six months and six years and a fine of $600-10000 plus an additional surcharge of $365. Also, if convicted for the fifth or subsequent offenses of DWI, DUID or BAC:
  2. 6 points will be added to your driving record.
  3. Your license will be revoked for 2-3 years.
  4. You will be eligible for an occupational license only after 60 days (12 months if two or more offenses were detected within two years).
  5. Your vehicle will also be required to be fitted with an ignition interlock device or be immobilized or even seized.
  6. You may also be required to undergo an assessment.
  7. The penalties continue to rise to a maximum of twelve and a half years imprisonment and a fine of up to $25000 for the tenth and subsequent offenses
still not steep enough if you ask me.... 6 time offender? 30 years prison if you ask me...
 
your talking about TWO different things, FAIL
someone drinking at a house party, of age, hasn't done anything wrong
someone drinking at a house party, underage, has commited a crime.

You can get in a car and drive drunk no matter how old you are. If cops were going to arrest people based on the possibility that they MIGHT drive, they could do it to everyone since an of-age person drinking at a party has as much chance of driving away as an underage person does.

But cops dont make those arrests because the crimes havent happened yet. They make judgements based on the nature of the crime at hand. And a 19 year old drinking beer in his frontyard is a ticketable offense, at best. You arrest him because he might drive, then you arrest EVERYONE who might drive. Get it?

a cop not stopping an underage drinker, because he felt that the crime was small, and not worth his time... then that kid drives a car, and kills sone... that's the cops fault for not upholding the law when he had a chance....

So you think that everytime a cop sees a kid drinking a beer or something, no matter where, he should throw him in the slammer? Wow.
 
and the DMV will suspend your license... look it up...

it's not like they are going to go, oh, he only blew a point .10... that's fine... no suspension.... compared to a .20 and feel the need to suspend that..

the limit is .08.... if your over, it doesn't matter if it's .01 over or .10 over... over is over, and it's gone....

I'm telling you for a fact that people have retained their license after DUI's because a dmv magistrate decided they could. This has happened. You are wrong. Law is not always followed to a T.
 
even from a LAWYER's website.... you think if there was a chance they wouldn't suspend it... they would say it, but no

First, you will have a suspension of your driving privileges. The amount of time for the suspension will vary depending on your level of blood-alcohol or whether this is your first offense or not. In some cases, you attorney can argue that you receive a occupational limited license, which allows you to continue your driving privileges to and from work.
 
You love when they do that because you take what they say literally. As if anyone actually believes there are rapes and murders going on within earshot of the arresting officer as he is being a *****ebag.

Most of the time, yes, people say what they literally mean. I love when they do this because it's hilarious. It's an elementary school response to something with a lot more gray areas than anyone considers. And it's usually uttered by those who got caught doing something wrong, and want to whine about it.

As any idiot could infer, the point is not that a cop is ignoring more serious crimes to focus on the lesser one, its that people with as much power in their hands as policeman should have perspective when dealing with insignificant crimes like this. Is drinking underage and lying about it illegal? Yes. So is jaywalking. And speeding. But these are passive laws and passive crimes that are normally harmless.

I see.

So I'm to infer that this whole bit about discretion...is your argument...

From this:

Gee I don't know, arresting robbers, drug-dealers, rapists, killers, arsonists, etc. etc. etc. who are all 100x more dangerous to society than some scared kid sipping a beer outside his apartment.

Where you make a very distinct statement that is not at all in the context of police discretion, but rather, about what "better" things cops have to do.

So you don't say what you mean, then?

Because while I can certainly reason this out in a logical sense, that you might well feel this way, I'm not in the habit of simply assuming how someone feels about police discretion based on them making statements about whether or not cops have better things to do with their time.

Nor am I, in general, in the habit of responding to or assessing statements people don't make.

Unless someone is abusing these laws recklessly and actually putting people in danger, arresting them is not going to make society a safer place. Its just going to waste the judge's time and the defendants money. And he's still not going to stop drinking, anymore than he would stop speeding if arrested for 5mph over. In the end, all it does is piss people off and waste their time.

I agree, to a point.

It's not always about making society a safer place for an officer. It's about upholding the law. That's their job. We can debate the laws all day, and the punishments for various lawbreaking, but at the end of the day, it's an officer's job to uphold those laws.

