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manchacho
05-15-2012, 9:00 PM
Hey everyone, first time poster and new (more like hooked) to shooting. I'm also recently married and want to buy a gun for HD and also pick up marksmanship as a hobby, but baby steps :D

So I've been searching everywhere in regards to DUIs and if they affect purchasing of a handgun. I'm having trouble finding info on pending DUI cases. I'm currently working with my lawyer to fight mine. (totally bogus charge IMO but I digress)

So long story short:


Arrested in Nov 2011 in L.A. County (Misdemeanor with a BAC of .08-- allegedly after 6 tries :rolleyes: )
Case is still pending/open- may not be resolved for a few months
DMV found me guilty, but I'm currently with a valid restricted CA license


So basically my question is, since my case is still pending, will I not pass the background check thus not be able to make the purchase?

I had nowhere else to look, so I figured I'd ask the California native gun pros :cool:

Thanks in advance!

AndrewMendez
05-15-2012, 9:03 PM
Innocent to proven guilty? You can purchase a gun as long as they have not told you that you can not purchase a gun.

BTW, nice first post.

eviioiive
05-15-2012, 9:06 PM
Totally bogus:rolleyes:

manchacho
05-15-2012, 9:06 PM
Thanks Andrew! That was quick! Also, me and my wife might be looking to buy a house soon (newlyweds) so I might shoot you a PM soon! (no pun intended) haha

taperxz
05-15-2012, 9:10 PM
I've seen DUI suspects find that even when the lawyer says you can still drive, DMV secretly suspends your DL. Without a valid DL you may have a problem if you dont have a valid CA ID card.

manchacho
05-15-2012, 9:16 PM
hey taperxz, good point, but in my situation the DMV had suspended my license but after my 30 day hard suspension, they issued me my restricted drivers license, so it's valid-- it just has restrictions where I can only drive to and from work and the course of my DUI programs.

Just wondering about the pending court case part and if it would prevent my purchase. Worst case scenario is a Misdemeanor DUI, best case is dismissal (or wet reckless).

alfred1222
05-15-2012, 9:23 PM
interesting..... tagged for when the librarian jumps in

rodeoflyer
05-15-2012, 9:28 PM
I SPEAK FROM EXPERIENCE.

1) You have a DUI now. Period. Even if the court case is thrown out, the DMV doesn't care. You might get out of the fine and jail time, but your driving privelages will still be suspended and your driving record will be affected for 10 years. Welcome to the club.

2) I tried to buy a handgun at Turners while I had a restricted license. On the back of your restricted license, it will have something to the effect of:

*restricted to driving to, from, and during the course of employment
*restricted to driving to,from, and during the course of treatment program

Turners would not even start a DROS because of the words "treatment program". They ASSumed it meant I was a drug addict, and didnt want the paperwork kicked back by the DOJ. :rolleyes:


Now, how other gun stores choose to treat you I don't know.

What I do know is that this story is another reason why Turners SUCKS.


Good luck with the DUI process. My story would blow your mind.

AndrewMendez
05-15-2012, 9:47 PM
Thanks Andrew! That was quick! Also, me and my wife might be looking to buy a house soon (newlyweds) so I might shoot you a PM soon! (no pun intended) haha

Congrats on getting married. I don't understand how DMV can automatically suspend your license. I had a buddy go out for his birthday. The DD stops at a 711, cop pulls up. The car is left running. He pulls my buddy out, who was in the passenger seat AND ASLEEP and gave him a sobriety test. They arrested him for being in control of a motor vehicle while intoxicated. It was thrown out as a wet and reckless....but, I don't know the specifics of your cause. Regardless...good luck.

manchacho
05-15-2012, 9:50 PM
haha I KNEW I'd get some good insight from fellow Californians! Thanks for the response rodeoflyer.

I actually have a pretty good relationship with the guys at the gunshop, so they'll start the DROS, they're just not sure if the pending case will cause the denial for me, so they wanted me to save the $125 and wait, but after seeing the gun I want, waiting a few months really sucks!

So if they do run the DROS, do you think it'll affect me?

Oh, and maybe one day we can swap stories sometime :cheers2:

deter
05-15-2012, 9:51 PM
My story would blow your mind.

I love a good story :lurk5:

And do tell us the results of your purchase expedition

glockman19
05-15-2012, 9:51 PM
DUI is NOT a prohibiting offense. You will likely have to do community service and a program 3 years probation and after it's all done you'll have it expunged and it will read as dismissed.

Live and learn..don't make the same mistake twice...

Now...What gun are you going to get? :)

axel4488
05-15-2012, 11:28 PM
haha I KNEW I'd get some good insight from fellow Californians! Thanks for the response rodeoflyer.

I actually have a pretty good relationship with the guys at the gunshop, so they'll start the DROS, they're just not sure if the pending case will cause the denial for me, so they wanted me to save the $125 and wait, but after seeing the gun I want, waiting a few months really sucks!

So if they do run the DROS, do you think it'll affect me?

Oh, and maybe one day we can swap stories sometime :cheers2:


Hopefully this is a FFL transfer and not a ppt.

Ron-Solo
05-15-2012, 11:44 PM
Save your money. To fight the DUI will cost LOTS of money, plus more when you are convicted. It will cost money to plead guilty too.

