Help with the laww in Fairfax Va
08-14-05, 05:03 PM
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Help with the laww in Fairfax Va
Ok heres the story, i'm hoping you guys will be able to help me but i'm sure the laws are different in every state but maybe someone can enlighten me?
Ok I'm at my friends house last night and were having fun just hanging out with a few people, i have a few beer bongs. Well 7, and then 3 beers seperately, i have to work at 10 am so i leave his house at 9 am and i notice this cop starts trailing me and i'm like ****. Mind you all i'm not speeding or anything..but my inspection sticker isn't in my window because i didn't pass due to an electrical issure in my right turn signal. I got it fixed though, but just never had the chance to take it back to get it inspected, as soon as that happened i knew what was going to happen. He explained why he pulled me over and then asked me to step out of the car and they did that pen test and he asked me to follow it with my eyes blah blah blah. I wasn't even drunk and i could'nt do that thing accurately, i kept moving my head because he was moving out of my vision, plus i just woke up! So basically he makes me take a breathalizer? Don't know if my spelling is correct. I blow a .0397 which is like nothing, i really should have said i had listerine but oh well its too late, i had to tell him i had been drinking the night before and everything he gave me a possesion charge ABC. I live in Fairfax, Virginia and i'm wondering whats going to happen to me, i'm only 17 so i don't know what i can do about this. I'm so mad it happened this way i would have rather been **** drunk when he stopped me instead of sober which pisses me off. Thanks for the future replies guys.
Ok I'm at my friends house last night and were having fun just hanging out with a few people, i have a few beer bongs. Well 7, and then 3 beers seperately, i have to work at 10 am so i leave his house at 9 am and i notice this cop starts trailing me and i'm like ****. Mind you all i'm not speeding or anything..but my inspection sticker isn't in my window because i didn't pass due to an electrical issure in my right turn signal. I got it fixed though, but just never had the chance to take it back to get it inspected, as soon as that happened i knew what was going to happen. He explained why he pulled me over and then asked me to step out of the car and they did that pen test and he asked me to follow it with my eyes blah blah blah. I wasn't even drunk and i could'nt do that thing accurately, i kept moving my head because he was moving out of my vision, plus i just woke up! So basically he makes me take a breathalizer? Don't know if my spelling is correct. I blow a .0397 which is like nothing, i really should have said i had listerine but oh well its too late, i had to tell him i had been drinking the night before and everything he gave me a possesion charge ABC. I live in Fairfax, Virginia and i'm wondering whats going to happen to me, i'm only 17 so i don't know what i can do about this. I'm so mad it happened this way i would have rather been **** drunk when he stopped me instead of sober which pisses me off. Thanks for the future replies guys.
08-14-05, 07:11 PM
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do your parents know about it yet?
i'd consult with them, since this will affect insurance...and STOP DRINKING AND DRIVING AT YOUR AGE!! for the love of all that is good...you should know better.
i'd consult with them, since this will affect insurance...and STOP DRINKING AND DRIVING AT YOUR AGE!! for the love of all that is good...you should know better.
08-14-05, 08:16 PM
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i wasn't anywhere close to being drunk, .36 is what it was actually i just misread it earlier, thats the equivalent of less than a beer man.
08-14-05, 08:44 PM
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Originally Posted by tjeter
yea my mom knows she picked me up.
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08-19-05, 01:21 PM
#8
Back in the 7 life again
law wise they can deffinatly screw you
parents wise, you did the right thing. I dont know the policy on drinking within your family but mine is that if you have been drinking and are smart enough to stay the night at your friends place then you are a-ok with me. If they do take you to court then just be honest and tell the judge why he should be lenient. Stress the fact that you are 17 and are already mature enough to know to sleep it off rather than drive drunk.
parents wise, you did the right thing. I dont know the policy on drinking within your family but mine is that if you have been drinking and are smart enough to stay the night at your friends place then you are a-ok with me. If they do take you to court then just be honest and tell the judge why he should be lenient. Stress the fact that you are 17 and are already mature enough to know to sleep it off rather than drive drunk.
08-19-05, 01:41 PM
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Actually i called it in, and i do not have the option to pay it off. But i'd rather go to court and speak my mind we have a lawyer too. According to the law the judge has the right to suspend my liscense if he or she decides too, also i can get a restricted liscense to go to school and work. Also there is a mandatory $500 fine, but you can get 50 hours of community service so community service here i comeee! Yeah, i really don't see the big deal why the cop had to be an ******* and give me the ticket, i blew a .036 for someone my size thats 3/4 a beer. I mean i know there is a no tolerance law but c'mon. I was smart enough not to drive home like crunk juiced out of my mind.
