Alcohol & Drugs: DUI, DWI Parking Lot

[lichyboy]

Hello,

2 weekends ago, I was pulled over for running a stop sign at a Target parking lot and was arrested by suspicion of DUI. I did not take the soberity test but requested for a blood test. I do not know the result yet but am praying for it to be low because I only had 2-3 beers. Anyways, I have two questions:

1. Since its considered a parking lot, can I be pulled over like that?
2. Can I go to court first and see what I'm up against before I contact a lawyer to defend me?

 

[jacksgal]

1. Since its considered a parking lot, can I be pulled over like that?

Yes

2. Can I go to court first and see what I'm up against before I contact a lawyer to defend me?

On your first court date the charges will be read to you and you may enter a plea. Its possible you can ask for your blood test results but courts vary. Call courthouse and ask

 

[MrBiGG1]

Check out this BAC hcart and see where you measure up

http://www.brad21.org/bac_charts.html

Im no lawyer, but even if it doesnt come back over .08 I think they can still charge you with wet reckless. I only know this because I lady in my class blew a .02 and got that for speeding

 

[CdwJava]

2 weekends ago, I was pulled over for running a stop sign at a Target parking lot and was arrested by suspicion of DUI. I did not take the soberity test but requested for a blood test. I do not know the result yet but am praying for it to be low because I only had 2-3 beers. Anyways, I have two questions:

1. Since its considered a parking lot, can I be pulled over like that?
2. Can I go to court first and see what I'm up against before I contact a lawyer to defend me?

What state did this happen in?

A stop (a detention) can be effected even in a parking lot with cause. Most (perhaps all) states permit a DUI to be charged in a parking lot.

Note that one can be charged with DUI even if under .08.

It is usually best to consult an attorney first.

- Carl

 

[MrBiGG1]

Carl, why is the law set at .08 to be classified as a DUI then?

 

[jacksgal]

.08 is what the law says is "legally" drunk. As Carl points out one can still be guilty of DUI with a BAC below .08

 

[CdwJava]

Carl, why is the law set at .08 to be classified as a DUI then?

It depends on the terminology used in the state - it's simply semantics.

One can be charged with driving while impaired by alcohol (or drugs) and with a BAC of under .08, and one can be charged with the separate offense of driving with a BAC of .08 or higher.

Some states call these DWI, DUI, OVI, ad nauseum. The term is far less important than the text of the code section for which the person is arrested or cited as it is that code section that will contain the elements of the offense the state must establish at trial.

- Carl

 

[lichyboy]

Thanks for all the comments. I went to my first court hearing today (without a presence of a lawyer) and pleaded "NOT-QUILTY" and wanted to set the case to trial. Asked if I wanted a "Speedy" or a "JURY" Trial, I said JURY. But I couldn't set the date of the trial because I had no lawyer present. What is the best trial? Speedy or jury? what are the effects?