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  #1  
Old 11-30-2012, 11:31 AM
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Default Need legal help

18 yr old daughter got ovi. 0.04 bac.
.02 in Ohio is ovi when under 21.
What's cheaper, hiring atty. or dealing with the ovi. Understand, not rolling in cash.
Any precedents or experiences or opinions, appreciated.
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Old 11-30-2012, 11:34 AM
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Default Re: Need legal help

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Originally Posted by Carlos Spicyweiner View Post
18 yr old daughter got ovi. 0.04 bac.
.02 in Ohio is ovi when under 21.
What's cheaper, hiring atty. or dealing with the ovi. Understand, not rolling in cash.
Any precedents or experiences or opinions, appreciated.
I thought Ohio was 0 tolerance and it was anything above .00?

Anyhow, depends on what city you live in. If it were to happen in the city I live in, then hell yeah I'd advise to get a lawyer. Most won't drop it down to wreckless op without an attorney. I'm assuming that's what you would want..
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Old 11-30-2012, 11:48 AM
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Default Re: Need legal help

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Originally Posted by Carlos Spicyweiner View Post
18 yr old daughter got ovi. 0.04 bac.
.02 in Ohio is ovi when under 21.
What's cheaper, hiring atty. or dealing with the ovi. Understand, not rolling in cash.
Any precedents or experiences or opinions, appreciated.
Cut her Drivers Liscense in Half and take her car keys...
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Old 11-30-2012, 12:04 PM
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Default Re: Need legal help

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Originally Posted by Carlos Spicyweiner View Post
18 yr old daughter got ovi. 0.04 bac.
.02 in Ohio is ovi when under 21.
What's cheaper, hiring atty. or dealing with the ovi. Understand, not rolling in cash.
Any precedents or experiences or opinions, appreciated.
.04? Nyquil makes it higher than that! I once blew a .22 and several others a little less than that. That is insane. I would fight it, but then, I'm broke myself, but I would have had some fun with them first.

Once I snuck gum in my mouth to try and mess up the test, and when I started blowing in the mouthpiece, it popped out and flew in there. Talk about a ticked off cop!
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Old 11-30-2012, 12:14 PM
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Default Re: Need legal help

She was at a class party and had a glass of wine with meal and a beer later.
She isn't a party girl or trouble maker. 3.8 gpa . Soccer team capt.
But I just don't want to fork out money for atty. if he isn't going to help her out.
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Old 11-30-2012, 12:19 PM
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Default Re: Need legal help

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Originally Posted by Carlos Spicyweiner View Post
She was at a class party and had a glass of wine with meal and a beer later.
She isn't a party girl or trouble maker. 3.8 gpa . Soccer team capt.
But I just don't want to fork out money for atty. if he isn't going to help her out.
Wish i could help i dont know what happens to minors when they get caught Drinking and Driving... (and anything over .00 is illegal for a minor i believe)

She should have called you..

Most likely she will have her liscense suspended and points 4 i think added to her liscense.

She might be able to take a class to get points reduced and pay a fine to remove the suspension.

Hope if all works out. Im not sure an attorney could help or not. what is she being charged with.
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Old 11-30-2012, 12:19 PM
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Default Re: Need legal help

miserable experience. .04 is bull.
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Old 11-30-2012, 12:23 PM
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Default Re: Need legal help

Disown her, it's cheaper.

I also don't believe anyone named Carlos Spicyweiner ever had any children.
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Old 11-30-2012, 12:29 PM
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Default Re: Need legal help

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Disown her, it's cheaper.

I also don't believe anyone named Carlos Spicyweiner ever had any children.
You don't have kids, or your the ultimate troll.
I'm going with the latter. So f..k off.
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Old 11-30-2012, 12:33 PM
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Default Re: Need legal help

What was she pulled over for?

Is she in HS or college?

Driving impaired can be serious. People die because of it. (Which I am sure you know. )

I will tell you what I would do if it were my daughter. I'd let her face the consequences of her actions. If she has a good driving record overall, and this is a first offense I and she throws herself on the mercy of the court I doubt her punishment would be too severe.

Let her deal with it and call it a lesson learned.

The only thing that would change my mind on that is if she could lose a scholarship because of it.

I know as a parent you want to protect your kids, but sometimes they need to learn a lesson the hard way to keep from repeating it.
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Old 11-30-2012, 12:40 PM
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Default Re: Need legal help

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Originally Posted by Jasonew6 View Post
What was she pulled over for?

Is she in HS or college?

Driving impaired can be serious. People die because of it. (Which I am sure you know. )

I will tell you what I would do if it were my daughter. I'd let her face the consequences of her actions. If she has a good driving record overall, and this is a first offense I and she throws herself on the mercy of the court I doubt her punishment would be too severe.

Let her deal with it and call it a lesson learned.

The only thing that would change my mind on that is if she could lose a scholarship because of it.

