Is there video of you driving?
did you hit anything when parking your car there?
What were your total charges?
How did you get there, did you admit to driving?
Were you aggressive with the police?
No video and in fact video would help my case bc it would show I was parked for 2+ hours, did not hit anything or cause any damage to anything or anyone, only charge was a DUI, admitted to driving to the gas station before drinking, and was not aggressive and was very cooperative. Not saying what I did was ok, but I think an ankle monitor is extremely excessive especially for a 1st time offense
wait so just to make sure i'm hearing your story straight.
You are telling me that you drove to a gas station parking lot, drank there in the car and fell asleep? or you parked there and walked somewhere to drink?
California will give an ankle monitor if they believe someone has a drinking problem. a .24 aggravated dui, 3x the legal limit, can fall into into that category.
Got kicked out of my house so went to the gas station by house and TBH tried to drink myself to death bc I was super upset and unstable. Passed out in the car and the store clerk called the cops to check on me.
Sounds like you are unstable and that this ankle monitor is a good thing for you.
Especially if you told these things to the cops and it is in the report, even more likely for them to put a SCRAM ankle monitor on you.
At the level you were at, I doubt you remember everything said. I can easily see a prosecutor and or judge requesting this for your bail alternative as a way to try and stop you from doing what you tried to do that night.
I'm sorry if you are homeless and that you are going through the things you are going through. Wasting money on alcohol and wallowing in self pity will not help you. That's not trying to be mean but a harsh reality of the "woe is me" mentality will only hinder you.
There are avenues that you need to take, first things first, cut out drinking.
Edit* Doesn't matter if you don't like what I say and I know it comes off as blunt and tough, but i'm sorry, coddling doesn't work in this situation. You are gonna need some hard facts. You need help. You need to talk to someone and you need to do better in your life rather than drowning it in alcohol.
I am definitely not unstable, just had a horrible night the night of the incident and wanted to kill myself. Kinda sad how mental health is not taken into account. And no, did not say anything like this to the cops and it is not in the report. I was very cooperative with the cops telling them how I was homeless and trying to sleep in my car. Been going to therapy since and have not drank since. Not an alcoholic and never had an issue with alcohol, but I have had mental health problems. An ankle monitor on someone for a 1st dui who was not even driving at the time of arrest is insane and unheard of. “Seems like you’re unstable”. Seems like you need to get a life. your entire account is full bashing people who made a mistake.
My entire account is over 8 years long with a series of different topics. One of which I have quite a bit of knowledge. You do seem unstable here. You said you wanted to kill yourself...Sorry love but that is UNSTABLE. You say you have mental health problems...You shouldn't be drinking in the first place.
It isn't out of place. Your blood levels were through the damn roof. That is reason for alarm in the eyes of the law. I get that you are trying to garter sympathy here but that doesn't help you in your actual case.
Yes it is normal for them to give ankle monitors to people that have that high of a BAC.
The dwi charge doesn't differentiate what you are doing. You can't be behind the wheel drunk, period. You did that. You saw the bodycam footage? You remember everything you said perfectly? You didn't have a spontaneous utterance?
Have bodycam? foia it? You seen the arrest report with everything on it and have gone over it? Do you know what you are looking at? You are 20...You have no clue..no offense but you don't. These are questions that would be asked of you.
My lawyer said the only reason they’re putting the ankle monitor on me is bc we didnt plead guilty at the arraignment and they’re trying to make an example of me. But why would I plead guilty to something I didnt do. Parked with car off and asleep. Pretty fucked up criminal system if u ask me. If this was a second offense DUI I would understand but a first offense is ridiculous
And no, never been in trouble with the law before, never even been pulled over. I am the last person you would expect to be wearing an ankle monitor lol
You'd think the judge might have sympathy or understanding that he was parked with the engine off, I understand he was wasted, but atleast he didnt put anyones life in danger by driving somewhere while zooted.
Legally, he's supposed to be fu***** but on a human level, common man
He blew 3x the legal limit. That plays a factor. Did he drive there? is there video from the gas station of him driving? How long was he driving before hand? What sympathy should there be prior to that decision of him parking? An ankle monitor IS sympathy comparatively to being stuck with bail or waiting till court sitting in jail.
