How to get out of a DUI charge?
I live in alberta canada and my boyfriend got drunk and went over a a cliff and I need to know the best way of getting the charges cleared. He has no past record. He blew 160 per 100 milliters of blood than an hour later blew 140 per 100milliters of blood? ...
I live in alberta canada and my boyfriend got drunk and went over a a cliff and I need to know the best way of getting the charges cleared. He has no past record. He blew 160 per 100 milliters of blood than an hour later blew 140 per 100milliters of blood?
There is no way anyone on here can tell you how to get out of the charge. There is no way of knowing, without reviewing the file disclosure, if there are possible arguments against the charge. One of the few reasons it would be thrown out is if the officer did not have enough reasonable grounds to make the breath demand (considering the accident, all he would need would be the smell of alcohol on his breath. Given the readings, I would say that was present). Or if his rights were breached at any point. There is not enough information here to know if that was the case. You can do things like argue the instrument has not been properly taken care of (if it wasn’t) or not working properly (if it wasn’t) but then you have to know alot about the machines to prove that. You can’t just say you think it wasn’t working.
His best bet is to hire a lawyer. Legal aid does not take Impaired Driving charges. A good one that might give you a chance is going to cost twice as much (at least) as the fine he would pay if found guilty and there is no guarantee he will get off.
If he is found guilty, the judges give stiff penalties and fines as the BAC readings go up (his was twice the legal limit for the first). Plus the fact an accident was involved is also a strike against him. Were there people in the car?
He could always make a plea agreement with the Crown to change his plea to guilty in return for the usual sentence (if he feels the circumstances may increase the sentence).
Or he could take responsiblity for his actions and just plead guilty. He is.
ETA- In Canada, the minimum penalty for Impaired Driving is set out by the Criminal Code. Meaning his is getting at least a $1000 fine (maybe a little more with court costs or higher if the judge wants) and at least a 1 year driving prohibition (again can be more if the judge wishes). In Alberta, they may offer the ignition interlock program, depending on where. That would take the place of the prohibition. There are no programs to take that will get him a lesser sentence. It might look good if he takes AA or other things, and he may not get a steeper fine, but the basic fine still has to be awarded.
Honey, does your daddy know you’re seeing this guy? And do you understand that if you had been in the truck with him, you might well be DEAD?
Don’t drink and drive and don’t help get the charges cleared. You’re only going to encourage him to drink and drive again.
Ha, good luck. Unless the cop makes a mistake your chances are probably slim to none. My best advice would be to have him call the local state attorney or whatever you call it there (the guy who defends the state or province in the case) and see if there is anything he could do to get it cleared up, take classes, do community service, etc…
he’s screwed
hahahaha…no way in hell will a judge clear those charges.
If he drove off a cliff, be glad that he is alive to face the charges. And face them he should. He needs to hire a lawyer and hope for the best.
Aren’t you able to put yourself in her shoes for a moment and be civil?
I think you mean to stop the punishment. Not forgetting that he needs treatment for the drinking right? Listen even if he drinks a little, it has created a lot of trouble for himself and those that care about him. So why not have a lawyer push for an alcohol treatment and probation? You must understand he needs treatment. The drinking has caused him a problem. Even if he dramnk just that one time in his whole life. over a cliff sounds like he nearly lost his life. Some people would say that it should suffice as a wake up call, but that’s not how it goes with alcoholic disease. I’m not judging your friend or you. Understand that this is a disease, not a moral issue Good luck.
You don’t…..you take responsibilty for your actions like an adult.
If he wants to risk the lives of himself, his friends/family, and the innnocent motorists on the road, he should pay.
That’s common sense, and the fact that you want to help him get out of it tells a lot about you as well.
He needs to take the punishment and learn.
Don’t get the milliliter thing……….Just tell him to get a good lawyer.
you can’t get it cleared. If he failed the test, then all the proof is there to make him guilty of the DUI. He is lucky he is still alive and didn’t kill someone else.