APK, its called zero tolerance and if you are under 21 and blow above a .02 it is a DUI.
you can't really fight it on the grounds that the evidence was obtained illegally because its not a murder or something. judge will laugh in your face, you're not getting a jury. best thing you can do is pay the lawyer, $2500 for something like this seems expensive for something like this. but they lawyer will make a plea deal with the prosecutor and get your kid the minimum. it is worth it IMO. kids gotta get a job though and pay you back. at least thats how it went in my house every time it happened to me
Great advice. This is exaclty what we did. Anyone here who has not had a beer or two before they were legal, slam away. Otherwise, pipe down unless you have helpful information, submit. Like this poster.
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Quote Originally Posted by williamwallace:
APK, its called zero tolerance and if you are under 21 and blow above a .02 it is a DUI.
you can't really fight it on the grounds that the evidence was obtained illegally because its not a murder or something. judge will laugh in your face, you're not getting a jury. best thing you can do is pay the lawyer, $2500 for something like this seems expensive for something like this. but they lawyer will make a plea deal with the prosecutor and get your kid the minimum. it is worth it IMO. kids gotta get a job though and pay you back. at least thats how it went in my house every time it happened to me
Great advice. This is exaclty what we did. Anyone here who has not had a beer or two before they were legal, slam away. Otherwise, pipe down unless you have helpful information, submit. Like this poster.
The arresting officer stated "he could smell alcohol" when he went to the car. There were 5 teenagers, 18 - 19 years of age in the car. All had been drinking, very lightly, no one else was arrested, or even checked, he checked their ID's and away they went. He had NOTHING else in his system. The arresting officer stated he stopped the car because he said license plate covers are illegal. I have a friend on the force, James Loveland. He said, well, they told us it's a "gray area", meaning if the obscure the lic plate, yes, then they could be illegal. The arresting officer stated he could see the plate fine; obviously, he was confused about the legality of the cover. BUT, since this is a DOT charge, and since my son already blew the .03....you can't contest it, even though it was not a legal stop. It's bullshit, and no-one I have spoken with in law enforcement will deny that. It's a loop-hole for law enforcement. It was a bull-shit stop. A cop saw a bunch of kids, one with a mohawk in the passenger front seat, in a car at 11:05 at night and pulled them over. Please stop trying to read more into this, there isn't. Thank you.
I am not a lawyer, but, I have heard of an infraction you can't fight.
Maybe limit(s) to whether you can prey a jury trial ( many states only allow that if jail time can be attached ) but, I have never heard of any charge that "you can't fight"
You have constitutional rights, that guarantee you due process
What state did this occur in?
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Quote Originally Posted by bandit1010:
The arresting officer stated "he could smell alcohol" when he went to the car. There were 5 teenagers, 18 - 19 years of age in the car. All had been drinking, very lightly, no one else was arrested, or even checked, he checked their ID's and away they went. He had NOTHING else in his system. The arresting officer stated he stopped the car because he said license plate covers are illegal. I have a friend on the force, James Loveland. He said, well, they told us it's a "gray area", meaning if the obscure the lic plate, yes, then they could be illegal. The arresting officer stated he could see the plate fine; obviously, he was confused about the legality of the cover. BUT, since this is a DOT charge, and since my son already blew the .03....you can't contest it, even though it was not a legal stop. It's bullshit, and no-one I have spoken with in law enforcement will deny that. It's a loop-hole for law enforcement. It was a bull-shit stop. A cop saw a bunch of kids, one with a mohawk in the passenger front seat, in a car at 11:05 at night and pulled them over. Please stop trying to read more into this, there isn't. Thank you.
I am not a lawyer, but, I have heard of an infraction you can't fight.
Maybe limit(s) to whether you can prey a jury trial ( many states only allow that if jail time can be attached ) but, I have never heard of any charge that "you can't fight"
You have constitutional rights, that guarantee you due process
i'm also unaware of any sort of violation and puni9shment you can't fight, whehter it's from the DOT< DMV or a regular criminal case. now, dealing with those government agencies is often prettyl futile, but you can always challenge a violation as far as i know.
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i'm also unaware of any sort of violation and puni9shment you can't fight, whehter it's from the DOT< DMV or a regular criminal case. now, dealing with those government agencies is often prettyl futile, but you can always challenge a violation as far as i know.
that's what he gets for carrying around douchebags with mohawks... and drinking and driving... and drinking underage.... and having something illegal on his car...
Don't get me wrong, the justice system is set up so that defendants, even guilty ones, have their chance to "get out of it." But, this is the kind of shit that happens to underage drunk drivers who have friends with mohawks. You better get used to it.
Instead of trying to get him off, why not use this as a way to say, "This is what you get for doing the things you were doing."