You stated that you blew a .08% so your chances of winning are slim. I won't sy it can't be done, but it is very rare. I convicted hundreds at .08% and while working the courts, saw thousands more convicted.

DUI is not a prohibiting offense, but a pending case might delay or cause DROS to be denied.

Do yourself a favor, don't drink and drive. You can kill or injure someone, including yourself and family members. You got lucky this time.

Expect your insurance rates to jump drastically, possibly even double for the next 7-10 years.


You will likely have to do community service and a program 3 years probation and after it's all done you'll have it expunged and it will read as dismissed.

Live and learn..don't make the same mistake twice...

Incorrect. DUI's are not expunged when probation is complete. Very few crimes are actually expunged, especially when subsequent convictions result in more severe penalties. A DUI will stay on your driving record for 7 years, subsequent convictions will result in more severe penalties. A third conviction in 7 years can result in felony proceedings

freonr22
05-16-2012, 5:53 AM
Just get a ca identification card? Wether or not your lic is valid, your Id is not affected

FTW9999
05-16-2012, 5:54 AM
For what it's worth a Wet Wreckles is treaded just like a DUI. They try and plea it like it's better but it's really not.

greg36f
05-16-2012, 5:58 AM
DUI with a lawyer = A long, slow, expensive plea of guilty......

Bobula
05-16-2012, 6:24 AM
Sucks :

manchacho
05-16-2012, 7:09 AM
Yeah I know, it sucks. I did learn from my mistakes though, trust me it will NEVER happen again. Reason being, it's not that I was "drunk" when I was driving, it's more, don''t even touch (or admit having alcohol because if you catch a cop on the wrong day, at then end of the day, they can pencil whip you. I had three beers and waited 5 hours after my last drink before I drove. I was pulled over at 5am for speeding-- sober. The cop tried 6 times on the breathalyzer, that's when I knew he was fishing and I asked him each time what the BAC was, his response "don't worry about it" WTF?! on the 6th one I saw his face light up and tell me I was at .08 (which is why I'm saying it was bogus)

Anyway, enough of my complaining, I learned my lesson. Not even ONE drink, or even a sip of anything alcoholic when 'm driving.

I really appreciate everyone's input here, looks like I'm going to have to wait regardless, so I might as well do that prescreening DOJ form thing. Which is probably going to take a few weeks too :(

manchacho
05-16-2012, 7:15 AM
oh and FTW9999 you're right, the insurance companies treat a wet reckless the same as a DUI by insurance companies (my insurance only went up like 20 bucks a month, not bad IMO) but the real difference is that the fines are less than half of a DUI and I wouldn't have to install the interlock device in my car.

I did talk to the lawyer and he said after 3 years I can request to have it expunged but that's another lengthy and costly process, but probably worth it too.

manchacho
05-16-2012, 7:20 AM
I just remembered I didn't mention the gun I wanted to get, sorry glockman19 it's a Beretta px4 .40 cal.

axel4488 yeah it's an FFL. They're cool guys at the shop. They told me they'd run the DROS for me, no problem, but they didn't want to see me throw $125 away if I got denied. That made two of us!

glockman19
05-16-2012, 7:34 AM
Save your money. To fight the DUI will cost LOTS of money, plus more when you are convicted. It will cost money to plead guilty too.

You stated that you blew a .08% so your chances of winning are slim. I won't sy it can't be done, but it is very rare. I convicted hundreds at .08% and while working the courts, saw thousands more convicted.

DUI is not a prohibiting offense, but a pending case might delay or cause DROS to be denied.

Do yourself a favor, don't drink and drive. You can kill or injure someone, including yourself and family members. You got lucky this time.

Expect your insurance rates to jump drastically, possibly even double for the next 7-10 years.




Incorrect. DUI's are not expunged when probation is complete. Very few crimes are actually expunged, especially when subsequent convictions result in more severe penalties. A DUI will stay on your driving record for 7 years, subsequent convictions will result in more severe penalties. A third conviction in 7 years can result in felony proceedings

Legal advice should be given by lawyers...ANY Misdemenor can be DISMISSED through EXPUNGEMENT...

glockman19
05-16-2012, 7:39 AM
I just remembered I didn't mention the gun I wanted to get, sorry glockman19 it's a Beretta px4 .40 cal.

axel4488 yeah it's an FFL. They're cool guys at the shop. They told me they'd run the DROS for me, no problem, but they didn't want to see me throw $125 away if I got denied. That made two of us!

Nice choice... have you shot the HK2000 or Sig P226, 228, 229? All excellent handguns in .40. I find Glocks, Beretta's and S&W's too light for the .40 and shooters experience "snappy" felt recoil. a heavier gun will help a little.

paul0660
05-16-2012, 7:44 AM
You are married; have your wife buy it. You can use it.

greg36f
05-16-2012, 7:48 AM
Legal advice should be given by lawyers...ANY Misdemenor can be DISMISSED through EXPUNGEMENT...


Nothing is ever really expunged. It is always there. An impingement just pushes it deeper into the computer. Try getting a government / sensitive job after a crime has been "expunged" and see what turns up.

A finding of "factual innocence" may be a different story, but I am not sure.

manchacho
05-16-2012, 7:50 AM
Nice choice... have you shot the HK2000 or Sig P226, 228, 229? All excellent handguns in .40. I find Glocks, Beretta's and S&W's too light for the .40 and shooters experience "snappy" felt recoil. a heavier gun will help a little.

