atatbl
Well-Known Member
There's always tomorrow.... you CAN turn it around! Just have faith little fella!
new driver with dwi
- Thread starter RoOkie
- Start date
There's always tomorrow.... you CAN turn it around! Just have faith little fella!
atatbl
Well-Known Member
My wife and I have all the dvds and actually watch one of them every night when we go to bed. It's kind of been a ritual for 4-5 years. I have them all memorized just about. Not surprisingly, I'm shaped much like Doug so thats why I chose the name.
I have all the seasons. I watched them everyday during my sen. year of college. Almost got sick of them until the last season came out. It actually sucked when it ended. I will say, Doug on the scooter was a good pretense for the ending. But the divorce? I don't understand why that had to bring that into play.
dilligaf
IN VINO VERITAS
Here is how they do it here. Actually we were both kind of right BBAG.
Arizona DUI License Issues
What? They have two chances to suspend my drivers license?
When we talk about a first offense DUI in Arizona, there are two possible license suspensions that flow directly from the DUI (presuming that the DUI is charged as a misdemeanor and not a felony). The suspension will be for either 90 days, or for one year, depending upon whether the suspect successfully completed a chemical test without the officer obtaining a search warrant.
One of the most confusing parts of being charged with a first offense DUI in Arizona is the fact that there will actually be two separate and distinct cases against you. How can they do this? Isn't it double jeopardy? The answer is no.
Why is the answer no? The State has two shots at taking your driver's license after a DUI arrest because one suspension flows from a criminal conviction while the other is in regards to your "privilege" to drive. Since one case in civil in nature, and double jeopardy only applies to criminal cases, the State has two chances to remove you from Arizona's highways.
As part of exercising the "privilege" to drive in Arizona, the law says that any person who drives a motor vehicle in Arizona gives consent to a test or tests of their blood, breath, urine or other bodily substances. This is so law enforcement officers can determine alcohol concentration or drug content if the person is arrested for DUI. In essence, by driving in Arizona, you have already consented to the test.
Can I choose the type of test? No. Under Arizona Law, the Police Officer chooses the type of test, and administers it at his/her direction, so long as the officer has reasonable grounds to believe that the person was DUI.
How it happens:
Following an arrest, the officer should request the subject to submit to and successfully complete any test mentioned above that the officer designates. If the subject refuses to submit to the test, or does not successfully complete the test, his/her license will be suspended for 12 months for a first refusal, or for 2 years for a second or subsequent refusal within a period of 60 months.
Any failure by the person arrested for DUI to expressly agree to the test, or to successfully complete the test is deemed a refusal.
Prior to the test, the suspect must be informed that if the test shows a blood or breath alcohol concentration (BAC) of 0.08 or more if the arrest involved a personal vehicle, or 0.04 or more if a commercial vehicle was involved, the person's license will be suspended for at least 90 consecutive days.
Any person who is dead, unconscious or otherwise incapable of refusing to submit to a test is deemed not to have withdrawn consent for the test, and a test can be administered (usually a blood test).
If You Refuse The Test
If you exercise your right to refuse under Arizona's implied consent law, the following will happen:
The Hearing:
The MVD hearing is a civil proceeding, which is different from the criminal case. It is common knowledge that in order to find a defendant guilty of a crime, it must be proven beyond a reasonable doubt. In civil proceedings the standard of proof is much less difficult for the State. In the criminal DUI case in Arizona, you have a right to a jury trial. In the civil case you do not. An Administrative Law Judge decides both the law and the facts when it comes to your MVD hearing.
You must request your hearing within 15 days. If you don't, your license will automatically go into suspension, and you will not be able to fight it. If you have retained our office to represent you and we have signed the retainer agreement and received your retainer deposit before the expiration of the 15 day period, we will be happy to make the hearing request on your behalf. Please note that we will not make the request for you unless we officially represent you.
The Bottom Line:
In Arizona, when you are arrested for DUI, the civil license suspension case can, and usually does, precede the criminal case.
Forget all you've heard about double jeopardy. You can be tried twice for the same crime! If you have been arrested for DUI, you must face prosecution in court, as well as license suspension proceedings with the Arizona Department of Motor Vehicles.
