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DUI and Hit and Run, by a Minor Driver

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  • 01-27-2009, 11:44 AM
    Easn
    DUI and Hit and Run, by a Minor Driver
    My question involves criminal law for the state of: Nevada.

    I was driving home from a friends house and I braised the cars bumper in front of me, yet I didn't realize because I was intoxicated. I got to my house, went inside, and by the time I was done using the bathroom the cops were at my front door. I'm 17, so therefore I am a minor, I received hit and run and DUI charges, I blew a BAC of .16, and my first court date is in a month. Can anyone help me as far as what will result from the court date?

    I am hoping that the hit and run charge will be dropped if I state, even though it promotes my stupidity, that I wasn't intentionally leaving the scene of the crime because I didn't even know I had hit the car.

    I also live about 10 miles from work so driving is essential to me, and if I can get a restricted license to drive from school and work, and how long will my license be revoked for? 90 days?

    THANK YOU SOOOO MUCH TO ANYONE WITH ADVICE!
  • 01-27-2009, 10:47 PM
    DUIHelp
    Re: DUI and Hit and Run, by a Minor Driver
    I am not sure if you realize how serious these charges are. You could potentially be facing:

    1) Up to 6 months in jail

    2) Loss of license for 90 days

    3) fines up to $1K

    4) Drug and alcohol classes

    THIS DOES NOT INCLUDE the hit and run charge. It most states, if you are charged with any type of hit and run while under the influence alcohol it is automatically charged as a felony.

    I am not saying this to scare you by any means, just to help you understand that you need to act immediately in trying to get this resolved and find out where you stand.

    I would also highly recommend that you tell your parents and contact an attorney immediately (hopefully your parents can help you out with finding one). These are very serious charges against you.

    I wish you all the best of luck. Hopefully you can get the hit and run dropped (that should be your main goal).

    Take care and good luck, I always hate to hear these types of cases.
  • 01-28-2009, 11:50 AM
    LawHobbyistMN
    Re: DUI and Hit and Run, by a Minor Driver
    The minimum suspension for DUI in Nevada is 90 days. Considering you were double the legal limit, underage, and hit someone you can probably count on a bit more. You can get a work permit after 45 days. If Nevada's law is like Minnesota's you will have to pay all fines before you can get a work permit. Good luck.
  • 01-28-2009, 12:36 PM
    gigirle
    Re: DUI and Hit and Run, by a Minor Driver
    For starters, I realize that you are a minor and I'm quite familiar with 17 yr olds so I will tell you this. What your facing is a serious felony charge (hit and run) if someone was injured in this accident. If you don't have an attorney, you need to get one and yesterday. Your entire future could be riding on this charge. You seem to think that you have a shot at getting these charges dropped for some reason (per your post:"I am hoping that the hit and run charge will be dropped if I state, even though it promotes my stupidity, that I wasn't intentionally leaving the scene of the crime because I didn't even know I had hit the car."

    With a juvenile DUI and a hit and run, the least of your problems at this point is a work permit. Not only do I not see you driving, but I don't see it for quite some time unless the hit and run is somehow reduced. Being too drunk to know you hit and ran isn't exactly going to get a charge dropped, but IF your lucky enough, reduced. You didn't mention if anyone was hurt or not.
    Quote:

    The driver of any vehicle involved in an accident on a highway or on premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his vehicle at the scene of the accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.
    A person failing to comply with the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not less than $2,000 nor more than $5,000.
    If no one was injured, you could be looking at a misdemeanor but could still face jail time. Coupled with the DUI, you increase your chances.
  • 01-29-2009, 12:26 PM
    Easn
    Re: DUI and Hit and Run, by a Minor Driver
    Quote:

    Quoting DUIHelp
    View Post
    I am not sure if you realize how serious these charges are. You could potentially be facing:

    1) Up to 6 months in jail

    Yet I'm a minor, so how would I serve jail time? I don't know if it's set in stone, but I'm pretty sure I already know that I have to serve 96 community service hours.

    No one was hurt in the accident, so does that mean no felony charges?
  • 01-29-2009, 01:14 PM
    gigirle
    Re: DUI and Hit and Run, by a Minor Driver
    Being a minor doesn't make it a good thing for you. It doesn't make you exempt you from jail either, just more likely to be served in DH than real jail. Are you being charged as an adult? If so, you go to regular jail. Do you know exactly what you were charged with...the code #'s?
    That will tell us if its a felony or misdemeanor...since no one was hurt, it's likely a serious misdemeanor. Just depends on what your papers say. That and a DUI together...I seriously hope you have a great (not good) lawyer.
  • 01-29-2009, 01:21 PM
    Easn
    Re: DUI and Hit and Run, by a Minor Driver
    I attempted to get a copy of the police report but no luck there.

