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      10-15-2006, 06:44 PM   #1
lux.sh
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DUI. Please help me.

Not me, but my best friend got his first DUI ticket. Friday the 13th thing really got him.
He got really drunk(relationship issue, couldn't handle it).
He did the breathing test and came out 0.16(0.08 limit). He doubled it.

Since we never had any experience like this before, we have absoutely no idea what to do at this point.

to make a long story short,
-He got too drunk and felt sick. Wanted to go home, and ran into a pole. Apparently he blacked-out while he was driving for few seconds. Car is totalled(I mean seriously messed up). Cops came, got arrested.

bad part:
-DUI ticket $3700
-License suspension 90 days
-Vehicle totalled, impounded. Release fee $500.

question part:
-Now the insurance company and the towing company(apparently these guys dealt with alot of DUI accidents and they know whats up) is saying that the insurance will not cover the vehicle because it was the DUI accident. Basically, he might get totally screwed over this. Anyone know about this?

-What can he do right now? Should he hire a lawyer? is it even worth getting a lawyer at this point?

Any opinion/help(regarding the "help" part of the issue) appreciated. Thanks in advance.
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      10-15-2006, 07:03 PM   #2
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I'd tell him to get a lawyer, My sister went through the same thing, she blew a .20 though, totalled her car, (she hit a jersey wall), Insurance did get her a new car, and the lawyer was able to get it down to reckless driving since it was a first time offense and she had NO record!! I don't know what your friends record is like but I wish him luck, and at least he didn't kill himself or anyone else!!
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      10-15-2006, 07:41 PM   #3
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Tell your "friend" he/she should be thankful that no one got hurt They should probably retain a competent lawyer. What were the charges that they were arrested for? Was it just DUI?
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      10-15-2006, 07:42 PM   #4
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Get a lawyer. ASAP.
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      10-15-2006, 08:09 PM   #5
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Issues or not, your friend (or atleast his friends out with him) should have stopped him from driving...

I dont have a bleeding heart for those that disobey a SERIOUS driving regulation like that and get punished... The financials of it all are the least of his problems...

I say good for him...
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      10-15-2006, 08:13 PM   #6
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+1
Quote:
Originally Posted by bavarian19
Issues or not, your friend (or atleast his friends out with him) should have stopped him from driving...

I dont have a bleeding heart for those that disobey a SERIOUS driving regulation like that and get punished... The financials of it all are the least of his problems...

I say good for him...
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      10-16-2006, 12:31 AM   #7
lux.sh
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Quote:
Originally Posted by oneshare325
I'd tell him to get a lawyer, My sister went through the same thing, she blew a .20 though, totalled her car, (she hit a jersey wall), Insurance did get her a new car, and the lawyer was able to get it down to reckless driving since it was a first time offense and she had NO record!! I don't know what your friends record is like but I wish him luck, and at least he didn't kill himself or anyone else!!
Damn, 0.20? thats a tough girl right there.
thanks for the input. You said the insurance covered it, mind if I ask which insurance it was? I just can't believe Allstate's full coverage won't cover this incident. Indeed, rules are different for each policies and companies, but talking about a harsh rule.

As for my friend's record, he has one traffic violation ticket, and no accident.

Quote:
Originally Posted by Ascension
Tell your "friend" he/she should be thankful that no one got hurt They should probably retain a competent lawyer. What were the charges that they were arrested for? Was it just DUI?
I believe the charge was just DUI. but as everyone said around me, $3700 for a DUI ticket is on the high side. Most people reported $1000~$1500. Maybe its the pole he damaged.
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      10-16-2006, 12:45 AM   #8
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Are there insurance policies that are voided if the insured incurs a loss while under the influence? I guess he should read his policy to find out.

As for the charge, it'll be on his record for the rest of his life. If he gets in trouble again, one of the things judges consider when sentencing is the person's criminal history. I know judges who feel that DUIs are very serious because you can take out an entire family, rather than just hitting a pole.

