nngmm5613 replies95 discussionsRegistered UserPosts: 5,708Senior Member
Are you saying that you did not drink anything, got pulled over for a tailgate light, tripped over your sandal, got DWI, and never thought of it as a problem?
Where is the "mischief" here? What does Adderall have to do with any of this? What is it that you claimed to "take seriously" in your previous posts?
Sorry kid, but you just sound like you got caught, and are trying to find an easy way out. This is not going to work for you.
violadad6351 replies294 discussionsRegistered UserPosts: 6,645Senior Member
I'm sorry, but something just doesn't ring true here.
You've gotten sage advice here. Let me add my comments.
If you're not being honest, you will have issues that will haunt you for a long time. In college, your professional and personal life. Break the pattern now, learn from a mistake, and own up to it. Take your lumps and move on, with an understanding of the gravity of the alleged offense, and take steps to avoid a re-occurrence or similar issues.
If what you state is true about the meds, you need your parents and a lawyer involved. Medical history, prescription useage/dosages, med timing may serve to prove you not guilty. If it were my kid, I'd be asking how to fight and clear erroneous or false charges as opposed to how to deal with this on a college app.
Realize also that a similar offense/conviction for drugs will prohibit a student from eligibility for federal need based aid for a specific time period. The details are outlined on the FAFSA webpages. Perhaps if the rules were amended to include DUI/DWI as a similar aid stopper, it might serve to curtail some of the problem. But that's just my $.02.
sabaray7013 replies80 discussionsRegistered UserPosts: 7,093Senior Member
Eric, what my son did only applies in his situation. What any other kid did to redeem himself only applies in their situation.
I've heard all the stories. I've heard all the excuses. I want to believe you but I can't. Talk to your parents. You can work through this but first you have to acknowledge a problem and you haven't done that yet. That's the first step.
ericmodify70 replies9 discussionsRegistered UserPosts: 79Junior Member
Trying to prove myself not guilty on CC does not stand for anything. A paticuarally damaging statement my parents gave the police was that I had a glass of wine with dinner way before this happened. They are trying to say synergy of the adderral and the alcohol made me a dangerous driver and that is why this case is not looking good.
I had to resign my position of stu co president yesterday because this talk in my community was making the administrators and my sponsers uneasy.
If not taking adderral is what I have to do to not 'be safe on the road' and not get in trouble, I would be more than happy to not take it...but something just sounds wrong there
Pizzagirl40174 replies320 discussionsRegistered UserPosts: 40,494Senior Member
OP, can you please clarify -
Were you indeed drinking and driving and suspected of a DUI, but the breathalyzer didn't pick up on it?
Or were you just minding your own business, hadn't had a drop to drink, got pulled over for a busted taillight, and mistakenly accused of being drunk because you tripped from wearing sandals? (Why would a cop pulling someone over for a busted taillight need them to get out of the car and walk a straight line, anyway? Were you weaving / driving erratically?)
Knowing which is it will help the parents on here help you (both from a college-admissions standpoint but more importantly, from a life-lesson standpoint). Good luck to you.
ericmodify70 replies9 discussionsRegistered UserPosts: 79Junior Member
Cops where I live routinely give high school kids trouble. This happened around 11 I had dinner around 630. The cop specifically said "you look suspicious", and when he asked if I could do his test in sandals I said yes because I thought I would pass easily...I didn't. He asked me if I took any drugs I said I took an adderral earlier because I have A.D.D so he arrested me because I was 'unfit' to drive.
Later when the cops called my parents, for god knows what reason they mentioned I had a glass of wine at dinner, which I did. That's why this has become a nasty case...they law outlines that you do not have to be over .08 on the BAC to get a DWI, just unfit to drive do to however much alc or drugs.
And no Pizzagirl, there was no erratic driving involved.
goaliedad2158 replies41 discussionsRegistered UserPosts: 2,199Senior Member
Something is not right with the story here, as in another thread, the OP has indicated that he has resigned a school leadership position as a result of said DWI - hardly the actions of a person without fault in a situation like this.
Most people who are pulled over and field-sobriety tested without good cause (broken tail light does not justify field-sobriety check, but the smell of a substance or other erratic behavior once the cop pulls you over does) fight the issue on all fronts, not just the legal front.
The ADD drug reference is irrelevant. First, a breathalizer doesn't test for it. Second, that category of drug, if taken under the order of a physican in proper doses (not speed rushing) is not grounds for a DWI. Quite frankly, if the OP has ADD, I wouldn't want him out their without taking your medicine to help him focus.
