A question for attorneys, or anyone with a basic knowledge in law.

MarkI · Jun 9, 2010

Over the memorial day weekend I got stopped for a DWI, not my proudest moment, I know. I'm not looking for any lectures. I blew just a pinch over the legal limit, in any case, in the tickets and court documents that were given to me, some of the paperwork, and all the tickets have my name spelled wrong, and the wrong date of birth.

Does this somehow invalidate any of these things, and not make them hold up in court?

DNW · Jun 9, 2010

In short, no.

Blowing a "pinch" over the speed limit, however, might give you something to work with. Hire an attorney who does DUI work and see if he can work out a deal for you.

Disclaimer: none of the above is legal advice.

rjakapeanut · Jun 9, 2010

hopefully not. you deserve to be prosecuted to the fullest extent of the law.

DNW · Jun 9, 2010

Originally Posted by rjakapeanut

hopefully not. you deserve to be prosecuted to the fullest extent of the law.

Easy there, Tiger.

Ataturk · Jun 9, 2010

Originally Posted by rjakapeanut

hopefully not. you deserve to be prosecuted to the fullest extent of the law.

Personally, I think DUI per se (i.e., if your BAC is over 0.8, you're guilty) laws are stupid. "Buzz driving is drunk driving"--except it isn't. But whatever.

To the OP: you need an attorney.

FLMountainMan · Jun 9, 2010

Originally Posted by MarkI

Over the memorial day weekend I got stopped for a DWI, not my proudest moment, I know. I'm not looking for any lectures. I blew just a pinch over the legal limit, in any case, in the tickets and court documents that were given to me, some of the paperwork, and all the tickets have my name spelled wrong, and the wrong date of birth.

Does this somehow invalidate any of these things, and not make them hold up in court?

As others have said, the wrong name and birthdate is immaterial. They have your license and a way to track you. Being a pinch over the legal limit however, gives an attorney, which you'll have to hire, some leeway in getting you off. It might cost a couple grand, but will probably save you money in the long run.

MetroStyles · Jun 9, 2010

Originally Posted by FLMountainMan

As others have said, the wrong name and birthdate is immaterial. They have your license and a way to track you. Being a pinch over the legal limit however, gives an attorney, which you'll have to hire, some leeway in getting you off. It might cost a couple grand, but will probably save you money in the long run.

I've never been caught DUI but out of curiosity, what are the costs of a DUI in the long run? Much more expensive auto insurance? Anything else?

Piobaire · Jun 9, 2010

Originally Posted by MetroStyles

I've never been caught DUI but out of curiosity, what are the costs of a DUI in the long run? Much more expensive auto insurance? Anything else?

If you hold a professional license, plan to apply for a professional license, sit on a BoD, etc., it can be both costly and a source of repeated embarrassment.

Disclaimer: I have not had a DUI but know enough about the above to assure you it's true.

Ataturk · Jun 9, 2010

In many states the punishment for subsequent DUI convictions increases exponentially with each prior conviction, also.

crazyquik · Jun 9, 2010

Originally Posted by MarkI

Over the memorial day weekend I got stopped for a DWI, not my proudest moment, I know. I'm not looking for any lectures. I blew just a pinch over the legal limit, in any case, in the tickets and court documents that were given to me, some of the paperwork, and all the tickets have my name spelled wrong, and the wrong date of birth.

Does this somehow invalidate any of these things, and not make them hold up in court?

Were you also given field sobriety tests, or just a blow on the breathalyzer?

odoreater · Jun 9, 2010

There are lots of defenses to a DUI, regardless of what you blew. In fact, I've beaten 3 DUIs this month. Them spelling your name wrong on the ticket is not a defense. Hire a lawyer. If this happened in New Jersey, hire me.

FLMountainMan · Jun 9, 2010

Originally Posted by MetroStyles

I've never been caught DUI but out of curiosity, what are the costs of a DUI in the long run? Much more expensive auto insurance? Anything else?

Varies from state to state. The haranguing harping harridans at MADD are always pushing for stiffer penalties. In the greatest state in the union, Florida, the total cost, including insurance increases, paying for all the monitoring, the fine itself, etc. is around $10,000 and many dui attorneys will take your case for around $2,000.

MrG · Jun 9, 2010

Originally Posted by odoreater

There are lots of defenses to a DUI, regardless of what you blew. In fact, I've beaten 3 DUIs this month. Them spelling your name wrong on the ticket is not a defense. Hire a lawyer. If this happened in New Jersey, hire me.

Damn, dude, it might be time to lay off the sauce!

odoreater · Jun 9, 2010

Originally Posted by MrG

Damn, dude, it might be time to lay off the sauce!

Doh!

I meant I beat them for clients, not for myself.

javyn · Jun 9, 2010

Refuse to blow next time. Your license will be suspended for 3 months and the cop will probably kick your ass, but they won't have evidence to prosecute.

A question for attorneys, or anyone with a basic knowledge in law.

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