Need legal help

[fredtoast]

Originally Posted by NC Bengal Mike

Although I will get jacked for this also I will say this.

This is correct.

Despite the good parenting this kid made a stupid mistake. A life threatening mistake. Any defense or conversation is contrary.

I don;t care about any conversation other than a person committed a crime and there is no defense.

Not " Oh she just had this or that.

Or :this was the first time"

What does it matter if this was the first time. Thank God she didn't kill someone. She has every right to kill herself but she has no right...whether it be the first time, or a lapse in judgement or whatever to kill me or a member of my family

It is perfectly legal to drink and drive. I do it all the time. It is only illegal to drive if you are impaiered by the level of alcohol in your system.

So, yes, there is a defense to this if she was not impaired if she was not impaired.

[Toast Jones]

.04 at 18 is the same level of impairment as .04 at 30. Did the girl make a mistake? Yup. And hopefully she'll learn from it. But some of you really need to take it down a few notches. Seriously.

There's nothing wrong with having a couple beers (or whatever your threshold is to be under .08.) and driving. The problem in this case is her age and the fact she was drinking at all. But I really don't think she was putting other people in any more danger than that of anyone else of legal age in the same situation.

Sometimes a lesson learned like this is better to have been had than to not have had at all. Maybe it makes her think more about it in the future when she is of age, perhaps drinks more in a given night, and she could be in the position to actually hurt someone. This could may very well have been a very good lesson. (Albeit costly, although that's a big part of the lesson)

For anyone to question the job this guy did as a father is absolutely, 100% ridiculousness. Kids at that age will drink. Always have, always will. At least the girl didn't have too much to the point where it out people in harm's way. She just got caught doing something that she's supposed to wait a few years to do.

Save the speeches untl this guy until posts something about her blowing a .10 (yes I know the limit is .08) or higher or developing a binge drinking habit on the weekends. The girl had a beer or two. CALM down. I'd be more worried about her (or a him) if the kid hadn't tried it by that age. They just need to learn to be safe like everyone else. Hopefully this whole thing sped up that process for her.

[Toast Jones]

Originally Posted by NC Bengal Mike

What does it matter if this was the first time. Thank God she didn't kill someone. She has every right to kill herself but she has no right...whether it be the first time, or a lapse in judgement or whatever to kill me or a member of my family

She blew a .04. She wasn't legally impaired. She was underage. BIG difference. I really don't think she put anyone at risk anymore than any other time she drove.

[Toast Jones]

Originally Posted by 68Firebird

- Didn't work on it well enough. Evidenced by her recent arrest.

- Family and community that drinks? Sounds like a recipe for success

- Sounds like she made several bad decisions in a row.... Certainly not her first time.

- Air your dirty laundry in public, people are going to tell you it stinks. Sorry your feelings are hurt. Blame yourself, then your daughter, then yourself again for posting about it.

You're a clown.

[Helldog]

Originally Posted by NC Bengal Mike

Although I will get jacked for this also I will say this.

This is correct.

Despite the good parenting this kid made a stupid mistake. A life threatening mistake. Any defense or conversation is contrary.

I don;t care about any conversation other than a person committed a crime and there is no defense.

Not " Oh she just had this or that.

Or :this was the first time"

What does it matter if this was the first time. Thank God she didn't kill someone. She has every right to kill herself but she has no right...whether it be the first time, or a lapse in judgement or whatever to kill me or a member of my family

Lol what? You sound like a drama queen.

.04 ??? Lol. I've woke up early in the morning and probably been more "dangerous" or "oh no, life threatening" to my fellow drivers than this girl. Jesus Christ lighten up will you. I hope you've never talked on your cell phone or texted when driving because you would be really putting the rest of the world in a **** storm of danger. That post was rediculous.

"every right to kill herself" wtf did you really say that?

[silenetwolf]

Originally Posted by Carlos Spicyweiner

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.

http://www.ovilaw.com/

My cousin who lives in Colorado got two ovi's under age. Cost him $1,000 fine and 6 months probation. That of course is Colorado, Ohio is probably different.

[Edge]

Originally Posted by bradfritz21

The people saying that the drinking age should be 18 or 19, I disagree, and it's not really about being able to handle the alcohol (which the brains are still developing more, so alcohol has more of an effect), but it's more just about how a teenager's mind operates. If you're 18, chances are that you're still in high school, and imagine how much more dangerous our world would be if high school seniors could legally drink out in the open. Things get wild now when they can't legally do it, so think how much worse it would be if they could. Also, you have to think about how many would buy it for their friends who are 16 or 17, or even 14 or 15..