Addressing the original question, my advices is to answer all questions on the application honestly, update the application as the legal proceedings move forward, and deal with the consequences as a life lesson. Given the timing right now, the proceedings should be completed except for EA/ED situations. And a decent lawyer should be able to get it resolved one way or another (plea bargain or dismissal for lack of physical evidence on breathalyzer) even before those deadlines.
OP may or may not be telling us the complete story. However, if he presents himself this way on college applications, he will definitely have difficulty showing the maturity that the highly competitive schools desire. Grades, test scores, URM status are meaningless if you demonstrate an attitude toward serious legal proceedings to which you are a party to.
samiamy1630 replies82 discussionsRegistered UserPosts: 1,712Senior Member
Doesn't Texas have a zero tolerance policy for underage drinking regardless of the brethlyzer? Meaning the laws under 21 are different for a DUI/DWI and BAC levels over 21?
violadad6351 replies294 discussionsRegistered UserPosts: 6,645Senior Member
Again, if what you state is true, I would urge you and your parents to consult/retain a lawyer.
From a layman's perspective, the laws of your particular state regarding the consumption of alcohol under the auspices of parental supervision may play a part. The timing of the consumption of the wine and the time of the pullover is also important. Clinical studies (or the absence thereof) regarding the interaction of your specific meds with alcohol need to be weighed. Perhaps a medical/prescribed drug infraction carries different penalties, charges, and rehabilitory/restitution penalties. The context and nature of your parents statement may or may not be evidence. Discussing, stating, or rearranging specific facts of a pending criminal hearing within a public forum may not be a wise idea.
I'm not a lawyer. The thread has deviated from the op's opening point. In the interest of potentially doing more harm than good, I would urge caution in furthering the discussion.
sabaray7013 replies80 discussionsRegistered UserPosts: 7,093Senior Member
Unfortunately, marite, I believe it is a common practice among those who choose to celebrate excessively on the weekends. I believe medically it is contraindicated as it puts enormous strain on the liver. Depressant/stimulants generally don't mix well. Alcohol usually doesn't mix well with any medicine.
goaliedad2158 replies41 discussionsRegistered UserPosts: 2,199Senior Member
Update since I was writing during other posts...
You may have bigger problems than originally thought. Admitting to drinking is an automatic MIP, unless your state allows (a few do) minors to consume alcohol when served by parents in their own home. Hopefully that isn't on your ticket as well.
Not giving sympathy for the "cops pick on students" excuse here. I was pulled over at age 19 in my parents car after being tailed (while driving at the posted speed limit) at night so closely that I couldn't see their headlights. They were pushing me to violate the law. Still pulled me over. Intentionally mispronounced my last name to a vulgar insult to try to provoke me. I remained calm. Had me face down, spread eagle in the rain in the middle of the road for 10 minutes while pulling every thing out of my parents new Toyota (ostensibly looking for drugs). Left everything all over the wet ground (including registration) when they released me to clean up "my mess". No ticket issued.
I did recognize the pair, however depsite their failure to give badge numbers. I did not file a complaint, however. I did tell the owner of the restaurant where I worked about the incident the next day. That particular restaurant had a policy of giving cops 1/2 price food. When they walked in, he pointed me out (working in the kitchen) and asked them not to return to the establishment, as they had wronged a good person. I saw the look in their eyes (they then recognized me).
Point here is that bad things happen to good people, but with the support of others justice will be served.
violadad has given you sage advice. You are in a situation that warrants retaining a lawyer. Some people are intimidated by just the thought of needing a lawyer because the entire process can be scary. I would encourange you to, minimally, go for a consultation. Yes, it will cost hundreds into thousands of dollars, but this is your LIFE. Discuss this with your parents. You have described unusual circumstances and the specifics matter and are state-dependent. How you conduct yourself through this will reveal much about your character. Hold your head high, use appropriate words and don't let this (serious) bump waylay your college hopes.
marite21343 replies243 discussionsRegistered UserPosts: 21,586Senior Member
Ericmodify:
Is there a report on your arrest? If it states that your parents claimed to have allowed you to drink a glass of wine at 6:30 and your arrest took place at 11pm, and the breathalyzer showed 0.00, then you can write an explanation for your DWI with the college application. Do not make it the topic of your essay, unless the experience has motivated you to do something such as joining the ACLU or SADD or some other volunteer activity. But include all the information (together with supporting evidence if available).
You won't be the first applicant who drank before 21!
violadad6351 replies294 discussionsRegistered UserPosts: 6,645Senior Member
eric, it's unclear whether or not you and your parents have retained legal counsel. I suggest you do so. A knowledgeable and effective advocate should be able to achieve a fair and just outcome. A lawyer may also have specific legal advice based on the wording of the individual applications regarding the question pertaining to offenses. You may have to address some of these differently, but again they need to be sincere and honest. You need to be able to comply truthfully within the framework of the specifics to avoid any future issues.
