What kind of trouble is my friend in?

David Xanatos · #1 01-24-2009, 02:05 AM

My drummer friend, his girlfriend and a buddy were driving back home from a club the other night drunk (and underage - 20). He gets into an accident and the car flips over. Everyone survived alright aside from cuts, bumps and bruises. After being released from the hospital the following day he was arrested and charged with felony DUI. Do any of you know what kind of penalties he's looking at? He's out on bond now and scared ********.

GeneralElectric · #2 01-24-2009, 02:12 AM

Your friend is screwed.

baalroo · #3 01-24-2009, 02:48 AM

Well, for the severity of what he did he should get off pretty light. I don't know how it works out in california (do you still have the 3 strikes thing?), but here in my state his insurance would shoot up drastically and he'd probably lose his license for a year or two. That's assuming no prior convictions of course.

I think all things considered he should just be happy to be alive and to not have the death of another human being weighing on his concience for the rest of his life.

GeneralElectric · #4 01-24-2009, 02:57 AM

CA doesn't have a 3 strikes rule.

Bottom line, your friend has already lost his license. A friend of mine lost his for 2 years, another lost his for 5. Both of them were of legal drinking age.

The fact that he was admitted to a hospital means its going to be very hard to argue otherwise in court, and the fact that he is underage just exacerbates the problem.

He might also face some jail time.

EDIT: I might add that its a felony since other people were in the car.

I've been IMing my friend who got busted with a DUI back when I lived in SF. He was actually underage at the time (18) Aside from the fact that I can't remember how old my friends are, he'll need to attend an education program. He'll get his license returned when they deemed that he's satisfactorily completed the program. It took my friend 5 years, but then again, he wasn't exactly on top of it.

Your friend will also have to deal with law suits from his fellow passengers.

My friend Joel, a New Yorker, hit a midget driving a station wagon about 2 years ago. It was his first offense. He still hasn't gotten his license back.

Also, do me a favor, hit your friend for being ****tarded.

Bad Brains · #5 01-24-2009, 02:58 AM

The best advice for them is to hire a good attorney, which won't be cheap.

Happynoj · #6 01-24-2009, 06:46 AM

Quote:

Originally Posted by GeneralElectric

Your friend will also have to deal with law suits from his fellow passengers.

Are you being serious?

thumpbass1 · #7 01-24-2009, 07:03 AM

Quote:

Originally Posted by Happynoj

Are you being serious?

It can happen, especially here in the U.S. where as far as I know in all 50 states it's not just criminal prosecution that one has to worry about. If a person is brought before the criminal courts for a crime that caused injury or death, and destruction of property, they can also be at risk of facing a trial for civil damages as well, in our civil court systems.

JimB52 · #8 01-24-2009, 07:32 AM

In most states, getting in a vehicle with an impared driver is an assumed risk, making it much more difficult to sue the driver.
He'll probably lose his license for at least a year. He needs a good attorney to avoid possible jail time or probation.

ElephantTalk · #9 01-24-2009, 07:51 AM

If there was another car in the accident, then he'll probably get sued.
Injuries aren't always apparent the first few days. After a while you'll start to "feel" things being out of whack.
Treating those problems won't be cheap, so the bills can be forwarded to the driver who caused the accident.

Baryonyx · #10 01-24-2009, 07:56 AM

He better start practicing how to keep hold of the soap. Silly boy.

Jeff K · #11 01-24-2009, 08:15 AM

He might want to hire a lawyer who specializes in DUI cases.

RWP · #12 01-24-2009, 08:50 AM

I feel really sorry for your friend, this is going to be a hard lesson learned. On the bright side no one was seriously hurt.

Norwegianwood · #13 01-24-2009, 09:01 AM

Well, seems to me he was lucky. Listen to what happened here the other day: 22 year old driver flipped his car over, killed himself and two 16 year old sisters. All of them were drunk.

**line6man** · #14 01-24-2009, 09:11 AM

I don't want to sound rude, but honestly, i believe that whatever penalty he gets, he most certainly deserves for doing something so incredibly stupid as to drive drunk AND drink underage.

Seriously, that is one of the stupidest things a person can do, and i don't think that he should get off easy for it.

Toasted · #15 01-24-2009, 09:27 AM

From the bottom of my heart I hope he goes to jail for a really long time.

Selta · #16 01-24-2009, 09:35 AM

Quote:

Originally Posted by line6man

I don't want to sound rude, but honestly, i believe that whatever penalty he gets, he most certainly deserves for doing something so incredibly stupid as to drive drunk AND drink underage.

Seriously, that is one of the stupidest things a person can do, and i don't think that he should get off easy for it.

+1

etoncrow · #17 01-24-2009, 09:36 AM

How could he be charged the next day after he was sober? Unless they took blood at the hospital for testing (and they would need his written permission) what proof do they have that he was intoxicated?

Deluge Of Sound · #18 01-24-2009, 09:46 AM

They don't actually need your written permission if you've been hospitalized.

etoncrow · #19 01-24-2009, 09:52 AM

I believe they do to test for alcohol...I mean the kid is absolutely stupid but if being stupid meant giving up your rights then history as we know it would be completely different.

alembicguy · #20 01-24-2009, 10:05 AM

They dont need his permission due to the events leading up to the being hospitalized.