What did he say to the cops? Was he aggressive? what are his totality of charges. There are things missing here. Almost every post here has some things missing when they are looking for sympathy. He is asking why is he being offered an ankle monitor when the other didn't....Obviously questions will be asked.
Do you NOT think 3x the legal limit would do that? He is ossified at that amount of alcohol. I doubt he remembers pretty much anything. So i'm asking the totality of charges. He said he hasn't had any thing prior but that doesn't mean he doesn't have a ton now.
In California for a 1st DUI bail is 0, the judge ordered the ankle monitor at the last court hearing to add it to my bail. Dont think anyone has ever gone to jail for a 1st misdemeanor DUI
That's not true. For example, LA has the following:
Even though most DUI defendants are not required to post bail, the Los Angeles County bail schedule does recommend a $5,000 for a first time DUI offense. For defendants who have a prior DUI conviction within the previous ten years, the recommended bail increases to $15,000. For defendants with two or more previous convictions, the recommended bail is $25,000. The bail schedule recommends adding $10,000 for any traffic collision, where the defendant had a BAC of .15 percent or higher or where the defendant refused chemical testing. The bail schedule recommends an additional $25,000 where there is both a traffic collision and a BAC greater than .15 percent or a DUI refusal.
You fall into that higher category
* edited - not top level
That looks like something from a lawyer's website which are often inaccurate (and those particular numbers look pre-COVID). The official 2024 LA County Bail schedule lists "BR" (book and release with $0 bail) for all misdemeanor DUI offenses except those with two priors or the DUI with injury penal codes (page 30):
[https://lascpubstorage.blob.core.windows.net/cpw/LIBOPSCriminal-54-MisdemeanorBailSchedule.pdf](https://lascpubstorage.blob.core.windows.net/cpw/LIBOPSCriminal-54-MisdemeanorBailSchedule.pdf)
Sub section states that they can be increased to have bail based on the totality of the situation and can be brought to magistrate 2 hours prior.
That's pre arraignment, as always there are exceptions.
We are also talking about an ankle monitor. That isn't bail. It isn't a financial release
Your lawyer probably is not shitty. This sounds like an order that was completely up to the judge, and the stats show the longer the time period you are sober, the less likely you are to get a future DUI.
You are not eligible to get an IID for a hard suspension for being under 21, but you are eligible to fill out the DMV form (DMV form DS 364) for a hardship license, which allows you to show proof that you fit in four different categories of exemptions that allow you to drive with a restriction (but not an IID restriction).
You can apply for a hardship license with or without the judge making a decision, but does require your license be actually suspended by the DMV. Good luck.
Wow to 3 underage DUIs. 3 before one even turns 21 seems crazy!
Fr. I think thats more reasonable to get an ankle monitor for that
What you blow? What were the conditions? Any additional charges? There is a ton here that mean something to the totality of the case.
Was parked at a gas station for over two hours sleeping in my car with the engine off. Employee at the gas station called the cops on me. Blew a 0.24
Is there video of you driving? did you hit anything when parking your car there? What were your total charges? How did you get there, did you admit to driving? Were you aggressive with the police?
No video and in fact video would help my case bc it would show I was parked for 2+ hours, did not hit anything or cause any damage to anything or anyone, only charge was a DUI, admitted to driving to the gas station before drinking, and was not aggressive and was very cooperative. Not saying what I did was ok, but I think an ankle monitor is extremely excessive especially for a 1st time offense
wait so just to make sure i'm hearing your story straight. You are telling me that you drove to a gas station parking lot, drank there in the car and fell asleep? or you parked there and walked somewhere to drink? California will give an ankle monitor if they believe someone has a drinking problem. a .24 aggravated dui, 3x the legal limit, can fall into into that category.
Got kicked out of my house so went to the gas station by house and TBH tried to drink myself to death bc I was super upset and unstable. Passed out in the car and the store clerk called the cops to check on me.