    I don't think I'm being charged as an adult because I don't turn 18 until September.

    And I wasn't planning on getting a lawyer because I didn't think it would help, just use the court assigned one. Is it really that vital to get a good lawyer?
  • 01-29-2009, 01:36 PM
    gigirle
    Re: DUI and Hit and Run, by a Minor Driver
    Only if you need to drive for the next 4 or so years, or hope to get out of jail time. Do you a ticket? the number should be on there. You should have something saying what your charged with and when you go to court.
  • 01-29-2009, 01:58 PM
    Easn
    Re: DUI and Hit and Run, by a Minor Driver
    On the Nevada DMV website it says that the license is revoked for 90 days, but are you saying 4 years because it is worsened by the Hit and Run charge?

    The only paper I have is one titled "Juvenile Justice Services Return Agreement" and under charges it says exactly:

    #900208 TRF/DUI - Alcohol
    TRF/Hit and Run

    Yet I think that number might just be the court case. I live next to an attorney so I'm hoping to get her 2 cents on this later today.
  • 01-29-2009, 02:05 PM
    gigirle
    Re: DUI and Hit and Run, by a Minor Driver
    That would be the punishment if you were of legal age to drink! Your NOT. That coupled with the hit and run....get next door today!
    http://www.dmvnv.com/pdfforms/dlbook.pdf
    check out page 57. The criminal charges part is what you need to see. I will say that Nevada underage DUI laws are very lax...consider yourself lucky you live there.
  • 01-29-2009, 02:36 PM
    Easn
    Re: DUI and Hit and Run, by a Minor Driver
    After looking at the DMV handbook do you believe that my license will be gone for 90 days, 400-1,000 dollar fine, 96 hours of community service and whatever else it said on there?

    Plus, I never received a ticket for the Hit and Run, so I'm not exactly sure what that means, all I know is that I didn't get a ticket and that there was only that number next to the hit and run.
  • 01-29-2009, 02:54 PM
    gigirle
    Re: DUI and Hit and Run, by a Minor Driver
    Quote:

    After looking at the DMV handbook do you believe that my license will be gone for 90 days, 400-1,000 dollar fine, 96 hours of community service and whatever else it said on there?

    This is the state minimum. So that at LEAST.
    Quote:

    .02 alcohol concentration for drivers under 21 years of age
    — Driver’s license is suspended for 90 days.
    — May be required to fi le an SR-22, Proof of Financial Responsibility. See Chapter 6.
    — Criminal penalties may be imposed.
    • Criminal
    First DUI offense:
    — Driver’s license revoked for 90 days. After half the
    revocation period has been completed a restricted license may be issued.
    — Jail sentence of 2 days to 6 months, or 96 hours of community service.
    — Fine of $400 to $1,000.
    — Payment of tuition for DUI school; average cost is $150.
    — May be ordered to attend a program of treatment when the concentration of alcohol in your
    blood or breath is .08 or more.
    A couple things to note: Your assuming that you'll get community service. You could go to jail. You are also leaving out any rehab. You said in your OP you had a BAC of .16 are you sure about that?
    These is for the DUI and does not include the hit and run
    Quote:

    #900208 TRF/DUI - Alcohol
    TRF/Hit and Run
    This is your case number. Your being charged in juvenile court which is to your benefit. You are being charged with hit and run.
    I really urge you to speak to your neighbor and get her advice, shes in the local system and should be able to be of assistance. I can't even imagine how much it's going to cost to insure you.
  • 01-29-2009, 03:12 PM
    Easn
    Re: DUI and Hit and Run, by a Minor Driver
    I already know that I will be on probation for 6 months after my court date, so I think that cancels out rehab or substitutes it.

    And I am almost positive a minor can't go to jail. I guess it could be a possibility of Juvenile Hall, but I don't think jail. I'm waiting until tonight so I can be sure that she is home to talk to her. I'll keep you posted.

    And also, I know a kid that is going to court on Monday for DWI. He crashed his car into a wall on Promethazine and he also has drug charges of some sort. Can I somewhat compare my sentence to whatever he receives in your opinion?
  • 01-29-2009, 03:28 PM
    gigirle
    Re: DUI and Hit and Run, by a Minor Driver
    Probation is a great outcome for you. I also don't think you'll go to jail, maybe the DH for a couple of days. You need to appear humble and remorseful when you do face the judge.
    If you have the ability to talk to the kid then do. He may have some pointers as to what to do and not do. You quite possibilty get the same sentence.
    Keep me informed, I feel for ya.
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