Think of the two cases as separate... except for one critical factor. They both arise out of the same action on your part. You were pulled over for drunk driving.
Arizona DUI License Issues
What? They have two chances to suspend my drivers license?
When we talk about a first offense DUI in Arizona, there are two possible license suspensions that flow directly from the DUI (presuming that the DUI is charged as a misdemeanor and not a felony). The suspension will be for either 90 days, or for one year, depending upon whether the suspect successfully completed a chemical test without the officer obtaining a search warrant.
One of the most confusing parts of being charged with a first offense DUI in Arizona is the fact that there will actually be two separate and distinct cases against you. How can they do this? Isn't it double jeopardy? The answer is no.
Why is the answer no? The State has two shots at taking your driver's license after a DUI arrest because one suspension flows from a criminal conviction while the other is in regards to your "privilege" to drive. Since one case in civil in nature, and double jeopardy only applies to criminal cases, the State has two chances to remove you from Arizona's highways.
As part of exercising the "privilege" to drive in Arizona, the law says that any person who drives a motor vehicle in Arizona gives consent to a test or tests of their blood, breath, urine or other bodily substances. This is so law enforcement officers can determine alcohol concentration or drug content if the person is arrested for DUI. In essence, by driving in Arizona, you have already consented to the test.
Can I choose the type of test? No. Under Arizona Law, the Police Officer chooses the type of test, and administers it at his/her direction, so long as the officer has reasonable grounds to believe that the person was DUI.
How it happens:
Following an arrest, the officer should request the subject to submit to and successfully complete any test mentioned above that the officer designates. If the subject refuses to submit to the test, or does not successfully complete the test, his/her license will be suspended for 12 months for a first refusal, or for 2 years for a second or subsequent refusal within a period of 60 months.
Any failure by the person arrested for DUI to expressly agree to the test, or to successfully complete the test is deemed a refusal.
Prior to the test, the suspect must be informed that if the test shows a blood or breath alcohol concentration (BAC) of 0.08 or more if the arrest involved a personal vehicle, or 0.04 or more if a commercial vehicle was involved, the person's license will be suspended for at least 90 consecutive days.
Any person who is dead, unconscious or otherwise incapable of refusing to submit to a test is deemed not to have withdrawn consent for the test, and a test can be administered (usually a blood test).
If You Refuse The Test
If you exercise your right to refuse under Arizona's implied consent law, the following will happen:
- The test will not be given (unless the officer obtains a search warrant, in which case he/she can immobilize you and forcibly draw your blood);
- The officer will file a certified report with the department of motor vehicles;
- The officer will serve you with an order of suspension that is effective 15 days after the date the order is served;
- You will be required to immediately surrender your license or permit if it is in your control;
- If your license is surrendered, the officer will issue a temporary permit that is good for 15 days;
The Hearing:
The MVD hearing is a civil proceeding, which is different from the criminal case. It is common knowledge that in order to find a defendant guilty of a crime, it must be proven beyond a reasonable doubt. In civil proceedings the standard of proof is much less difficult for the State. In the criminal DUI case in Arizona, you have a right to a jury trial. In the civil case you do not. An Administrative Law Judge decides both the law and the facts when it comes to your MVD hearing.
You must request your hearing within 15 days. If you don't, your license will automatically go into suspension, and you will not be able to fight it. If you have retained our office to represent you and we have signed the retainer agreement and received your retainer deposit before the expiration of the 15 day period, we will be happy to make the hearing request on your behalf. Please note that we will not make the request for you unless we officially represent you.
The Bottom Line:
In Arizona, when you are arrested for DUI, the civil license suspension case can, and usually does, precede the criminal case.
Forget all you've heard about double jeopardy. You can be tried twice for the same crime! If you have been arrested for DUI, you must face prosecution in court, as well as license suspension proceedings with the Arizona Department of Motor Vehicles.
Think of the two cases as separate... except for one critical factor. They both arise out of the same action on your part. You were pulled over for drunk driving.