Though in this respect, it made the city some money in theory, and hopefully taught chaseter a valuable lesson about being an idiot when dealing with police officers.
 
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yeah, I've got them before when I was younger... sucked, but I learned my lesson...

waste of time and money... chances are his fines were substancial, so therefore, it was worth the time and money...

on the freeway, youcan see car light miles ahead, and chances are a coast from there, to five miles ahead is sufficent enough time to slow down... your going a little less then a mile every thirty seconds

I see. In your mind, going 100mph in a 55 zone is not reckless b/c you think nothing can exist on the road without being 5 miles ahead when you see it.

That kind of thinking is actually good reason to arrest people like you.
 
It all depends on the state....no DUI law is the same for each. NJ, where I reside it's automatic 7 months suspension. That DUI is on your Driving Record, not criminal record.....however a county(state) appointed judge makes the decision as to what your punishment is (whether it's more then 7 months, fines, etc.). You do nothing in front of a DMV magistrate.
 
You can get in a car and drive drunk no matter how old you are. If cops were going to arrest people based on the possibility that they MIGHT drive, they could do it to everyone since an of-age person drinking at a party has as much chance of driving away as an underage person does.

But cops dont make those arrests because the crimes havent happened yet. They make judgements based on the nature of the crime at hand. And a 19 year old drinking beer in his frontyard is a ticketable offense, at best. You arrest him because he might drive, then you arrest EVERYONE who might drive. Get it?


So you think that everytime a cop sees a kid drinking a beer or something, no matter where, he should throw him in the slammer? Wow.

a kid drinking outside, is underage drinking ticket at the least, IMO...

did I say jail... if the kid, lies to the cop... the cop needs to show this kid that's not allowed... and chances are, in the situation to started this debate... the kid was being a smart ass, and lieing to the cop to get out of trouble.... the cop probably wanted his idea, then the kid probably refused to give it to him...
 
your wrong... look at the freaking law....

lol

Dude, I dont know what else to tell you. I know this for a fact. The law as you quote from a website does not change the actual fact that real people have gotten DUI and retained their license. You're just going to have to think outside your box.
 
a kid drinking outside, is underage drinking ticket at the least, IMO...

did I say jail... if the kid, lies to the cop... the cop needs to show this kid that's not allowed... and chances are, in the situation to started this debate... the kid was being a smart ass, and lieing to the cop to get out of trouble.... the cop probably wanted his idea, then the kid probably refused to give it to him...

If you didnt mean jail when you said this: "a cop not stopping an underage drinker, because he felt that the crime was small, and not worth his time... then that kid drives a car, and kills sone... that's the cops fault for not upholding the law when he had a chance...."

Then what did you mean? A ticket isnt going to prevent an underage drinker from then getting into and driving a car.
 
That kind of thinking is actually good reason to arrest people like you.

wow, little hypocrttical here... aren't we...

you just said that "thinking" this, is a good cause for arrest... so, i did nothing but say that, but in your mind, it's an offense that is best suited for jail time. But drinking underage, and lieing to the cop, is AT BEST, an offense punishable by an underage drinking ticket...

your mentality

thinking = jail time

underage drinking, lieing to a officer = maybe a ticket, but not worth their time...

FAIL (as you put it)

and it's funny how you take an example I just threw out there, as something I do... wow...
 
He might not drink in PUBLIC, but he will drink again. Does that really make it better? And even assuming you're right, it still doesnt change the fact its a waste of time and money.

It's like basic parenting.

If a child misbehaves, the child is shown there are consequences for doing so. It is eventually up to the child if he wants to behave, or if he wants to be a moron and keep tempting fate.
 
lol

Dude, I dont know what else to tell you. I know this for a fact. The law as you quote from a website does not change the actual fact that real people have gotten DUI and retained their license. You're just going to have to think outside your box.

it's an automatic regulation for a DUI.. what don't you get about that..

maybe your confusing an occupational license, with a regular license...
 
Also if your convicted of DUI you will lose you license...only way to get out of that is as someone mentioned. Contest your case, and possibly find flaws in the officer's discovery.
 
I see.

So I'm to infer that this whole bit about discretion...is your argument...

From this:



Where you make a very distinct statement that is not at all in the context of police discretion, but rather, about what "better" things cops have to do.

Uh, yeah.

Did you think I actually meant people were getting raped and killed right there when he was arresting the underage drinker? Holee hell.
 

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