My friend has one, so I did get a chance to shoot the Sig P226, awesome gun but a little pricey for me at the moment. :(

Also shot a Kimber 1911 in .45 which was awesome and I was able to shoot it accurately (for a beginner), but I have an old elbow football injury and the .45 kicked my @$$ after 5 mags.

I want something with good stopping power but not as much kick as the .45 so I figured the .40 was the way to go. Now that I have extra wait time, might as well save more money so I can get one of those other guns. :thumbsup:

Off to the shooting range to see if they have any of those you mentioned. :43:

Thanks!

Range Rat
05-16-2012, 7:52 AM
DUI will not affect handgun purchase. DUI will stay on your record for 10 years not 7. Get a CA ID card if gunstore hassles you about a restricted license.

glockman19
05-16-2012, 7:53 AM
Nothing is ever really expunged. It is always there. An impingement just pushes it deeper into the computer. Try getting a government / sensitive job after a crime has been "expunged" and see what turns up.

A finding of "factual innocence" may be a different story, but I am not sure.

I've had an incident expunged. The end of my file reads: DISMISSED and the date.

manchacho
05-16-2012, 7:55 AM
You are married; have your wife buy it. You can use it.

haha tried that route with her and she said no way. I don't see why.... :20:

Maybe I'll try and persuade her with new shoes or something :shrug:

glockman19
05-16-2012, 7:57 AM
My friend has one, so I did get a chance to shoot the Sig P226, awesome gun but a little pricey for me at the moment. :(

Also shot a Kimber 1911 in .45 which was awesome and I was able to shoot it accurately (for a beginner), but I have an old elbow football injury and the .45 kicked my @$$ after 5 mags.

I want something with good stopping power but not as much kick as the .45 so I figured the .40 was the way to go. Now that I have extra wait time, might as well save more money so I can get one of those other guns. :thumbsup:

Off to the shooting range to see if they have any of those you mentioned. :43:

Thanks!

Hmmm...Have you shot the .40? I find it has more felt recoil than my 1911 in .45

Don't rish into it. I'd go to one of the Firing Line indoor ranges, (Burbank is better than Northridge), and try them out before you buy..

You might also want to hook up with fellow cal gunners who will let you shoot their guns.

greg36f
05-16-2012, 8:12 AM
I've had an incident expunged. The end of my file reads: DISMISSED and the date.



I am not saying that someone should not get an expungment or at least try. I am just saying that nothing is ever truly gone. Most employers will never see an expunged crime, but there are many jobs "some child care jobs, law enforcement, sensetive government jobs" that see right through the expungment.

Good for you for taking the effort and time to do that. I hope that it helped you and that you can help other people do the same.

manchacho
05-16-2012, 8:15 AM
Sounds like a plan. I'm actually going to the LA Gun Club ( since it's like 5-10 mins from my house) and see what else they have there.

I shot my cousin's Glock 27 (I think it was the 27) but the grip was too small so I didn't enjoy it that much. The the recoil wasn't bad at all, even with the really short grip it had.

I actually managed the .45 really well, I guess it was just the shockwaves into my elbow that made it uncomfortable after a few mags.

We'll see what I come back with. That or start shooting with my left hand :45:

snobord99
05-16-2012, 10:46 AM
Most DUIs aren't worth fighting. The sentence for a first offense is called a "standard first" for a reason. That said, if he really had you blow 6 times before getting a .08, this may be worth fighting. Did you take a blood test?

If the blood test is under .08, I'd be aiming for a dry, screw the wet.

fonso
05-16-2012, 11:09 AM
Nothing is ever really expunged. It is always there. An impingement just pushes it deeper into the computer. Try getting a government / sensitive job after a crime has been "expunged" and see what turns up.

A finding of "factual innocence" may be a different story, but I am not sure.

IANAL and this is NOT intended as, nor should it be construed as legal advice!

However, I have personal, first-hand knowledge that a finding of "factual innocence" is a "different story" which entitles the factually innocent person to:

1. Petition the court to seal and destroy all of the coincident city, county, state and/or federal arrest records (e.g., PD, SO, DA, Attorney General, etc.) and all of the therein-related court files; and

2. If the petition is successful, for the prevailing party (the petitioner) to specifically spell out the particulars of the therein-related court order, including but not limited to the factually innocent person's right to answer the question "Have you ever been arrested?" by truthfully stating "No" if that person has NOT ever been arrested prior to the arrest at issue in the petition or since his/her petition was successful. (There are other particulars, specific to the case, which the successful petitioner may wish to include within the court order; however, beware that the prosecutor may attempt to draft the order to his/her advantage, but keep in mind that that duty is reserved by right to the prevailing party.)

unusedusername
05-16-2012, 11:58 AM
Get a CA ID card (not a drivers license) from the DMV.

Use the ID card to buy the gun. They are always valid even if your drivers license is not.

Oneaudiopro
05-16-2012, 12:12 PM
My advise would be to not drink and drive, then you wouldn't have to worry about this issue.

Glock22Fan
05-16-2012, 12:44 PM
Hmmm...Have you shot the .40? I find it has more felt recoil than my 1911 in .45

Don't rish into it. I'd go to one of the Firing Line indoor ranges, (Burbank is better than Northridge), and try them out before you buy..

