DUI WTF I wasnt driving

She was able to get a license shortly after this happened..

 

"The book" is a very common expression referring to the maximum available under the law.

It is an irrational claim to suggest that the unlicensed driver was driving the vehicle. It is also HIGHLY IRRESPONSIBLE to allow an unlicensed driver to operate your vehicle.

The claim that the unlicensed driver was actually driving would not satisfy the law's requirement for reasonable doubt.

 

Calm down. If he was drinking, no one wants him behind the wheel. We don't have details on the driver not having a licence.

Your opinion is valid, just not really applicable to the thread.

 

It’s more IRRESPONSIBLE to drive while drunk.

 

Uber. Nuff Said.

 

I think you missed my point of asking “what book”. Allowing someone without a license to drive your car is not against the law. It is only a violation for the person committing the offense of driving without a license.

 

And you clearly don't get it that NOBODY WILL BELIEVE that the unlicensed driver was driving.

I don't.
Just because some guy came on an internet forum and claimed it does not make it true.

 

Thats not accurate and is a mistake that defense attorneys would love to see made. Police are required to mirandize anyone they formally take into custody because it is past that point that you could self-incriminate, which is what Miranda rights exist to protect you from doing involuntarily.

 

Presumably, if this case had made it to trial and OP's girlfriend was called as a witness for the defense, she would testify under oath that she was driving. It makes no difference in the case if she has a DL. Plenty of reasonable doubt there to get OP off the hook. Even if no trial, she could swear in a written deposition that she was driving at the time of OP's arrest. As long as the girlfriend was willing to testify one way or another that she, not OP, was the driver, no prosecutor would waste their time with this case as it's a sure fire loser, which is why they dismissed it after OP refused to take a deal.

 

Well... this was a fun read. Glad you got off the hook OP

 

Its not as cut and dry as you make it seem. Even if she claimed to be driving, they shouldn't accept it as true given their relationship.

 

What are you even wasting your breath for? If you don't believe the core of OPs original post, arguing any further is completely pointless. You should simply be telling OP he is a lier instead.

Thankfully, you are not the DA or the Judge, and have about a 0% chance of being either with your perspectives.

Nobody said the OP made good decisions. He obviously made a mistake, or a few, and i'm sure has learned his lesson. The FACTS stated by OP are that he was NOT driving and was therefore HE was not breaking the law. The rest is for the Judge to decide. He mentioned his GF received her license shortly after, and the case was dropped before trial. It is not a coincidence the case was dropped... Especially when he had a court appointed lawyer, which are typically not working very hard on your behalf due to their extreme work loads, and much easier wins for the DA if evidence is on their side (which is apparently was not). Give the guy a break.

 

Apparently, the DA's office did not think they had a winnable case or they would have taken it before a judge rather than dismiss it. Nobody needs to accept it as true, just need to have reasonable doubt that the defendant is not guilty. Seems to me that threshold has been met with the GF's cooperation. The fact that she did not have a DL at the time is immaterial to the case, especially if it can be established that she drives the car frequently.

 

And it’s about as clear as mud that he was driving. The police rolled up on them, while they were both at the back of the car, absolutely no evidence that he was the driver

 

He is a keyboard warrior. Probably triggered by something else that went wrong in his world.

 

I just realized this was from over a year ago after I typed up what you see below...

The OP’s story is why I believe even law abiding citizens don’t much care for the police.

Were the keys in the ignition? As stupid as it sounds, you can get a DUI just because the keys are in the ignition. If this was the case and the cops thought you were driving, then that’s why you probably got arrested...

I have actually been hit by a drunk driver in my truck (by a repeat offender who killed somebody while driving drunk years prior to hitting me), and I still think DUI laws in this country are utter bullshit. Sounds like they assumed you were the driver. Hire a good lawyer and try to get as much as money as you possibly can from the CHP for both wrongful arrest and pain and suffering. That way you’ll have enough money to pay the lawyer and get yourself out of debt!

I support law enforcement, but like I said think DUI laws are BS. My uncle has been a cop in New Jersey for almost 30 years and he thinks that DUI checkpoints are unconstitutional, and I 100% agree with him!

Don’t even get me started on the number of my friends who got their licenses suspended for underage drinking when they were nowhere near a motor vehicle!

If somebody is a repeat offender and/or injures or kills somebody while driving drunk, then they should have the book thrown at them. First time offenders should get a lot more leniency.

 

I also neglected to read this before I made my post, but glad it worked out OP!

That said, sometimes I think that Law Enforcement Officers should be called Revenue Generation Officers. Most of the time all they care about is generating money for the state!

 

Yes it is.

Mass Laws: Different by state of course.
Allowing a Person Without a Valid License to Operate a Motor Vehicle carries the following potential penalties

• $1,000 fine
• 1 year in jail
• 1 year loss of license
• 1 year suspension of vehicle registration

A subsequent conviction for this offense carries the following potential penalties

• $1,000 fine (minimum) up to $1,500 fine
• 2 1/2 years in jail
• 1 year loss of license
• 1 year suspension of vehicle registration

 

I have never gotten a DUI or lost my driver’s license, but I have been pulled over three times. The first time was for speeding (43 MPH in a 25 MPH zone; my very first offense) after 11pm with nobody else on the road. I fought the ticket and got it knocked down to 5 MPH over, which means no points on my license.

The second time was for making a left turn on a red light, also late at night. The straight lights were green, but the left turn arrow was red. I was tired, impatient, less than 10 minutes from home, and not thinking clearly. The cop let me off with a warning.

 

how does 'keys in the ignition' work with push to start autos?
anyone have experience with this & DUI enforcement?
example: you are in a car with push to start (no traditional ignition/keys), drunk & resting + you have the radio on but the car is off
how would the law/cops deal with this scenario?

it sucks how our culture allows the govt/cops to take advantage of a law abiding citizen if you put alcohol to your lips
the key to alcohol consumption is moderation, & sadly many drinkers dont get this