Addressing the original question, my advices is to answer all questions on the application honestly, update the application as the legal proceedings move forward, and deal with the consequences as a life lesson. Given the timing right now, the proceedings should be completed except for EA/ED situations. And a decent lawyer should be able to get it resolved one way or another (plea bargain or dismissal for lack of physical evidence on breathalyzer) even before those deadlines.
I agree with what goaliedad as written above.
And to add goaliedad's "bad things happen" scenario, my wife is a health care professional. She works odd shifts, and weekends, as well as the major party holidays. It's not unusual for her to be on the road at 4 or 5 am, on 4th of July, New Year's Day, or other "major party" days where DUI/DWI is a real issue and threat to safety.
She's been tailgated by cops, slipstreamed in efforts to speed up. She's been pulled over, in her uniform whites and id badge hanging around her neck on the way to work. She's been dealing with this for 20 years. She doesn't drink, never has. She is a cautious driver, never a moving infraction in 40 plus years behind the wheel. This stuff happens.
It's not for me to judge whether you were targeted, guilty, or innocent. But seek, professional, informed advice. This is not "small potatoes", nor is it "mischief".
If the facts are as you've stated, hire a lawyer and get this taken care of. This DWI will have negative repercussions for a while, and if you truly were not driving impaired, there is no good reason to allow it to stand. You stated on another post that your entire town knows about this. Do they know the facts? If you've made the facts available, I'm not sure why you needed to resign your leadership position. Get some legal advice.
momofthreeboys16616 replies66 discussionsRegistered UserPosts: 16,682Senior Member
Agree with the others if you are telling the truth then you need an attorney A DUI/DWI is going to have repercussions for a long time in more ways than just a gigantic increase in insurance. Where are your parents on this whole thing? Is it "legal" in your state for kids to have a drink in their home with their parents? SUI/DWI is quite different than "driving recklessly" or something else - an attorney can influence how the charge is handled. Finally I'm assuming you are charged not convicted. Most apps ask if you are convicted of this or that - which at this point you have not been convicted. Technicality -- but it is one of the things a lawyer can help your family think through in terms of perhaps getting your apps done and submitted quickly. I can understand why you might have felt you needed to resign your school posts, but that is in my opinion premature if you have stated the facts. There is something strange about this entire story, so at glance I, too, think an attorney needs to sort it our through proper channels.
Replies to: Kids getting into mischief?
Where is the "mischief" here? What does Adderall have to do with any of this? What is it that you claimed to "take seriously" in your previous posts?
Sorry kid, but you just sound like you got caught, and are trying to find an easy way out. This is not going to work for you.
You've gotten sage advice here. Let me add my comments.
If you're not being honest, you will have issues that will haunt you for a long time. In college, your professional and personal life. Break the pattern now, learn from a mistake, and own up to it. Take your lumps and move on, with an understanding of the gravity of the alleged offense, and take steps to avoid a re-occurrence or similar issues.
If what you state is true about the meds, you need your parents and a lawyer involved. Medical history, prescription useage/dosages, med timing may serve to prove you not guilty. If it were my kid, I'd be asking how to fight and clear erroneous or false charges as opposed to how to deal with this on a college app.
Realize also that a similar offense/conviction for drugs will prohibit a student from eligibility for federal need based aid for a specific time period. The details are outlined on the FAFSA webpages. Perhaps if the rules were amended to include DUI/DWI as a similar aid stopper, it might serve to curtail some of the problem. But that's just my $.02.
I've heard all the stories. I've heard all the excuses. I want to believe you but I can't. Talk to your parents. You can work through this but first you have to acknowledge a problem and you haven't done that yet. That's the first step.
I had to resign my position of stu co president yesterday because this talk in my community was making the administrators and my sponsers uneasy.
If not taking adderral is what I have to do to not 'be safe on the road' and not get in trouble, I would be more than happy to not take it...but something just sounds wrong there
Were you indeed drinking and driving and suspected of a DUI, but the breathalyzer didn't pick up on it?
Or were you just minding your own business, hadn't had a drop to drink, got pulled over for a busted taillight, and mistakenly accused of being drunk because you tripped from wearing sandals? (Why would a cop pulling someone over for a busted taillight need them to get out of the car and walk a straight line, anyway? Were you weaving / driving erratically?)
Knowing which is it will help the parents on here help you (both from a college-admissions standpoint but more importantly, from a life-lesson standpoint). Good luck to you.