You might also want to hook up with fellow cal gunners who will let you shoot their guns.


My 1911 is a Scandium framed S&W, making it a bit lighter than normal. I still find it has a more manageable recoil than my full-sized Glock 22.

I tend to carry the G22, because I own full sized mags (from before the ban, of course) and because it conceals slightly better, but I prefer to shoot the .45 at the range.

Somehow the .45 has a slow push, whereas the .40 is much snappier.

I shoot the .45 more accurately as well.

greg36f
05-16-2012, 12:57 PM
Most DUIs aren't worth fighting. The sentence for a first offense is called a "standard first" for a reason. That said, if he really had you blow 6 times before getting a .08, this may be worth fighting. Did you take a blood test?

If the blood test is under .08, I'd be aiming for a dry, screw the wet.


If it was beside the road, he blew into a P.A.S. device. They are notoriously finicky and it often takes several times to get the required volume of breath for a reading. It could be that either the machine is not working correctly (not likely because it did eventually give a reading).Or it could be because the LEO is not using it correctly (but he eventually got it right because there was a reading) or it could be (and this is BY FAR the most common reason) the drunk person is not (either intentionally or unintentionally) providing enough volume to satisfy the machine (the machined are looking for that "deep lung' air so it takes longer than you think to get the required volume.

The machine either works or it does not. It’s an electronic device. It does not manufacture alcohol. It just reads what is put into it.

I see this all the time. People are drunk when they are arrested and they are not reasonable (although they think they are). I cannot count the number of times I have been told by a drunk that he “passed” all of the tests. No sir, you did not.

Fighting a DUI is usually a big, expensive waste of time. All they have to prove is that you were driving (that’s easy) and that you were either “unable to safely operate a motor vehicle” (23152 (a) VC) or that you had over .08 BAC in your blood at the time that you were driving (23152 (b) VC).

Normally, they charge both and you plead to one. Your choice, it does not matter.

In this case the guy blew a .08 and he admitted to speeding. I am sure that if you read the report, the officer articulated other unsafe driving acts.

They pretty much have what they need right there.

Your only options are to fight the validity of the stop (very difficult) or to fight the validity of the machine (possible, but difficult and expensive). No way is the court gonna roll over easy and admit that the machine is faulty without a lot of proof. Proof that you provide at your expense (ie expert witnesses).

I have seen attorneys promise to “get one of the charges dismissed”. Wow, they do that anyways for free. I have also seen attorneys promise a wet reckless. Ok, but it treated the same as a DUI, so you paid $10,000 for what?

If your entire life is on the line (like it’s your 4th DUI (felony) or you are a commercial driver who will lose their job), just take the deal they offer you in court. The one you can get without an attorney. It’s called the standard disposition and it’s probably the best deal you are gonna get.

I would tell the op to take a step back, take a clear eyed look at what he has and decide what to do without being pressed by his attorney to spend more money.

That's advise that will be ignored, but at least I put my two cents in.

I would like to know the results of the blood / breath test at the station.

snobord99
05-16-2012, 1:51 PM
If it was beside the road, he blew into a P.A.S. device. They are notoriously finicky and it often takes several times to get the required volume of breath for a reading. It could be that either the machine is not working correctly (not likely because it did eventually give a reading).Or it could be because the LEO is not using it correctly (but he eventually got it right because there was a reading) or it could be (and this is BY FAR the most common reason) the drunk person is not (either intentionally or unintentionally) providing enough volume to satisfy the machine (the machined are looking for that "deep lung' air so it takes longer than you think to get the required volume.

The machine either works or it does not. It’s an electronic device. It does not manufacture alcohol. It just reads what is put into it.

I see this all the time. People are drunk when they are arrested and they are not reasonable (although they think they are). I cannot count the number of times I have been told by a drunk that he “passed” all of the tests. No sir, you did not.

Fighting a DUI is usually a big, expensive waste of time. All they have to prove is that you were driving (that’s easy) and that you were either “unable to safely operate a motor vehicle” (23152 (a) VC) or that you had over .08 BAC in your blood at the time that you were driving (23152 (b) VC).

Normally, they charge both and you plead to one. Your choice, it does not matter.

In this case the guy blew a .08 and he admitted to speeding. I am sure that if you read the report, the officer articulated other unsafe driving acts.

They pretty much have what they need right there.

Your only options are to fight the validity of the stop (very difficult) or to fight the validity of the machine (possible, but difficult and expensive). No way is the court gonna roll over easy and admit that the machine is faulty without a lot of proof. Proof that you provide at your expense (ie expert witnesses).

I have seen attorneys promise to “get one of the charges dismissed”. Wow, they do that anyways for free. I have also seen attorneys promise a wet reckless. Ok, but it treated the same as a DUI, so you paid $10,000 for what?

If your entire life is on the line (like it’s your 4th DUI (felony) or you are a commercial driver who will lose their job), just take the deal they offer you in court. The one you can get without an attorney. It’s called the standard disposition and it’s probably the best deal you are gonna get.

I would tell the op to take a step back, take a clear eyed look at what he has and decide what to do without being pressed by his attorney to spend more money.

That's advise that will be ignored, but at least I put my two cents in.

I would like to know the results of the blood / breath test at the station.

I agree with everything you said. I actually always tell my friends if you get a DUI, don't hire a lawyer unless your case is a close call in some respect. A .08 is close enough that a lawyer may end up being worth it (keyword "MAY"). That's why I was wondering what the blood test said...