08-19-05, 02:45 PM
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Originally Posted by tjeter
Yeah, i really don't see the big deal why the cop had to be an ******* and give me the ticket, i blew a .036 for someone my size thats 3/4 a beer. I mean i know there is a no tolerance law but c'mon. I was smart enough not to drive home like crunk juiced out of my mind.
08-19-05, 04:27 PM
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Alright dude, you don't have to be a dick about it. This was really a help section if you want to be an difficult about it don't post, that was really aimed towards su maverick anyways not you. So next time i have something to say to you i'll say your name alright? Also i was smarter about it than most adults would be, some adults would even go driving that same night after drinking. I'm not stupid i didn't go driving the same day so i really don't even care about the charge anymore, or your opinion for that matter. For all the officer knows it could have been listerine, but i was responsible and admitted it.
Last edited by tjeter; 08-19-05 at 04:31 PM.
08-19-05, 07:31 PM
#13
Originally Posted by falnfenix
glad to hear it. talk to your parents about this, and figure it out with them.
Being responsible not to make 2 wrongs is good...but it's still irresponsible enough to do one wrong...
Your BEST bet is to take it to court(if you have the option).
Originally Posted by tjeter
AAccording to the law the judge has the right to suspend my liscense if he or she decides too, also i can get a restricted liscense to go to school and work.
Also there is a mandatory $500 fine, but you can get 50 hours of community service so community service here i comeee!
Yeah, i really don't see the big deal why the cop had to be an ******* and give me the ticket, i blew a .036 for someone my size thats 3/4 a beer. I mean i know there is a no tolerance law but c'mon. I was smart enough not to drive home like crunk juiced out of my mind.
The po-po...I don't like 'em, but I understand them (to an extent)~Ramy
08-19-05, 08:57 PM
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Maybe there is a reason there is a law about 21 and older to consume alcohol. I think, now this is just a thought, that it MIGHT be because kids our age are irresponsible. Crazy me but thats me. Im 18 and i've never had any alcohol or smoked anything. I plan on being successful and aocohol won't help me get there. Won't help you either.
08-19-05, 09:14 PM
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Originally Posted by tjeter
i wasn't anywhere close to being drunk, .36 is what it was actually i just misread it earlier, thats the equivalent of less than a beer man.
A 0.36 BAC and you'd be either comatose or dead.
You must mean 0.036... In which case, I'll ask again:
Did you take Driver's Ed?
From Pg. 33 pf the driver's handbook:
ZERO-TOLERANCE :
If you are under age 21, you can NOT purchase, possess, or consume alcohol [legally]. If you are convicted of driving after illegally consuming alcohol, and your BAC was at least 0.02 percent and less than 0.08 percent, you can be fined up to $500, have your driver's license suspended for six months, and face a possible jail term.
Persons under age 21 who drive under the influence of drugs or with a blood alcohol content of 0.08 percent or higher are subject to the same penalties as persons age 21 or older.
If you are under age 21, you can NOT purchase, possess, or consume alcohol [legally]. If you are convicted of driving after illegally consuming alcohol, and your BAC was at least 0.02 percent and less than 0.08 percent, you can be fined up to $500, have your driver's license suspended for six months, and face a possible jail term.
Persons under age 21 who drive under the influence of drugs or with a blood alcohol content of 0.08 percent or higher are subject to the same penalties as persons age 21 or older.
http://www.dmv.state.va.us/webdoc/ge...ws.asp?id=4813
Underage Drinking and Possession of Alcohol
Any person under age 21 who consumes, obtains, possesses or purchases alcohol will be charged with a class one misdemeanor. If a person aids or assists in providing alcohol to an underage person, he or she will be charged with a class one misdemeanor. Any person found guilty will be required to pay a minimum fine of $500, ordered to perform a minimum of 50 hours of community service, and may have his or her driver's license suspended for up to one year.
Any person under age 21 who consumes, obtains, possesses or purchases alcohol will be charged with a class one misdemeanor. If a person aids or assists in providing alcohol to an underage person, he or she will be charged with a class one misdemeanor. Any person found guilty will be required to pay a minimum fine of $500, ordered to perform a minimum of 50 hours of community service, and may have his or her driver's license suspended for up to one year.
Yes or No: Was your BAC over 0.02%?
Yes or No: Are you under 21 years of age?
Yes or No: Did you get caught?