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that's what he gets for carrying around douchebags with mohawks... and drinking and driving... and drinking underage.... and having something illegal on his car...
Don't get me wrong, the justice system is set up so that defendants, even guilty ones, have their chance to "get out of it." But, this is the kind of shit that happens to underage drunk drivers who have friends with mohawks. You better get used to it.
Instead of trying to get him off, why not use this as a way to say, "This is what you get for doing the things you were doing."
You mentioned DOT and that your son was arrested. Thus, it sounds like you have both a Department of Transportation hearing scheduled on the fact that he as underaged with alcohol present in his system AND potentially a criminal matter pending for DUI. But your post makes it unclear.
If that is the case, re: the DOT matter, the basis for the stop is not an issue, unfortunately, because it is an administrative hearing, without the same consitutional protections. The issue is whether the officer had probable cause to believe that your son was under the influence. The standard is preponderance, not beyond a reasonable doubt. An attorney may be helpful because the DOT has to prove that he was under the influence.
In the criminal matter, the issue of the stop is relevant. The stop cannot be pretextual (stopped for no reason). If the law isn't clear on the license plate cover, you may have a challenge. The trade-off, though, is the Iowa Statute does not allow a minor to have alcohol in his system. So, the fact that he had alcohol in his system is prima facia evidence of guilt, presuming the stop cannot be suppressed. You may be able to negotiate this to a Driving to Endganger or Reckless Driving, etc. He doesn't want a DUI conviction on his record.
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Bandit:
You mentioned DOT and that your son was arrested. Thus, it sounds like you have both a Department of Transportation hearing scheduled on the fact that he as underaged with alcohol present in his system AND potentially a criminal matter pending for DUI. But your post makes it unclear.
If that is the case, re: the DOT matter, the basis for the stop is not an issue, unfortunately, because it is an administrative hearing, without the same consitutional protections. The issue is whether the officer had probable cause to believe that your son was under the influence. The standard is preponderance, not beyond a reasonable doubt. An attorney may be helpful because the DOT has to prove that he was under the influence.
In the criminal matter, the issue of the stop is relevant. The stop cannot be pretextual (stopped for no reason). If the law isn't clear on the license plate cover, you may have a challenge. The trade-off, though, is the Iowa Statute does not allow a minor to have alcohol in his system. So, the fact that he had alcohol in his system is prima facia evidence of guilt, presuming the stop cannot be suppressed. You may be able to negotiate this to a Driving to Endganger or Reckless Driving, etc. He doesn't want a DUI conviction on his record.
You mentioned DOT and that your son was arrested. Thus, it sounds like you have both a Department of Transportation hearing scheduled on the fact that he as underaged with alcohol present in his system AND potentially a criminal matter pending for DUI. But your post makes it unclear.
If that is the case, re: the DOT matter, the basis for the stop is not an issue, unfortunately, because it is an administrative hearing, without the same consitutional protections. The issue is whether the officer had probable cause to believe that your son was under the influence. The standard is preponderance, not beyond a reasonable doubt. An attorney may be helpful because the DOT has to prove that he was under the influence.
In the criminal matter, the issue of the stop is relevant. The stop cannot be pretextual (stopped for no reason). If the law isn't clear on the license plate cover, you may have a challenge. The trade-off, though, is the Iowa Statute does not allow a minor to have alcohol in his system. So, the fact that he had alcohol in his system is prima facia evidence of guilt, presuming the stop cannot be suppressed. You may be able to negotiate this to a Driving to Endganger or Reckless Driving, etc. He doesn't want a DUI conviction on his record.
Good stuff. We will try that. APK, happenned in Iowa. I thought the same thing, we are constitution al rights. NOT, in this case because it is an admin hearing, with the DOT. I have very recently spoken with two different lawyers. They both wish somebody who had deep pockets would fight this, as they both strongly believe this is unconstitutional. Both knowing I do not want to take it that far, spending this much time, as both stated it may go to the Iowa Supreme Court. Thanks everyone (mostly) for your input.
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Quote Originally Posted by djbrow:
Bandit:
You mentioned DOT and that your son was arrested. Thus, it sounds like you have both a Department of Transportation hearing scheduled on the fact that he as underaged with alcohol present in his system AND potentially a criminal matter pending for DUI. But your post makes it unclear.
If that is the case, re: the DOT matter, the basis for the stop is not an issue, unfortunately, because it is an administrative hearing, without the same consitutional protections. The issue is whether the officer had probable cause to believe that your son was under the influence. The standard is preponderance, not beyond a reasonable doubt. An attorney may be helpful because the DOT has to prove that he was under the influence.