It looks like the BAC is the only thing that's a close call here. OP admits he was pulled over for speeding so doesn't look like the stop could be challenged (hell, I've done a LOT of suppression motions for the prosecution and a few for defense and in only one instance did the defense win...thankfully it was my defense motion :D).

manchacho
05-16-2012, 1:59 PM
Yeah I totally get the whole skepticism about people swearing they're drunk when they're actually not, but here's WHY I got a lawyer:

- The officer himself said I passed the field tests but I needed to blow in the breathalyzer as a "formality" and to simply say I was going a little too fast
- Speeding is not an indicator of driving drunk, therefore he shouldn't have administered the test to begin with
- His "reason" for wanting to give me the sobriety test was because my eyes were "red and watery" ( seeing as it was 5am and I hadn't slept since the night before, well DUH!)

Anyway I'm sure no one will believe it, but there are good cops and then there are some bad ones, unfortunately based on my experience, I got a bad one.

Either way, it's kind of deriving from my original question of whether a PENDING/UNRESOLVED DUI case would prevent me from making my first handgun purchase.

Thanks to all who have shared their thoughts, and And thanks to those with the gun recos!

dantodd
05-16-2012, 2:17 PM
- The officer himself said I passed the field tests but I needed to blow in the breathalyzer as a "formality" and to simply say I was going a little too fast


ummm... now you know that police will lie to you in order to gain your cooperation in an investigation. If you agreed to the test based on this statement by the cop then you are wasting your money on a lawyer. The only way you're getting off at this point is by having the breathalyzer test tossed and if you consented to the test it is never getting tossed. If you refused and made the officer order you to take the test you would at least force the officer to show that he had "reasonable articulable suspicion" that you had been drinking.


- Speeding is not an indicator of driving drunk, therefore he shouldn't have administered the test to begin with
- His "reason" for wanting to give me the sobriety test was because my eyes were "red and watery" ( seeing as it was 5am and I hadn't slept since the night before, well DUH!)

Anyway I'm sure no one will believe it, but there are good cops and then there are some bad ones, unfortunately based on my experience, I got a bad one.

The reason is irrelevant. Whether it was watery eyes or the shakes, or smelling alcohol. While speeding is, in and of itself, not evidence of DUI the cop isn't going to waste his time giving you an FST, much less a breath test, unless he has other reason to suspect you had been drinking. Looking like you had been partying all night and were just getting home at 5AM is probably going to make the officer suspicious, add in red/watery eyes and that is going to pass as RAS any day of the week.

snobord99
05-16-2012, 2:54 PM
Yeah I totally get the whole skepticism about people swearing they're drunk when they're actually not, but here's WHY I got a lawyer:

- The officer himself said I passed the field tests but I needed to blow in the breathalyzer as a "formality" and to simply say I was going a little too fast
- Speeding is not an indicator of driving drunk, therefore he shouldn't have administered the test to begin with
- His "reason" for wanting to give me the sobriety test was because my eyes were "red and watery" ( seeing as it was 5am and I hadn't slept since the night before, well DUH!)

Anyway I'm sure no one will believe it, but there are good cops and then there are some bad ones, unfortunately based on my experience, I got a bad one.

Either way, it's kind of deriving from my original question of whether a PENDING/UNRESOLVED DUI case would prevent me from making my first handgun purchase.

Thanks to all who have shared their thoughts, and And thanks to those with the gun recos!

Speeding is not an indicator of a DUI, but you said yourself immediately after that that's not the only reason he suspected you of DUI so why are you arguing that he shouldn't have administered the test to begin with?

There are good cops, and there are bad cops. It looks to me like you got a cop doing his job and classified him as a bad one because his job happened to be to arrest you on that day.

Honestly, it sounds to me like you're wasted $ on a lawyer here (edit: assuming the test administered at the station shows a BAC at or above what the breathalyzer showed). It sounds like a clean stop, any cop worth a damn could articulate why he suspected you of a DUI (red, watery eyes will usually do it), and if what you said is true, I don't think you have a rising BAC defense either. I'm predicting you'll end up with a standard first plus I'm guessing somewhere around $2,500 in attorney's fees. At least your gun rights will be intact ;)

dantodd
05-16-2012, 3:10 PM
There are good cops, and there are bad cops. It looks to me like you got a cop doing his job and classified him as a bad one because his job happened to be to arrest you on that day.


THIS

Crzy2bealive
05-16-2012, 3:19 PM
I got a DUI last year, wasn't worth fighting it, pleaded guilty, got a 3 month program, 2000 dollars in fines, 3 years informal probation and my blood level was .14.

The DMV suspended my license for 6 months and my insurance went up like 100 bucks a month

Go with mercury they provide sr22 insurance


Sent from the iPhone1000 using Tapatalk [rpo]

winnre
05-16-2012, 3:39 PM
My ex got a DUI, our insurance went from $600 for six months to $4000 for six moths, thank you Geico. We went to Mercury and too and it was $720 for six months.

A friend got a DUI and it would affect her job so she spent $25k on a lawyer and they got the charges dropped after about eight months. Seems to be a stamina thing.

