Got charged with a DUI. I am still in high school. (18 yrs old)

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Flying Saluki

Guest
#21
I am interested in becoming an airline pilot, but recently I was parked with my keys in the ignition sleeping when I got the cops called on me (I know, I am stupid). The officer did all his tests and came to the conclusion I was under the influence. I have gotten a lawyer and hopefully I can get this case dropped or at least reduced to a Reckless Driving. But if it does not get reduced should I not pursue my pilot dream? If I should not give up, and get convicted I know it probably will hurt my chances on getting a job with the majors but with all the retirees in the next 5-10 years do you think I can land a job with the majors? Lastly, will a Reckless driving hurt my chances?
If you weren’t driving, how can they charge you with DUI?
 

DogwoodLynx

Well-Known Member
#22
If you weren’t driving, how can they charge you with DUI?
Don’t have to be driving. In most states being in the front seat with the keys in the ignition is enough.

That’s why if you ever decide to “sleep it off” in your truck put your keys in the trunk or otherwise out of reach (not in the front seat!) and sleep in the back seats.


Advice given to me by a State Trooper in Texas.
 

MidlifeFlyer

Well-Known Member
#23
If you weren’t driving, how can they charge you with DUI?
I don't know if it's universal. In a number of states, the offense has been defined as including being in physical control of a vehicle, usually involving the ability to easily put it in motion.

Generally, "physical control" is a question answered by looking at all the facts and circumstances. One of those is your proximity to the vehicle's controls. Front seat, keys in the ignition, engine running to keep you warm, doesn't take much to put the car in motion, even by accident. Asleep in the back seat, keys put in a place more difficult to access, perhaps a different story. Somewhere in between? That's what trials are about. Care to roll the dice?

Of course, "where" is also relevant. In the parking lot servicing the bar or restaurant, or on the street where the party took place? Along the road you had to drive (under the influence) to get to?
 
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#26
In many states there are conditional dismissals, the terms of which are reportable.
certainly varies from state to state, but a nolle prosse, a directed verdict, a decision not to prosecute after two court terms (after indictment), and of course a not guitly verdict, are all dispositions where the state has little or no recourse. Most conditional sentences start with a guiltly or nolo plea.
Dead docketed cases are a whole nother situation.
 
#27
Meh, it's probably like most other moral/ethical questions these days. Macro-wise, you'll be good as long as political/economic forces dictate you're good. Else, not. Micro-wise, the situation is rather static. The micro half of the equation depends -as it always has- on whom your parents know and how good a lawyer you can afford. That said, the "facts" of your case as stated in your IP would seem to support the dismissal of all charges... IF you can afford a good DUI attorney. Find one whose primary practice is DUIs; They can often work miracles.
Final advice: If you need to drink in order to suffer the slings and arrows of the current outrageous state of humanity, do so in the comfort and safety of your home. Heavy equipment and ethanol rarely mix well; convincing folks of the benefits of combining them is generally an extremely tough row to hoe.
 
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MidlifeFlyer

Well-Known Member
#28
certainly varies from state to state, but a nolle prosse, a directed verdict, a decision not to prosecute after two court terms (after indictment), and of course a not guitly verdict, are all dispositions where the state has little or no recourse. Most conditional sentences start with a guiltly or nolo plea.
Dead docketed cases are a whole nother situation.
I guess "most" is a matter of opinion. "Deferred prosecution" and similar programs in a number of states (including the three I am licensed in) do not require a guilty or nolo or even an Alford plea, but contain conditions, with outright dismissal the end of successful completion.
 
#29
I guess "most" is a matter of opinion. "Deferred prosecution" and similar programs in a number of states (including the three I am licensed in) do not require a guilty or nolo or even an Alford plea, but contain conditions, with outright dismissal the end of successful completion.
Maybe I'm just dense or we're going around in circles, but a I would not consider a "deferred prosecution" or a deferred adjudication a dismissal. All one is doing is delaying a final disposition. A dismissal is a dismissal, and a an acquittal is an acquittal. In my state, unless things have changed, if you want to avail yourself to the deferred adjudication provisions of the first offender statute you must plea guilty or nolo, it doesn't mean that the charge/accusation cannot be eventually dismissed, but until its dismissed, it's not. ...And then when it is it is.
 

MidlifeFlyer

Well-Known Member
#30
Maybe I'm just dense or we're going around in circles, but a I would not consider a "deferred prosecution" or a deferred adjudication a dismissal. All one is doing is delaying a final disposition. A dismissal is a dismissal, and a an acquittal is an acquittal. In my state, unless things have changed, if you want to avail yourself to the deferred adjudication provisions of the first offender statute you must plea guilty or nolo, it doesn't mean that the charge/accusation cannot be eventually dismissed, but until its dismissed, it's not. ...And then when it is it is.
As I said, states are different in their criminal procedures.
 
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