Alcohol & Drugs: DUI, DWI Underaged DUI - What should I do?

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maikole

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OC, California

It has been 2 days since my license has been suspended. I am seventeen years old and I was drinking at a party. My friend (a girl) and I were at my car to get some gum when a fight broke out infront of the house. Neighbors wanted to break up the fight and when they got involved, someone stabbed the neighbor and smashed his head. This prompted a call to the police.

When I heard that someone got stabbed, the first reaction I had was to drive off (def. not a good idea) with my friend. I backed up from my parking spot on the side of the road and as I was leaving the cul-de-sac, I almost collided with a police car who drove onto the opposite side of the road (most likely to TRY to stop me forcibly). This, however, almost caused me to hit the police vehicle which I stopped just in time to avoid crashing into it. A police officer then came out of the car and banged on my hood with either a flashlight or a gun (someone unclear of all the details) and it caused a significant dent on the side of my hood (unrepairable).

They had me and my friend put our hands on our heads and sit. After sitting for over ten minutes, I could not resist and threw up in the car. When this became apparent to the police, they pulled me out of the car and had me lie on the ground before having me sit on the sidewalk. One officer questioned me about whether I saw the fight and I told them I didn't see much. They tested me twice with a breath test and I believe I registered around .14. While I was sitting on the sidewalk, I threw up about two more times.

After several hours, while the rest of the police (about 9+ cars showed up) investigated and questioned the people at the party), they allowed my mom to come with a friend to pick me up and drive me off. Luckily, they did not impound my vehicle. I left with everything except my license; now replaced with a temporary license.


What I want to know is, what steps should I take now to reduce the effects of this event? Should I request a hearing? If so, what things can be argued about?

Right now, it doesn't seem like there is anything on my side. I don't believe I will have access to a lawyer. What steps can I take to ensure a lesser punishment? Should I use the fact that there was a fight to justify my moving the car away from the scene? Can I reduce the penalty by saying that I was merely trying to avoid the trouble? What things will help me right now?

Any advice? What should I expect?

What can be said at the DMV hearing?

Thanks for all replies.
 
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First, why wouldn't you be entitled to a lawyer? And secondly, driving under the influence is a law violation no matter what the reason is. I don't think a judge would say that was okay given the circumstances you were in.
 
I don't see any defense at all here because you should not have been drinking in the first place.

A DUI at 17 is very serious and I have no idea what your parents plan on doing once they get wind of this.

You can hire an attorney or let your PD help you but you need to tell your parents since you are a minor and they are respoonsible for you.
 
I am of course entitled to a lawyer but i may not be able to afford one at this point. This is still under consideration. I am looking for the best possible ways to resolve this issue the best I can.

Also, duranie, of course my parents know about htis event. They were the ones to take me home from the scene. It would not be possible or logical to leave my parents out of this. I'm here to learn more about the procedues and to see what happens in this situation and what i should do.
 
Make sure you're ON TIME to your hearing, and explain your case the best that you can. Where do your parents stand on this? Could they help you out with lawyer fees?
 
Schedule the hearing with the DMV within 10 days ... you won't likely win, but it will buy you some time with regards to your license status.

Whether it is worth getting an attorney or not depends on whether you were charged with CVC 23152 or 23140.

Consult local counsel to be informed of all your options.

- Carl
 
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