Crzy2bealive
05-16-2012, 3:42 PM
Mercury definitely makes it affordable to drive a car again lol


Sent from the iPhone1000 using Tapatalk [rpo]

Neil McCauley
05-16-2012, 4:53 PM
I'm glad to read threads like these, reminds me to be smart enough to never drive a car after more than 2 drinks.

fallenknight308
05-16-2012, 5:11 PM
Yeah I know, it sucks. I did learn from my mistakes though, trust me it will NEVER happen again. Reason being, it's not that I was "drunk" when I was driving, it's more, don''t even touch (or admit having alcohol because if you catch a cop on the wrong day, at then end of the day, they can pencil whip you. I had three beers and waited 5 hours after my last drink before I drove. I was pulled over at 5am for speeding-- sober. The cop tried 6 times on the breathalyzer, that's when I knew he was fishing and I asked him each time what the BAC was, his response "don't worry about it" WTF?! on the 6th one I saw his face light up and tell me I was at .08 (which is why I'm saying it was bogus

And you blew a .08?! Dang :(
Good luck with all that.

SteveH
05-16-2012, 5:21 PM
Most DUIs aren't worth fighting. The sentence for a first offense is called a "standard first" for a reason. That said, if he really had you blow 6 times before getting a .08, this may be worth fighting. Did you take a blood test?

If the blood test is under .08, I'd be aiming for a dry, screw the wet.

A breath test is not completed until there are two samples that measure withen .02% of eachother at least two minutes apart.

Usually two samples and you are done. Sometimes you need a third due to a greater spread than .02% on the first two. Sometimes the suspect screws around with the test, bites, sucks, blows out the side of his mouth, pretends to blow but doesnt...you keep trying over and over until there are two samples of sufficient volumn that measure withen .02% of eachother.

snobord99
05-16-2012, 5:41 PM
A breath test is not completed until there are two samples that measure withen .02% of eachother at least two minutes apart.

Usually two samples and you are done. Sometimes you need a third due to a greater spread than .02% on the first two. Sometimes the suspect screws around with the test, bites, sucks, blows out the side of his mouth, pretends to blow but doesnt...you keep trying over and over until there are two samples of sufficient volumn that measure withen .02% of eachother.

Which is why I'm all about the blood test for proper evidence :D

Ron-Solo
05-16-2012, 8:25 PM
Legal advice should be given by lawyers...ANY Misdemenor can be DISMISSED through EXPUNGEMENT...

Are you a lawyer? You sure give out a lot of legal advice.

I never said they couldn't be expunged. I said they (crimes in general) are seldom expunged. I never provided legal advice to the OP, I just made a recommendation based on 32+ years of law enforcement and having arrested more individuals for DUI than I can count. It is easily over a thousand. I never lost a single DUI case and had many go all the way thru a jury trial. I have qualified in numerous courts as an expert in DUI.

The only advice I gave the OP was to not spend money on a gun right now, because he's going to need lots of money to fight his case.

My experience is based on years of doing the job, rather than getting arrested and later getting it expunged. In my experience, most people arrested for DUI are seldom able to give an accurate recollection of the incident because they have been drinking. :cool:


Which is why I'm all about the blood test for proper evidence :D

I concur.

snobord99
05-16-2012, 9:24 PM
Are you a lawyer? You sure give out a lot of legal advice.

I never said they couldn't be expunged. I said they (crimes in general) are seldom expunged. I never provided legal advice to the OP, I just made a recommendation based on 32+ years of law enforcement and having arrested more individuals for DUI than I can count. It is easily over a thousand. I never lost a single DUI case and had many go all the way thru a jury trial. I have qualified in numerous courts as an expert in DUI.

Actually, once your probation is up and all the terms of your sentence has been complied wit,h and assuming you're not still on probation or in trouble for another crime at the time, your misdo is going to be expunged as long as you petition the court for it. It's actually so easy that in at least one of the OC courts, they have (at least had) a flier for non-lawyers explaining how to do it and where to get information for it.

Ron-Solo
05-16-2012, 10:12 PM
I can't speak for Orange County courts, but I've spent a lot of time in LA County courts, where it is not common.

snobord99
05-17-2012, 1:32 AM
I can't speak for Orange County courts, but I've spent a lot of time in LA County courts, where it is not common.

Actually, it can't be that uncommon or that different from county to county considering that it's controlled by the PC. Per PC, it's a "shall" expunge if you meet the criteria (basically: 1. successfully completed all terms of your sentence, 2. not currently charged or serving a sentence for another offense, 3. you didn't serve time in state prison for it, and 4. it doesn't involve one of the disqualified crimes).

I'm guessing you were dealing with expungements from people that didn't qualify (e.g., felons looking to reduce to a misdo and then get the conviction expunged) where it would be a "shall" expunge, like a DUI. Actually, as LEO, I'd be surprised if you even encountered cases where people qualify for an expungement under the PC as these are generally people who have already served their sentence and not gotten into any more trouble and there's no reason to get LEO involved for the procedure. This is, of course, assuming it worked the same when you were still active as it does now...

johnthomas
05-17-2012, 2:06 AM
I got two dui tickets, neither was my fault, they were after me, I'm sure I was sober, they framed me, I was tired not drunk, the dog in the car farted, smelled like booze, I don't have a problem.