Later when the cops called my parents, for god knows what reason they mentioned I had a glass of wine at dinner, which I did. That's why this has become a nasty case...they law outlines that you do not have to be over .08 on the BAC to get a DWI, just unfit to drive do to however much alc or drugs.
And no Pizzagirl, there was no erratic driving involved.
Most people who are pulled over and field-sobriety tested without good cause (broken tail light does not justify field-sobriety check, but the smell of a substance or other erratic behavior once the cop pulls you over does) fight the issue on all fronts, not just the legal front.
The ADD drug reference is irrelevant. First, a breathalizer doesn't test for it. Second, that category of drug, if taken under the order of a physican in proper doses (not speed rushing) is not grounds for a DWI. Quite frankly, if the OP has ADD, I wouldn't want him out their without taking your medicine to help him focus.
Addressing the original question, my advices is to answer all questions on the application honestly, update the application as the legal proceedings move forward, and deal with the consequences as a life lesson. Given the timing right now, the proceedings should be completed except for EA/ED situations. And a decent lawyer should be able to get it resolved one way or another (plea bargain or dismissal for lack of physical evidence on breathalyzer) even before those deadlines.
OP may or may not be telling us the complete story. However, if he presents himself this way on college applications, he will definitely have difficulty showing the maturity that the highly competitive schools desire. Grades, test scores, URM status are meaningless if you demonstrate an attitude toward serious legal proceedings to which you are a party to.
From a layman's perspective, the laws of your particular state regarding the consumption of alcohol under the auspices of parental supervision may play a part. The timing of the consumption of the wine and the time of the pullover is also important. Clinical studies (or the absence thereof) regarding the interaction of your specific meds with alcohol need to be weighed. Perhaps a medical/prescribed drug infraction carries different penalties, charges, and rehabilitory/restitution penalties. The context and nature of your parents statement may or may not be evidence. Discussing, stating, or rearranging specific facts of a pending criminal hearing within a public forum may not be a wise idea.
I'm not a lawyer. The thread has deviated from the op's opening point. In the interest of potentially doing more harm than good, I would urge caution in furthering the discussion.
Good luck to you.
You may have bigger problems than originally thought. Admitting to drinking is an automatic MIP, unless your state allows (a few do) minors to consume alcohol when served by parents in their own home. Hopefully that isn't on your ticket as well.
Not giving sympathy for the "cops pick on students" excuse here. I was pulled over at age 19 in my parents car after being tailed (while driving at the posted speed limit) at night so closely that I couldn't see their headlights. They were pushing me to violate the law. Still pulled me over. Intentionally mispronounced my last name to a vulgar insult to try to provoke me. I remained calm. Had me face down, spread eagle in the rain in the middle of the road for 10 minutes while pulling every thing out of my parents new Toyota (ostensibly looking for drugs). Left everything all over the wet ground (including registration) when they released me to clean up "my mess". No ticket issued.
I did recognize the pair, however depsite their failure to give badge numbers. I did not file a complaint, however. I did tell the owner of the restaurant where I worked about the incident the next day. That particular restaurant had a policy of giving cops 1/2 price food. When they walked in, he pointed me out (working in the kitchen) and asked them not to return to the establishment, as they had wronged a good person. I saw the look in their eyes (they then recognized me).
Point here is that bad things happen to good people, but with the support of others justice will be served.
Is there a report on your arrest? If it states that your parents claimed to have allowed you to drink a glass of wine at 6:30 and your arrest took place at 11pm, and the breathalyzer showed 0.00, then you can write an explanation for your DWI with the college application. Do not make it the topic of your essay, unless the experience has motivated you to do something such as joining the ACLU or SADD or some other volunteer activity. But include all the information (together with supporting evidence if available).
You won't be the first applicant who drank before 21!
I agree with what goaliedad as written above.
And to add goaliedad's "bad things happen" scenario, my wife is a health care professional. She works odd shifts, and weekends, as well as the major party holidays. It's not unusual for her to be on the road at 4 or 5 am, on 4th of July, New Year's Day, or other "major party" days where DUI/DWI is a real issue and threat to safety.
She's been tailgated by cops, slipstreamed in efforts to speed up. She's been pulled over, in her uniform whites and id badge hanging around her neck on the way to work. She's been dealing with this for 20 years. She doesn't drink, never has. She is a cautious driver, never a moving infraction in 40 plus years behind the wheel. This stuff happens.
It's not for me to judge whether you were targeted, guilty, or innocent. But seek, professional, informed advice. This is not "small potatoes", nor is it "mischief".
Again, good luck to you.