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  1. #1
    Join Date
    Oct 2007
    Posts
    7

    Question DUI, Hit and Run, and Driving on a Suspended License, with No Insurance

    My 19-yr-old son was sworn into the Navy and on the Deferred Entry Prgm. He had a DUI at age 18 (under the legal limit: .05--but underage). He had finished all the required classes, paid off all the fines, and was "just" eligible to get his license back...by a few days prior. He had successfully gotten his probation lifted in court in order to be sworn into the Navy. He was looking into getting SR22, but lacked funds, awaiting his next paycheck. He was supposed to go try out on Monday morning for SEALS. On the Saturday night prior, in July 07, he went to a party, drove his truck without insurance or license, drank heavily...passed out at the wheel...hit parked vehichles...flipped his truck. Miraculously, he and his passenger escaped unscathed. He awoke upside down. They got out of the vehicle, and fled the scene (he was afraid of the implications for his Navy DEP prgm). They came to our house, in his room. The CHP showed up at our house, took his blood level:.21. He has charges of 1) DUI, 2) Hit & Run, 3) driving on a suspended license, 4) driving without insurance. All are misdemeanor charges. He has 2 previous misdemeanors on his record. The Navy has dismissed him until these new court charges are resolved. They have a maximum of 3 misdemeanors on his record. That means just one more allowed. We went to court on his appointed date and the ticket had not been filed yet. We are waiting. Is there any chance of getting his charges bundled into one misdemeanor charge? Does the fact that he was eligible to get his license renewed mean that technically it was no longer suspended? What about the DUI? Is there any chance of getting out of it since he was not tested at the scene of the accident? Even though his passenger told the CHP he (my son) was drunk, and it's in the report? Any advice on how to request favor from the judge because of his Navy hopes? My broken heart is aching for my son who wants to turn his life around, and the Navy would be so good for him. I appreciate any advice. Thank you, and God bless.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: DUI, Hit and Run, and Driving on a Suspended License, with No Insurance

    His odds aren't good. He was given a chance and he blew it, big time. He has at best an emerging alcohol problem, and at worst is already an alcoholic. Consider helping him get a criminal defense lawyer, and encourage him to start AA.

  3. #3
    Join Date
    Oct 2007
    Posts
    7

    Default Re: DUI, Hit and Run, and Driving on a Suspended License, with No Insurance

    Thank you for your comments. Unfortunately, we are "poor folk", and helping him with a lawyer is not an option (I can't even afford to go to the doctor to check my own health). So, he will be reliant upon the expertise of the Public Defender. I will recommend AA to him, but he doesn't think he has a problem, just is drinking with his friends because it's fun and there's nothing else to do. An extremely strong-willed individual, I cannot "make him" do anything. I could kick him out of the house, but he'd be homeless. I won't do that to him. He is at what I hope is the worst situation in his life and I think he needs me to help him as much as I can...even if that is emotional support, unconditional love, and encouragement and advice. I guess that is why I'm trying this on-line method of seeing what to expect, and if there's anything he/I could do to help the bleak situation. I know...he knows...he blew it major big time this time. Like you said, he was given a chance and totally blew it. He lost everything...his truck, his hopes (?) of going into the Navy, all his money (he used his inheritance from his father's death to pay for all the DUI classes and fines the first time around, and his now-gone truck). I worry that all this stress, impending financial disaster and bleak future could prove too much for a 19-year old. Did you consider my specific questions: if the fact that he was eligible at the time of this accident to get his license means it was no longer technically "suspended"?, and the other one: that because they didn't test his blood level at the scene with the vehicle, that that could in some way negate the charge of DUI? Thanks for listening, and your response...

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: DUI, Hit and Run, and Driving on a Suspended License, with No Insurance

    Alcoholics and other addicts rarely think they have a problem. And most that do recognize a problem think that they can manage it. That's part of the disease. You can still encourage him to go to AA, keep an attendance record and get a sponsor, because it may help him in court. Getting his foot through the door is a start.

    Eligibility to get a license back is not the same thing as having it back. If he hadn't reinstated his license, it was still suspended. Given that he fled the scene, he can try to argue that he got drunk after the accident, but judges and juries don't typically believe that type of claim.

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