legal issue

Discussion in 'General Conversation' started by Wil, Mar 15, 2009.

  1. Wil

    Wil New Member

    Messages:
    1,746
    State:
    Minden Nebraska
    i have a buddy that recently got ticketed for dui and mip and .02 violation. he was pulled over doing 66 in a 65 and after 5 minutes in the cruiser blew 083 then later blew 079. his court date is on the 23rd of this month. the issue is this. the country has not filed charges and his lawyer has sent two letters to them asking for information so they could make a case and stuff.

    1- what is an .02 violation?
    2- why do u think they have taken so long to file charges
    3- what happens if they dont have charges filed by the time his court date arrives

    any incite would be appreciated
     
  2. Kutter

    Kutter New Member

    Messages:
    5,379
    State:
    Arnold, MO
    Not sure how it works in your state. Most states, if he got a ticket, that is the charge. Unusual for a DUI, even more unusual for it to go to court so soon. Most DUI's I am aware of take several months to process through and definitely are not a violation handled by just a ticket.
     

  3. Wil

    Wil New Member

    Messages:
    1,746
    State:
    Minden Nebraska
    he hasnt gotten anything from the state about his license either
     
  4. Kutter

    Kutter New Member

    Messages:
    5,379
    State:
    Arnold, MO
    By not knowing the individual facts, I am guessing they just wrote him a ticket for MIP and let it go at that.
     
  5. Dirtdobber

    Dirtdobber Guest Staff Member

    Messages:
    3,584
    State:
    Vian Okla
    In Okla. you go to jail on a DUI. I don't know what a MIP is. It will be hard to prosicute on 1 mile over. How old is he? If he is under age that could be a problem.
     
  6. cheapNdisgusting

    cheapNdisgusting Well-Known Member Supporting Member Supporting Member

    Messages:
    17,927
    State:
    Yonder in Mo.
    Name:
    Russ
    MIP means "minor in possession" and I don't have a clue on the .02
     
  7. CuzICan

    CuzICan New Member

    Messages:
    1,751
    State:
    Fayetteville, A
    Around here they treat dui harshly in the court system,especially with minors, and the first court date is usually a plea date, and to make sure the alledged offender is represented. here if you go in without a lawyer they will assign you one if you can't pay or tell you to get one.


    Minors can be written DUI for a much lesser level of intoxication than adults too. My son just said that here if you are under 18 and you have alcohol show at all, they write you.

    You said he blew 3 times and probably the officer used 3 different level detectors is what it sounds like to me. Can't really know without being there though
     
  8. plainsman

    plainsman New Member Supporting Member

    Messages:
    7,187
    State:
    minnesota
    If he ain't heard nothin he probably will, minor in possession they just don't let slide, they may include exceeding the speed limit, and could figure they are giving him a break on .02 since being a minor its against the law and if he argues they can throw the DUI on him to keep him from fighting it. On the other hand, they might not have calibrated the machine they have with em, and some places it has to be calibrated everyday to be used as evidence. Hard to tell what they got planned without discussing it with them, and if they don't answer the lawyer just can't tell.
     
  9. Wil

    Wil New Member

    Messages:
    1,746
    State:
    Minden Nebraska
    hes 18
     
  10. Wil

    Wil New Member

    Messages:
    1,746
    State:
    Minden Nebraska
    no he got .02 and a dui.. its like the same thing isnt it?
     
  11. Dirtdobber

    Dirtdobber Guest Staff Member

    Messages:
    3,584
    State:
    Vian Okla
    In Okla. if he blew over.0 and is 18 it is a DUI. When I was a deputy I have seen kids go to jail on DUI for blowing .01. I never had one that low. No slack on drinking and driving, I had to pull to many people out of mangled cars and tell friends that their child is not coming home. I pulled my best friend out of a car wreck dead because he was drinking and driving.

    I'll get off my soap box now. If you want to drink OK, just don't drive.
     
  12. Grimpuppy

    Grimpuppy New Member

    Messages:
    3,556
    State:
    Concordia, KS
    It is not the same thing. There are 2 different laws he broke.

    Nebraska has a zero tolerance law for people under 21. It is unlawful to operate a vehicle with a .02 or more if you are under 21. This is not DUI. He broke this law by operating a vehicle with a bac over .02 while under 21 years of age. Since he blew over a .02 there is not much he can do about this unless the lawyer can find something that was not done correctly during the process.

    The second law he broke is the DUI law because he blew over .08 in the car. He was driving under the influence. Since he blew under .08 at the station maybe the lawyer can do something about the DUI. I know if it was my lawyer I would be having him look at it.

    Maybe your buddy needs a new lawyer if you have to seek legal advice from the internet.
     
  13. Grimpuppy

    Grimpuppy New Member

    Messages:
    3,556
    State:
    Concordia, KS
    NEBRASKA’S ADMINISTRATIVE LICENSE REVOCATION LAW
    (60-498.01 through 60-498.04) The Administrative License Revocation Law (ALR) allows a law enforcement officer to confiscate the license of a drinking driver on the spot when certain conditions are met. The ALR is applied administratively by the Department of Motor Vehicles. The penalties for the ALR are separate and distinct from any penalties assigned by the court for a conviction of drunk driving exceeding .08blood alcohol concentration level or a conviction for driving under the influence.
    The procedure for the ALR is as follows:
    1. The police officer pulls over the suspected drunken driver. If the driver acts drunk or performs poorly on field sobriety tests, the officer arrests the motorist for driving while under the influence.
    2. The driver is asked to take breath, blood, or urine test.
    3. If the driver fails or refused the test, the officer immediately impounds the license and tells the driver that the license will be revoked in 30 days.
    4. The officer provides the driver with a 30-day driving permit and information regarding administrative hearing.
    5. If the driver refused the test, the license is automatically revoked for one year.
    6. If the driver fails the test, the license is revoked for 90 days for a first offense. Second offense is a 1 year revocation.
    7. The driver may request a hearing and the Department of Motor Vehicles schedules one within 20 days of the receipt of the request.
    8. At the hearing, the driver may only present evidence that he or she did not fail or refuse to take the test.
    9. If the Director of Motor Vehicles determines the driver has failed or refused to take the test, the license is revoked for 90 days or one year. (See 5 and 6)
    10. If the Director of Motor Vehicles determines that the driver did not fail or refuse the test, the revocation is dismissed and the license is returned.
    11.If the driver disputes the decision by the Director, an appeal can be filed with the district court.
     
  14. plainsman

    plainsman New Member Supporting Member

    Messages:
    7,187
    State:
    minnesota
    Well, its been answered, about what I thought. I'd hate to be in his shoes, but thats what happens when ya get caught. Seems like the guy will get hammered pretty good, but maybe they will drop some charges in the interest of justice. Saves time, and he still is busted. Hope he learns something from this, better than getting busted for being in a wreck after having a few.