.

From my own experience personally, I can say this is irrelevant. Back in the 80's when the legal drinking age in Ohio was 19, I became a regular on the bar scene, night clubs and weekly parties. Two years later I would say I handled myself no differently at 21 than I did at 19. The level of immaturity was consistant, two years did not make the slightest bit of difference in how I behaved or handled alcohol.

I can honestly say it was a phase I went through, Whether the drinking age was 19 as it was back then, or 21 as it is now, or 25 if lawmakers had their way, my point is - I was going to go through that period of having fun with it regardless. It wasn't about being mentally prepared or able to handle alcohol, it was the mearly the ability to finally be old enough to drink and party. It didn't matter what age or level of maturity I was. Back then - I was going to drink and have fun period.

If memory serves me correctly, Ohio was the last state, or one of the very last states to convert the drinking age from 19 to 21. There was serious pressure from the Fed to convert or lose funding for highway projects, etc... It was changed to 21 right about the time I became that age! I was a happy camper!

[Carlos Spicyweiner]

Finally had the pretrial, OVI will be reduced to reckless op, If she completes Driver Intervention Program by March.

Just wanted to thank everyone (most anyway) for the advice and opinions.
I'm sure things would have turned out different without an attorney.

She has definitely learned some valuable lessons. And she has already repaid me the money I spent hiring the atty. And she will continue to reimburse me for anything that comes out my wallet, concerning this case.


Now, who is up for a road trip ?!!!

[XenoMorph]

Originally Posted by Carlos Spicyweiner

Now, who is up for a road trip ?!!!

I am but im driving...

your car.

[BengaliJack]

Originally Posted by Toast Jones

She blew a .04. She wasn't legally impaired. She was underage. BIG difference. I really don't think she put anyone at risk anymore than any other time she drove.

Hope she learns from this......Ive been there myself and was lucky I didnt get caught or hurt someone.

[philhos]

Originally Posted by fredtoast

It is perfectly legal to drink and drive. I do it all the time. It is only illegal to drive if you are impaiered by the level of alcohol in your system.

So, yes, there is a defense to this if she was not impaired if she was not impaired.

There was a reason she got pulled over.

[fredtoast]

Originally Posted by philhos

There was a reason she got pulled over.

We don't know why she got pulled over. So we don't know if her driving was impaired at all.

[Helldog]

Originally Posted by Carlos Spicyweiner

Finally had the pretrial, OVI will be reduced to reckless op, If she completes Driver Intervention Program by March.

Just wanted to thank everyone (most anyway) for the advice and opinions.
I'm sure things would have turned out different without an attorney.

She has definitely learned some valuable lessons. And she has already repaid me the money I spent hiring the atty. And she will continue to reimburse me for anything that comes out my wallet, concerning this case.


Now, who is up for a road trip ?!!!

Good to hear buddy.

Some stud told you it was going to all unfold that way...

[Carlos Spicyweiner]

Originally Posted by Helldog

Good to hear buddy.

Some stud told you it was going to all unfold that way...

You were right...........
But when I think FredToast I never pictured "stud"..........but OK!


Thanks.

[philhos]

Originally Posted by fredtoast

We don't know why she got pulled over. So we don't know if her driving was impaired at all.

I didn't intend to imply that (though re-reading my post that's exactly what it sounds like i'm saying). I meant as a defense to her getting charged. She drank and drove. Her being impaired by alcohol or not really

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[philhos]

Originally Posted by philhos

I didn't intend to imply that (though re-reading my post that's exactly what it sounds like i'm saying). I meant as a defense to her getting charged. She drank and drove. Her being impaired by alcohol or not really

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Stupid phone. Grrrr.

She got pulled over for a legitimate reason. The cop had to have a reason to check her BAC, right?

As long as she learned her lesson and never does this again is the most important thing, IMO.

Sent from my LG-LG855 using Tapatalk 2

[fredtoast]

Originally Posted by philhos

She got pulled over for a legitimate reason. The cop had to have a reason to check her BAC, right?

She could have been driving fine and got pulled over because of a malfunctioning tail light. Then if the cop smelled alcohol on her breath he would have tested her.