I'm thinking he should ask the public defender if getting retained counsel could help him or if it would just be a waste of money.
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      10-16-2006, 03:40 AM   #9
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Quote:
Originally Posted by nabutes
Get a lawyer. ASAP.
Specifically a DUI lawyer!
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      10-16-2006, 09:35 AM   #10
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I hate to hear these sort of problems (drinking, gamblings, drugs). Your friend is very fortunate that no others got hurt. If you must drink the best place to drink is at home (no, not speaking from experience). No need for me to make this into some sort of moral story. Hope all work out for your friend. 90 days license suspension is not too bad.
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      10-16-2006, 10:36 AM   #11
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That's what u get for being stupid. Well tell her next time not to drink that much and don't drive after u drink! I don't know why ppl drink this much and they noe stupid shit will happen. Just get a lawyer and take care of it. She will learn from her mistake....I hope.
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      10-16-2006, 10:36 AM   #12
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Hello Party Plates! That is if your state has those. Ohio's are bright orange with red numbers. Cops can pull you over for nothing just to smell your breath and look in your eyes.

As for your friend, glad he's ok but he deserved it. I told my roommate in college the same thing and then continued to tease him every time he wanted to go somewhere but had to have his gf pick him up. I think he learned his lesson. He got a lawyer and got wreckless op., add to go to a weekend class, and only had driving privledges to work and school for 60 days.
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      10-16-2006, 10:41 AM   #13
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Quote:
Originally Posted by nabutes
Get a lawyer. ASAP.
+1
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      10-16-2006, 02:52 PM   #14
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No sympathy whatsoever for a drunk driver - how many people have to die because some people just can't control their nasty habits...lost my best friend to a drunk driver - he was only 18.......
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      10-16-2006, 03:19 PM   #15
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Quote:
Originally Posted by nabutes
Get a lawyer. ASAP.
+2
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      10-16-2006, 08:01 PM   #16
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Quote:
Originally Posted by Scarabeo
No sympathy whatsoever for a drunk driver - how many people have to die because some people just can't control their nasty habits...lost my best friend to a drunk driver - he was only 18.......
No one asked for sympathy here.
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      10-16-2006, 08:09 PM   #17
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Quote:
Originally Posted by nabutes
Get a lawyer. ASAP.
+3 ...not a place to cheap out either...
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      10-16-2006, 08:16 PM   #18
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A DUI is crime; usually insurance policies, life, property, health, are voided if the claim is a direct result of crime.
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      10-16-2006, 08:17 PM   #19
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i got a DUI in PA, i blew a .06 but because im 20 not 21 the cop fucked me like the *** he is. anyway, get a lawyer...if you take the proper steps, it will get expunged and off your record.
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      10-16-2006, 08:25 PM   #20
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Those of you recommending a lawyer,

is it to get the DUI off his record and prevent license suspension? I assume lawyer cost will be higher than the ticket($3700). Everyone around me is saying he'll need a lawyer just like you guys but I honestly don't know what the lawyer is for.

any explanation guys?
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      10-16-2006, 08:27 PM   #21
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If he's really serious about dealing with this he needs to do a couple of things to start...
1) Start saving money. This is going to be costly both in the short and long term.
2) Retain an attorney who has significant experience with DUI cases.
3) Have that attorney look at his insurance coverage and determine if the claim will be denied.

Because of the severity of this, he should be letting an attorney handle the "who, what, etc" of this and not try to handle it personally or just with friends (no offense to you lux). That's his best shot of coming out of this in the best shape possible.
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      10-16-2006, 08:34 PM   #22
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Quote:
Originally Posted by lux.sh
Those of you recommending a lawyer,

is it to get the DUI off his record and prevent license suspension? I assume lawyer cost will be higher than the ticket($3700). Everyone around me is saying he'll need a lawyer just like you guys but I honestly don't know what the lawyer is for.

any explanation guys?
The attorney will be a great help to him in understanding what his rights are, what the courts/state, etc. will be expecting of him and how to handle it and what is likely to happen based on the exact events of that night.

Getting the DUI off his record based on your information is probably a long shot but he may be able to help get the charges, fines. etc. reduced. A good attorney will have in-depth of the court system and how it's been handling similar DUI cases and he's going to need that kind of help if he wants to walk with anything other than the maximum the state can tag him with. If he walks in with no support, the state will have a field day with him and show no mercy.
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