So how can you say:
Originally Posted by tjeter
I mean i know there is a no tolerance law but c'mon.
Not trying to kick you in the nuts or anything, but that's the rules of the game. I don't claim to be perfect, Hell... Drinking was old by the time I turned 21.
None the less, this is the reason I'm VERY paranoid the day after I've been drinking, and I always calculate hours and drinks and weight and ****... When I was under 21, I didn't go out the day after drinking. Although I was usually still drunk at the time, but that's besides the point. Got **** to do the following day? Don't drink.
**** happens, you can't go back and erase it or start over again... Best thing to do is make sure it doesn't happen again in the future.
I'm not saying don't drink because that'd be hypocritical... As stated before, I used to drink my *** off...Still do on occasion. Just don't get caught. Best bet is to gurantee that you'll be blowing a 0.00 if they do.
In Virginia, ALWAYS assume there's a cop behind you or around the next corner.
Last edited by Pele; 08-19-05 at 09:19 PM.
08-19-05, 11:19 PM
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Ok we'll just have to see what happens with this, i thought there was a $500 fee or 50 hours of community service, so i guess i'm fucked there. My mom will be mad but theres nothing we can do about that, oh well i have a lawyer so we'll see where it goes from there.
08-20-05, 11:41 PM
#17
That's such bullshit. You were responsible enough to actually sleep it off rather then drive intoxicated home. I would explain everything to the judge, I know fairfax judges are asshats, but explain that instead of driving drunk you slept it off and then left in the morning, most kids your age don't even have that much common sense. You'll definatly need a lawyer when you go to court.
08-21-05, 01:34 AM
#18
Originally Posted by Mazda84GSLSE
Im 18 and i've never had any alcohol or smoked anything. I plan on being successful and aocohol won't help me get there. Won't help you either.
Originally Posted by Pele
In Virginia, ALWAYS assume there's a cop behind you or around the next corner.
Oh man you crack me up. Soooo true. I wonder if they did some surveying what the ratio of regulars to police would be on any given street in NoVa. On a Friday or Saturday evening, I think it can get as high was 1 to 5 lol.
Originally Posted by tjeter
i thought there was a $500 fee or 50 hours of community service
Originally Posted by f1blueRx7
That's such bullshit. You were responsible enough to actually sleep it off rather then drive intoxicated home. I would explain everything to the judge, I know fairfax judges are asshats, but explain that instead of driving drunk you slept it off and then left in the morning, most kids your age don't even have that much common sense. You'll definatly need a lawyer when you go to court.
Again, that's not what I believe; it's just their perspective, and really, when you think about it, their perspective is the ONLY one that really counts, since that's what they use when they're passing judgement...
08-21-05, 07:11 PM
#19
I don't understand how a judge like that can retain an office after so many poor judgements.
While you have a point (which I addressed in my earlier post), keep in mind (as mentioned in my earlier post) that the Judge will see him as being a delinquent in training. He's only 17 or 18, and drinking already (it IS against the law...so in the Judge's eyes, he's a hoodlum. A trouble maker from the start). "DUIs will surely be in this guy's future history" is what the Judge's thinking. So he's gonna throw the book, gavel, and anything else he can get his hands on at him to try and get him to sober up (permanently) before he becomes the next problem child.
Again, that's not what I believe; it's just their perspective, and really, when you think about it, their perspective is the ONLY one that really counts, since that's what they use when they're passing judgement...
Originally Posted by FDNewbie
While you have a point (which I addressed in my earlier post), keep in mind (as mentioned in my earlier post) that the Judge will see him as being a delinquent in training. He's only 17 or 18, and drinking already (it IS against the law...so in the Judge's eyes, he's a hoodlum. A trouble maker from the start). "DUIs will surely be in this guy's future history" is what the Judge's thinking. So he's gonna throw the book, gavel, and anything else he can get his hands on at him to try and get him to sober up (permanently) before he becomes the next problem child.
Again, that's not what I believe; it's just their perspective, and really, when you think about it, their perspective is the ONLY one that really counts, since that's what they use when they're passing judgement...
08-21-05, 07:31 PM
#20
Originally Posted by f1blueRx7
I don't understand how a judge like that can retain an office after so many poor judgements.
08-22-05, 07:36 AM
#24
Originally Posted by FDNewbie
Simple: no one has the guts and/or power to do something about it. I've toyed w/ the idea of starting a "Responsible VA Drivers Against Irresponsible Judge Horan" movement/organization, but I dunno how much actual serious committed support it would get...