In the criminal matter, the issue of the stop is relevant. The stop cannot be pretextual (stopped for no reason). If the law isn't clear on the license plate cover, you may have a challenge. The trade-off, though, is the Iowa Statute does not allow a minor to have alcohol in his system. So, the fact that he had alcohol in his system is prima facia evidence of guilt, presuming the stop cannot be suppressed. You may be able to negotiate this to a Driving to Endganger or Reckless Driving, etc. He doesn't want a DUI conviction on his record.
Good stuff. We will try that. APK, happenned in Iowa. I thought the same thing, we are constitution al rights. NOT, in this case because it is an admin hearing, with the DOT. I have very recently spoken with two different lawyers. They both wish somebody who had deep pockets would fight this, as they both strongly believe this is unconstitutional. Both knowing I do not want to take it that far, spending this much time, as both stated it may go to the Iowa Supreme Court. Thanks everyone (mostly) for your input.
that's what he gets for carrying around douchebags with mohawks... and drinking and driving... and drinking underage.... and having something illegal on his car...
Don't get me wrong, the justice system is set up so that defendants, even guilty ones, have their chance to "get out of it." But, this is the kind of shit that happens to underage drunk drivers who have friends with mohawks. You better get used to it.
Instead of trying to get him off, why not use this as a way to say, "This is what you get for doing the things you were doing."
Seriously, what is your problem. He knows he was wrong. I know he was wrong. He "gets" it. Nobody is saying pooh, pooh, poor boy, everyone is picking on you. He is working, going to college. He has done well in school, he has never been in trouble before with the law, or any institution. I believe what the scary part is, and if you had a brain, you should be concerned too that there are some stops law enforcement can make, just because. This was one. We are a society of rules. That's what makes things work. The officer stated he was stopped because of the lic plate cover. There was nothing wrong with it, and they ARE leagal in Iowa. Every 19/20 year old in the car had at most, 2 beers. I know, I took them home. NObody was drunk, or evern tipsy. So any law enforcement officer (at least in Iowa) can profile and pull people over, and do something like this? Have we gone too far? One bad judgement like this can hurt a kid for the rest of his life? Just seems a little tough for anybody. Congratulations for being perfecty Wendyrox. I knew there was one here. BTW, as if it should matter anyway, the kid with the Mohawk was just having fun with it. He is a starter on the basketball team, cross country, in choir, and an honor student. Never been in trouble with anyone ever either. Don't be such a douche. Must be awesome to be perfect. Congrats.
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Quote Originally Posted by WendysRox:
that's what he gets for carrying around douchebags with mohawks... and drinking and driving... and drinking underage.... and having something illegal on his car...
Don't get me wrong, the justice system is set up so that defendants, even guilty ones, have their chance to "get out of it." But, this is the kind of shit that happens to underage drunk drivers who have friends with mohawks. You better get used to it.
Instead of trying to get him off, why not use this as a way to say, "This is what you get for doing the things you were doing."
Seriously, what is your problem. He knows he was wrong. I know he was wrong. He "gets" it. Nobody is saying pooh, pooh, poor boy, everyone is picking on you. He is working, going to college. He has done well in school, he has never been in trouble before with the law, or any institution. I believe what the scary part is, and if you had a brain, you should be concerned too that there are some stops law enforcement can make, just because. This was one. We are a society of rules. That's what makes things work. The officer stated he was stopped because of the lic plate cover. There was nothing wrong with it, and they ARE leagal in Iowa. Every 19/20 year old in the car had at most, 2 beers. I know, I took them home. NObody was drunk, or evern tipsy. So any law enforcement officer (at least in Iowa) can profile and pull people over, and do something like this? Have we gone too far? One bad judgement like this can hurt a kid for the rest of his life? Just seems a little tough for anybody. Congratulations for being perfecty Wendyrox. I knew there was one here. BTW, as if it should matter anyway, the kid with the Mohawk was just having fun with it. He is a starter on the basketball team, cross country, in choir, and an honor student. Never been in trouble with anyone ever either. Don't be such a douche. Must be awesome to be perfect. Congrats.
[Quote: Originally Posted by The Hawk] "What the fuck are you talking about? A clear license plate cover makes it hard for cops to laser your license plate?
The only reason I can see for having any kind of license plate cover is to prevent traffic/toll booth cameras from seeing seeing the plate number at an angle. "
THAT'S CORRECT ON BOTH COUNTS. Google it, stupidFAIL
[/Quote
it also protects the plate from rusting out, if you have a nice car why would u want a rusty ass plate on it??
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[Quote: Originally Posted by The Hawk] "What the fuck are you talking about? A clear license plate cover makes it hard for cops to laser your license plate?
The only reason I can see for having any kind of license plate cover is to prevent traffic/toll booth cameras from seeing seeing the plate number at an angle. "
THAT'S CORRECT ON BOTH COUNTS. Google it, stupidFAIL
[/Quote
it also protects the plate from rusting out, if you have a nice car why would u want a rusty ass plate on it??
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