I know as a parent you want to protect your kids, but sometimes they need to learn a lesson the hard way to keep from repeating it.

.04 isn't driving impaired.don't get too dramatic. she only got ticketed because of 0 tolerance under age 21.

I'd get a lawyer if you want it dropped to wreckless op though..
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Old 11-30-2012, 12:41 PM
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Default Re: Need legal help

Quote:
Originally Posted by Carlos Spicyweiner View Post
18 yr old daughter got ovi. 0.04 bac.
.02 in Ohio is ovi when under 21.
What's cheaper, hiring atty. or dealing with the ovi. Understand, not rolling in cash.
Any precedents or experiences or opinions, appreciated.
Get the attorney, who will let the judge know that she's a first offender, great student athlete, etc. I think she's probably going to lose her license for 6 months, but it may be up to the judge. My 17 year old nephew lost his for 6 months for drinking underage at a party when ther cops showed up. Good luck and be thankful that this experience could have been a lot worse and maybe will keep her safer in the future.
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Old 11-30-2012, 12:45 PM
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Default Re: Need legal help

the fines will most likely be more if you don't lawyer up anyways so you mine as well get her license suspended for 6 months instead of a year and the charge reduced from ovi to WO
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Old 11-30-2012, 12:46 PM
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Default Re: Need legal help

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Originally Posted by Whodey23 View Post
.04 isn't driving impaired.don't get too dramatic. she only got ticketed because of 0 tolerance under age 21.

I'd get a lawyer if you want it dropped to wreckless op though..
She was driving badly enough that she got pulled over. And if you are 18, and not accustomed to drinking, .04 can be impaired. And it doesn't take a lot of alcohol to reduce your reaction time. Especially when you are inexperienced as a driver already.
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Old 11-30-2012, 12:50 PM
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Default Re: Need legal help

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Originally Posted by Whodey23 View Post
.04 isn't driving impaired.don't get too dramatic. she only got ticketed because of 0 tolerance under age 21.

I'd get a lawyer if you want it dropped to wreckless op though..
Yeah, I agree with Peppy here. There are over the counter cold and flu products that would probably put a young girl over that limit. Dumb law, I understand the desire to protect kids, and the public, but I bet she was driving fine. Way to make a criminal out of a non-criminal.
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Old 11-30-2012, 12:52 PM
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Originally Posted by Jasonew6 View Post
She was driving badly enough that she got pulled over. And if you are 18, and not accustomed to drinking, .04 can be impaired. And it doesn't take a lot of alcohol to reduce your reaction time. Especially when you are inexperienced as a driver already.
She could have been pulled over for a lot of reasons. 99% of the time they just ask you if you've been drinking. Sorry but I just don't see the purpose. An adult at .08 isn't drunk, why is an 18 year old impaired at .04?
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Old 11-30-2012, 12:54 PM
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Default Re: Need legal help

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Originally Posted by Whodey23 View Post
.04 isn't driving impaired.don't get too dramatic. she only got ticketed because of 0 tolerance under age 21.

I'd get a lawyer if you want it dropped to wreckless op though..
Really we dont even know why she was pulled over...

for people shouldnt drink and drive let alone anyone under 21...

Not only is she in trouble the Parent of the person who throw the party could get in trouble for allowing minors to drink and then drive home. (even if the parent wasnt there)
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Old 11-30-2012, 12:59 PM
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Really we dont even know why she was pulled over...

for people shouldnt drink and drive let alone anyone under 21...

Not only is she in trouble the Parent of the person who throw the party could get in trouble for allowing minors to drink and then drive home. (even if the parent wasnt there)
For .04? Do any of you guys drink? You could blow that after brushing your teeth. I'm out of this one. It's a dumb law, I don't condone drinking and driving, but if she would have been 3 years older, then she would have been, okay to drive at .04? Interesting. Charge her with underage drinking if you must, but I promise you, and I have considerable experience with alcohol, she wasn't impaired, and 3 years would have made no difference.

Have at this one, I'm outta' here.
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Old 11-30-2012, 01:01 PM
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Originally Posted by BengalsFan024 View Post
Really we dont even know why she was pulled over...

for people shouldnt drink and drive let alone anyone under 21...

Not only is she in trouble the Parent of the person who throw the party could get in trouble for allowing minors to drink and then drive home. (even if the parent wasnt there)

Americanized.

21 is a stupid age to legalize it. MOST people are going to try it years before this.

In other countries, youngsters learn more responsibility drinking by being allowed to drink at a younger age in front of your family or what not. In the US, you can't do anything like that and that's why kids have secret parties.
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Old 11-30-2012, 01:02 PM
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For .04? Do any of you guys drink? You could blow that after brushing your teeth. I'm out of this one. It's a dumb law, I don't condone drinking and driving, but if she would have been 3 years older, then she would have been, okay to drive at .04? Interesting. Charge her with underage drinking if you must, but I promise you, and I have considerable experience with alcohol, she wasn't impaired, and 3 years would have made no difference.