Denial will get you a second one, Trust me on this. I heard all the excuses, they came out of my mouth. May 22nd will be 27 years since I took my last drink.
Keep fighting this ticket and always remember it. If you ever thought of law enforcement as a career, you can forget it now. You might wonder why everyone is so hard on this, many of have been there, all of us have family members we don't want killed on the road and nobody wants you to to go through this again.

Kharn
05-17-2012, 6:49 AM
5 hours after 3 beers and you blew 0.08? A 40oz bottle of Budlight counts as 3, not 1.

glockman19
05-17-2012, 7:14 AM
I can't speak for Orange County courts, but I've spent a lot of time in LA County courts, where it is not common.

It is actually very common...

greg36f
05-17-2012, 7:33 AM
It is actually very common...


I think that we are dealing with an issue of perspective here. Like someone said earlier, as a LEO, you rarely meet anyone who is eligible for an expungement (SP?), so you have very little experience with it....

leadstorm
05-17-2012, 8:15 AM
Bottom Line Up Front: a misdemeanor DUI (either a conviction or in process) will not prohibit a person form a successful firearm purchase in California.

Now that that's out of the way...

The arrest already took place. It's over and done. You can rationalize the events and actions of that night all you like...but nobody really gives a crap about that. As a matter of fact, the more you try and rationalize it and make it seem like you got a bum deal, the less credibility YOU have. What people care about (and by that I mean current/potential employers, courts, cops who pull you over in the future, your wife/kids/loved ones, etc.) is how you deal with the situation and act in the future. Sack up and make real changes to your lifestyle so it does not happen again.

Are DUI laws straightforward and fair? Absolutely not. They are full of gray areas and squishy definitions, but that's by design: they serve to make the state appear effective to MADD and company, and they're also a freaking enormous treasure trove ($$$) for the state. Deal with it. My personal opinion is that it should be black and white: either disallow ANY alcohol in a person's system while driving, or remove the limits entirely and throw the book at folks who cause alcohol-driven accidents of any sort.

Anybody who drinks alcohol can get a single DUI. It's the second one that proves you're a loser in this regard.

leadstorm
05-17-2012, 8:19 AM
I'm glad to read threads like these, reminds me to be smart enough to never drive a car after more than 2 drinks.you can get popped, go to jail, and be successfully prosecuted with 2 drinks or less in your system. It's not extremely likely, but it can happen within the law.

glockman19
05-17-2012, 8:39 AM
I think that we are dealing with an issue of perspective here. Like someone said earlier, as a LEO, you rarely meet anyone who is eligible for an expungement (SP?), so you have very little experience with it....

That's long on conjecture...All the LE does is Arrest, write a report and testify in court...after the Judgement they know little more.

Your statement, "as a LEO, you rarely meet anyone who is eligible for an expungement" infers a leap in supposition that points to the prejudicial thinking of LE who support such a statement.

Ron-Solo
05-17-2012, 9:42 AM
My last assignment was as a supervisor in the courts, where I spent a LOT of time in courtrooms monitoring the proceedings. Due to budget cuts, I filled in as a bailiff many times, often in misdemeanor trial courts.

I supervised the following courts: Central Arraignment Court, Hollywood Court, Central Civil West, Metropolitan (traffic) Court, Mosk County Courthouse, Criminal Courts Building, Alhambra, El Monte, West Covina, Pomona North, Pomona South, Glendale,
Burbank, Pasadena, Edleman Court, and Dept 95. I can not count the number of times I've monitored cases in the final stages of probation, sentencing, etc.

Conjecture is saying that all a LEO does is make an arrest, write a report, and testify in court. There is a lot more to being a LEO than that.

While expungement is possible, in my experience, it is not common.

Crzy2bealive
05-17-2012, 9:56 AM
I don't get why expungement is hard to get if u kept your nose clean during probation and have done what was asked of you (community service, jail etc etc).


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KDOFisch
05-17-2012, 10:10 AM
Are DUI laws straightforward and fair? Absolutely not. They are full of gray areas and squishy definitions, but that's by design: they serve to make the state appear effective to MADD and company, and they're also a freaking enormous treasure trove ($$$) for the state. Deal with it. My personal opinion is that it should be black and white: either disallow ANY alcohol in a person's system while driving, or remove the limits entirely and throw the book at folks who cause alcohol-driven accidents of any sort.

Anybody who drinks alcohol can get a single DUI. It's the second one that proves you're a loser in this regard.

Right and right! I went through a DUI checkpoint once after work and WASN'T drunk and it was still the scariest moment of my driving career. Realizing how easy it was to just sit there and wait your turn for a cop to screen you made me basically swear off drinking and driving. A friend of mine who's an LEO told me that the sad truth is, many people who are arrested and convicted truly think they're fine to drive- they're good people who are right on the limit and make an errant decision to drive. He told me many of them really didn't intend to drive over the limit, that they really thought they were way under, but still broke the law and thought, well, wrong.

Thankfully, I've since moved to a very dense, walkable neighborhood where, if I choose to meet friends for drinks, I can enjoy the experience and have a nice walk home.

These laws are a blend of gray, they're not easy, but I'm also thankful that DUI-related accidents are way, way down over the last 30 years. I choose to drink, not irresponsibly, but I also choose to pull my driving out of the equation.

snobord99
05-17-2012, 10:13 AM
My last assignment was as a supervisor in the courts, where I spent a LOT of time in courtrooms monitoring the proceedings. Due to budget cuts, I filled in as a bailiff many times, often in misdemeanor trial courts.