HEFFERNAN
Huge Member
The last episode was not one of my favorites. The scooter part was hilarious but they tried to make it more serious than funny.
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dilligaf
IN VINO VERITAS
Now don't go throwin no snowballs at me. I don't like the snow! LOL
atatbl
Well-Known Member
Source or werk.....
atatbl
Well-Known Member
Exactly, that is what threw me off. It got pretty serious for a sitcom and it was the last season.
dilligaf
IN VINO VERITAS
upsdude
Well-Known Member
BBag............
I’m a former police officer (Virginia), used to be a fellow could get 2 maybe 3 dui’s before he lost his license. The laws have changed over the last few years, now you give up your license on the spot. Due Process? Sorry, driving is a privilege not a right, the state will win that one every time.
If your job depends on your ability to hold a drivers license, act like it.
I’m a former police officer (Virginia), used to be a fellow could get 2 maybe 3 dui’s before he lost his license. The laws have changed over the last few years, now you give up your license on the spot. Due Process? Sorry, driving is a privilege not a right, the state will win that one every time.
If your job depends on your ability to hold a drivers license, act like it.
atatbl
Well-Known Member
URL? like to see it.
atatbl
Well-Known Member
No, no, no upsdude.... that would require being an adult and not trying to circumvent things. Get with it dude, we are talking about a responsible member of society here. DBAG can do as he pleases. Thank god they took his paycheck to make up for his worthlessness.
soberups
Pees in the brown Koolaid
Section 3. Loss of License
Section 3.1 Leave of Absence
When an employee, in any job classification requiring driving, loses his or
her operating privilege or whose license has been suspended or revoked for
reasons other than those for which the employee can be discharged by the
Employer, leave shall be granted for such time as the employee�s operating
privilege or license had been suspended or revoked but not for a period
longer than one (1) year, provided the driver whose operating privilege or
license has been suspended or revoked notifies the employee�s immediate
supervisor before the employee�s next report to work of such suspension or
revocation. The above provision need apply only to the first (lst)
suspension or revocation except for suspension of commercial drivers license
(CDL) of one (1) year or less duration.
Employees who take a leave of absence under this Section whose loss of
operating privilege or license is the result of driving under the influence of
drugs or alcohol will be allowed alternative work and to return to their job in
accordance with Section 3.3 below.
In other words....if you want to keep your job, you are required to notify your management immediately when you are cited for DUI.
In addition to getting your license back, you will be required to successfully complete a rehabilitation program before returning to work.
The bottom line is this; a seniority driver can get one DUI and still keep his job as long as he gets his license back within a year and completes rehab. Get a second DUI and you are gone.
atatbl
Well-Known Member
It seemed pretty clear that it was a biased source with the whole "forget double jeopardy.... [you are getting screwed]" deal. I guess I would reference (as a starting point) a site like the DMV to anyone looking for accurate advice. If an attorney can beat it from there, well nice job getting away with drinking and driving 
. If not, just view legitimate sites to understand your rights (as spelled out in The Constitution and further state Constitutions).
http://www.dmv.org/az-arizona/automotive-law/dui.php
. If not, just view legitimate sites to understand your rights (as spelled out in The Constitution and further state Constitutions).http://www.dmv.org/az-arizona/automotive-law/dui.php
atatbl
Well-Known Member
OMG. Why do you guys keep bringing up a plethora of of black and white articles and common sense that say the right thing to do. We all know DBAG was giving the correct advice: don't say anything, be irresponsible (both to your family and society) and then get mad when things don't your way.
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atatbl
Well-Known Member
ZOMG!!1!1!!!!! NICE BURN DUDE!!!! I might quit the interwebz after that one!!!!
That is your response to every member that posted after your comment proving you were wrong? Wrong about law, wrong about procedures, and wrong about UPS infractions?
Hang in there lil' buddy..... there is a light at the end of the tunnel.
Until then, just keep amusing us by digging.....
But Benefits Are Great!
Just Words On A Screen
I never gave advice. I asked why in the world someone would profess guilt on something that they had not been found guilty about.
Thanks to soberups, I got my answer.
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