Have at this one, I'm outta' here.

Truth. Me too. I didn't know we were dealing with MADD.
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Old 11-30-2012, 01:03 PM
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Default Re: Need legal help

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Originally Posted by Jasonew6 View Post
What was she pulled over for?

Is she in HS or college?

Driving impaired can be serious. People die because of it. (Which I am sure you know. )

I will tell you what I would do if it were my daughter. I'd let her face the consequences of her actions. If she has a good driving record overall, and this is a first offense I and she throws herself on the mercy of the court I doubt her punishment would be too severe.

Let her deal with it and call it a lesson learned.

The only thing that would change my mind on that is if she could lose a scholarship because of it.

I know as a parent you want to protect your kids, but sometimes they need to learn a lesson the hard way to keep from repeating it.
HS. She wasn't impaired. Usually dd.
I understand lesson learned. But don't want opportunities or jobs taken from her, because this is on her record.
If she was impaired and endangering other drivers, I wouldn't have a problem with her just taking her punishment.But .04. Just not sure that I would be treating her fairly.
It's .04! Who hasn't driven with a .04. I know it doesn't make it right, and nobody wants to be driving with impaired drivers on the road. But young kids make mistakes.
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Old 11-30-2012, 01:23 PM
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Default Re: Need legal help

These laws are stupid. A driver is not impaired at .04. But that is the law so you have to deal with it.

Here in Tennessee they no longer drop DUI's down to reckless operation because of the scrutiny on DA's by groups like MADD. They even have specific prosecutors that only do DUI cases who keep meticulous records. But I have no idea how it works in Ohio. Usually if there is no accident or any other aggravating circumstances (children in the car, invalid license, no insurance, excessive speed, drugs found in car, etc) everyone gets offered the mandatory minimum penalty whether they have a lawyer or not.

My advice to underage girls who get busted on this charge is to offer to blow the cop. It usually works for me.

Last edited by fredtoast; 11-30-2012 at 01:26 PM.
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Old 11-30-2012, 01:28 PM
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These laws are stupid. A driver is not impaired at .04. But that is the law so you have to deal with it.

Here in Tennessee they no longer drop DUI's down to reckless operation because of the scrutiny on DA's by groups like MADD. They even have specific prosecutors that only do DUI cases who keep meticulous records. But I have no idea how it works in Ohio. Usually if there is no accident or any other aggravating circumstances (children in the car, invalid license, no insurance, drugs found in car, etc) everyone gets offered the mandatory minimum penalty whether they have a lawyer or not.

Damn and I always beyotched about living in Ohio. I know Tennesse has silly weed laws too. But anyhow, anywhere I've ever heard of in Ohio, you can get it dropped to reckless op. Especially when the lawyer goes on about how your daughter does well in sports, gets good grades, never been in trouble before, blah blah blah. She will probably have to take a class and get an assessment by a drug alcohol place and lose her license for 6 months, but it all it comes to down is $$. Like I said before, you're going to pay more $$ for her fines if you don't get a lawyer anyway.

Last edited by Helldog; 11-30-2012 at 01:43 PM.
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Old 11-30-2012, 01:34 PM
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For .04? Do any of you guys drink? You could blow that after brushing your teeth. I'm out of this one. It's a dumb law, I don't condone drinking and driving, but if she would have been 3 years older, then she would have been, okay to drive at .04? Interesting. Charge her with underage drinking if you must, but I promise you, and I have considerable experience with alcohol, she wasn't impaired, and 3 years would have made no difference.

Have at this one, I'm outta' here.
i used to drink a lot but the people i partied with started having minors come to their parties so i stopped hanging out with them.. As one of the older people there i wasnt gonna risk getting in trouble so my 30 year old friends can drink with 18 year olds.

But .04 isnt bad. But if she got pulled over and ticketed she obviously couldnt handle even that little amount. Like i said i dont know the whole story something had to happen for her to get pulled over. if it was bad driving because she was impaired the .04 is to much for her. If it was a traffic stop then shes just unlucky.

either way a DUI shouldnt greatly effect her future except for driving abilities.
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Old 11-30-2012, 01:48 PM
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Originally Posted by Whodey23 View Post
Americanized.

21 is a stupid age to legalize it. MOST people are going to try it years before this.

In other countries, youngsters learn more responsibility drinking by being allowed to drink at a younger age in front of your family or what not. In the US, you can't do anything like that and that's why kids have secret parties.
THIS.

I am a firm believer that the drinking age needs to changed from 21 to 19 or 20, preferably 19. Most parents condone their kids drinking when they graduate high school or go to college. At 18 you are considered an adult. You can enlist in the army for crying out loud but you cant have a sip of alcohol? Its a joke. It also puts a ton of pressure on parents for liability reasons. If your daughter throws a party at your house when she is 20 and you aren't home and someone gets hurt, guess who's responsible?
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