I supervised the following courts: Central Arraignment Court, Hollywood Court, Central Civil West, Metropolitan (traffic) Court, Mosk County Courthouse, Criminal Courts Building, Alhambra, El Monte, West Covina, Pomona North, Pomona South, Glendale,
Burbank, Pasadena, Edleman Court, and Dept 95. I can not count the number of times I've monitored cases in the final stages of probation, sentencing, etc.

Conjecture is saying that all a LEO does is make an arrest, write a report, and testify in court. There is a lot more to being a LEO than that.

While expungement is possible, in my experience, it is not common.

But that was my point. For a lot of these "shall" expunge cases, there's not even a court hearing, just a petition filed by the defendant. So even if you were sitting in a courtroom your entire career, thousands of these could have been (and probably were) filed and granted without you ever having seen it.

Plus, when someone completes probation, a lot of times it's just a passage of time. They don't actually have to go to court or check in with anyone (formal vs. informal probation). The final stages of sentencing is nowhere near the time someone would qualify for expungement as that's only sentencing, not serving the sentence itself. The final stages of probation that you're seeing may be the final stages of formal probation while the defendant still has a period of informal probation to serve. E.g., Lindsay Lohan made her last mandatory in-court probation hearing a month or two ago but she still has years of probation to complete. In most cases, that informal period would be completed quietly with no court action...in Lindsay's case I'm not so sure ;).

Now, I'm not sure if you were talking to me, but I certainly didn't mean to say that all LEO did was arrest, report, and testify. All I was saying was that A LOT of expungements do not require any LEO interaction so you probably never saw them.

edrex
05-17-2012, 10:15 AM
May 22nd will be 27 years since I took my last drink.
Since this thread is going so many different directions anyway, please allow me to go off topic and say congrats on your accomplishment!

glockman19
05-17-2012, 10:25 AM
My last assignment was as a supervisor in the courts, where I spent a LOT of time in courtrooms monitoring the proceedings. Due to budget cuts, I filled in as a bailiff many times, often in misdemeanor trial courts.

I supervised the following courts: Central Arraignment Court, Hollywood Court, Central Civil West, Metropolitan (traffic) Court, Mosk County Courthouse, Criminal Courts Building, Alhambra, El Monte, West Covina, Pomona North, Pomona South, Glendale,
Burbank, Pasadena, Edleman Court, and Dept 95. I can not count the number of times I've monitored cases in the final stages of probation, sentencing, etc.

Conjecture is saying that all a LEO does is make an arrest, write a report, and testify in court. There is a lot more to being a LEO than that.

While expungement is possible, in my experience, it is not common.

Most Expungements are document filings after a trial, after probation hearings...you know little other than the conviction...

Ask any court clerk, attorney or judge and they will tell you differently...Expungements are common just not visible to a bailiff, or supervisor of Law Enforcement in the courts daily security...which is the service you perform.

LE are "out of the loop" with regard to after trial and probation filings...

And as always...thank you for your many years of service.

tbhracing
05-17-2012, 10:27 AM
Tagged

glockman19
05-17-2012, 10:29 AM
But that was my point. For a lot of these "shall" expunge cases, there's not even a court hearing, just a petition filed by the defendant. So even if you were sitting in a courtroom your entire career, thousands of these could have been (and probably were) filed and granted without you ever having seen it.

Plus, when someone completes probation, a lot of times it's just a passage of time. They don't actually have to go to court or check in with anyone (formal vs. informal probation). The final stages of sentencing is nowhere near the time someone would qualify for expungement as that's only sentencing, not serving the sentence itself. The final stages of probation that you're seeing may be the final stages of formal probation while the defendant still has a period of informal probation to serve. E.g., Lindsay Lohan made her last mandatory in-court probation hearing a month or two ago but she still has years of probation to complete. In most cases, that informal period would be completed quietly with no court action...in Lindsay's case I'm not so sure ;).

Now, I'm not sure if you were talking to me, but I certainly didn't mean to say that all LEO did was arrest, report, and testify. All I was saying was that A LOT of expungements do not require any LEO interaction so you probably never saw them.

This is what I meant to say...thank you Snowboard99 for putting it more ellequently.:)

whipkiller
05-17-2012, 12:05 PM
Quote:
Originally Posted by johnthomas
May 22nd will be 27 years since I took my last drink.


Since this thread is going so many different directions anyway, please allow me to go off topic and say congrats on your accomplishment!

Hear, Hear! 27 years is awesome. April 7th was 14 years for me, and I can't begin to tell you the innumerable ways my life improved once I quit drinkin' & druggin'. Probably the biggest one is that I'm about to celebrate my 5th wedding anniversary, and she hasn't come to her senses yet! She's never seen me loaded, and she says I'm a good husband. (used to be that decent women figured out pretty quickly there was not much future with me and moved on.)

I went through a sobriety checkpoint a few weeks ago, and it was actually kinda' cool, but I do remember thinking to myself that "Wow, I'll bet this would really suck if you'd been drinking!"

Crzy2bealive
05-19-2012, 7:18 AM
I also had no problems buying a gun with ca I.d.

Also My insurance for an 08 toyota tundra with DUI, 25/50k, uninsured motorist, and full coverage, only went up about 30 bucks a month, don't get why so many people say there insurance doubled!!!


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