One Chance at Life
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You are currently reading a thread in /adv/ - Advice
You are currently reading a thread in /adv/ - Advice
>one chance at life
>probably have to plead guilty to DUI 1st offense, it can never be expunged
FUUUUUUUUUUCK
>get pulled over for speeding but otherwise driving fine, no accident, swerving, etc
>but I've had a six pack over the course of a few hours and someone spilled an almost full beer on my shirt, making me reek of beer
>cop at the checkpoint says I smell like alcohol
>ace the field sobriety tests but arrested anyway due to suspicious odor and red eyes
>refuse the chemical test
>every lawyer I talk to says I'll get it reduced since the evidence is minimal and I don't look impaired on the arrest video
>I had 2 17 year old kids with me in the car at the time, I am 19
>Tennessee law states that if anyone under 18 is in the car the driver can be charged with a higher degree of DUI with mandatory 30 DAYS MINIMUM jail time
>lawyers originally tell me I won't get charged with that and I got lucky
>during negotiations with prosecutor prosecutor opens to attorney by smugly declaring I was "undercharged" and there's no deal to be made since I've already been granted leniency
>no deal, plead guilty to DUI or we'll charge you with the endangering a minor charge and you'll have to win at trial to avoid a month in jail
I mean for fucks fucking sake how are 2 fucking 17 year olds children they were with me in the fucking car because they were taking me to a drug dealers house to buy weed, they aren't fucking innocent 12 year old babes
Every other sane and reasonable state has the age for minor in these type cases as less than 16, 15, or 14 often with the requirement the driver be over 21 to be charged
This is bullshit and I want to kill the prosecutor. I want to splatter his daughters guts all over my windshield to show his ugly, dead end career neckbeard ass the real meaning of ENDANGERING A CHILD. I hope every one of his children and grandchildren get raped and slowly tortured to death for his conflating my crime with the endangerment of children.
Fuck MADD. Fuck puritanical DUI laws. Fuck this state and this whole country.
>>17340323
The prosecutor is using a scare tactic on you, that's all. If you passed the field sobriety test, but refused a chemical test, then the most that would come from this is license suspension in the state of Tennessee.
If the only evidence is circumstantial, and there is no actual proof of you being intoxicated beyond the limit set for drivers under the age of 21 in your area, then I think you're fine. The prosecuting attorney has circumstantial evidence (officer testimony), but you have evidence debunking his OPINION because you passed a field sobriety test.
As a former Tennessee resident and current Law student, I would personally fight this charge. DUI laws in your area are an overreach.
Checkpoints are a violation of your right to free travel under the U.S. constitution. Never go beyond providing license/registration information when you are illegally stopped. Never say a single word, never roll down your window (this can give probably cause due to odors), and never do any chemical/blow/blood testing (they are voluntary). You have a legal right to "refuse" anything voluntary.
>>17340323
If I were you I wouldn't plead guilty to the DUI charge. They want to charge you for it but don't have enough evidence, so they're turning to threatening. Without the DUI charge they don't have shit.
>>17340405
Yea I've learned all that crap about checkpoints after the fact but unfortunately the stop itself was valid because I was speeding (15 over, wasn't familiar with the limit in the area)
Oh well thanks for the advice I'm going to talk to my attorney today about everything.
>>17340331
Yes, the consequences are severe and almost always force people to plead out, don't be that guy.
>Fuck MADD
I agree.
>Endangering a child
Prosecutors in your area are overzealous, this is quite frequently the by-product of them wanting to run for higher office. Again, don't be that guy, fight this tooth and nail.
>>17340415
Good luck, anon. Remember, it must be proven beyond a reasonable doubt (there is reasonable doubt here) for the additional charges to have any merit.