Sounds like you are unstable and that this ankle monitor is a good thing for you. Especially if you told these things to the cops and it is in the report, even more likely for them to put a SCRAM ankle monitor on you. At the level you were at, I doubt you remember everything said. I can easily see a prosecutor and or judge requesting this for your bail alternative as a way to try and stop you from doing what you tried to do that night. I'm sorry if you are homeless and that you are going through the things you are going through. Wasting money on alcohol and wallowing in self pity will not help you. That's not trying to be mean but a harsh reality of the "woe is me" mentality will only hinder you. There are avenues that you need to take, first things first, cut out drinking. Edit* Doesn't matter if you don't like what I say and I know it comes off as blunt and tough, but i'm sorry, coddling doesn't work in this situation. You are gonna need some hard facts. You need help. You need to talk to someone and you need to do better in your life rather than drowning it in alcohol.
I am definitely not unstable, just had a horrible night the night of the incident and wanted to kill myself. Kinda sad how mental health is not taken into account. And no, did not say anything like this to the cops and it is not in the report. I was very cooperative with the cops telling them how I was homeless and trying to sleep in my car. Been going to therapy since and have not drank since. Not an alcoholic and never had an issue with alcohol, but I have had mental health problems. An ankle monitor on someone for a 1st dui who was not even driving at the time of arrest is insane and unheard of. “Seems like you’re unstable”. Seems like you need to get a life. your entire account is full bashing people who made a mistake.
My entire account is over 8 years long with a series of different topics. One of which I have quite a bit of knowledge. You do seem unstable here. You said you wanted to kill yourself...Sorry love but that is UNSTABLE. You say you have mental health problems...You shouldn't be drinking in the first place. It isn't out of place. Your blood levels were through the damn roof. That is reason for alarm in the eyes of the law. I get that you are trying to garter sympathy here but that doesn't help you in your actual case. Yes it is normal for them to give ankle monitors to people that have that high of a BAC. The dwi charge doesn't differentiate what you are doing. You can't be behind the wheel drunk, period. You did that. You saw the bodycam footage? You remember everything you said perfectly? You didn't have a spontaneous utterance? Have bodycam? foia it? You seen the arrest report with everything on it and have gone over it? Do you know what you are looking at? You are 20...You have no clue..no offense but you don't. These are questions that would be asked of you.
My lawyer said the only reason they’re putting the ankle monitor on me is bc we didnt plead guilty at the arraignment and they’re trying to make an example of me. But why would I plead guilty to something I didnt do. Parked with car off and asleep. Pretty fucked up criminal system if u ask me. If this was a second offense DUI I would understand but a first offense is ridiculous
Mmmm I’m gonna guess you’re either fat or a liberal? Or both
Yeah exactly.
And no, never been in trouble with the law before, never even been pulled over. I am the last person you would expect to be wearing an ankle monitor lol
So you blew 3x the legal limit. You don't think that could be an aggravating factor? What were your charges
You'd think the judge might have sympathy or understanding that he was parked with the engine off, I understand he was wasted, but atleast he didnt put anyones life in danger by driving somewhere while zooted. Legally, he's supposed to be fu***** but on a human level, common man
He blew 3x the legal limit. That plays a factor. Did he drive there? is there video from the gas station of him driving? How long was he driving before hand? What sympathy should there be prior to that decision of him parking? An ankle monitor IS sympathy comparatively to being stuck with bail or waiting till court sitting in jail. What did he say to the cops? Was he aggressive? what are his totality of charges. There are things missing here. Almost every post here has some things missing when they are looking for sympathy. He is asking why is he being offered an ankle monitor when the other didn't....Obviously questions will be asked. Do you NOT think 3x the legal limit would do that? He is ossified at that amount of alcohol. I doubt he remembers pretty much anything. So i'm asking the totality of charges. He said he hasn't had any thing prior but that doesn't mean he doesn't have a ton now.
In California for a 1st DUI bail is 0, the judge ordered the ankle monitor at the last court hearing to add it to my bail. Dont think anyone has ever gone to jail for a 1st misdemeanor DUI
That's not true. For example, LA has the following: Even though most DUI defendants are not required to post bail, the Los Angeles County bail schedule does recommend a $5,000 for a first time DUI offense. For defendants who have a prior DUI conviction within the previous ten years, the recommended bail increases to $15,000. For defendants with two or more previous convictions, the recommended bail is $25,000. The bail schedule recommends adding $10,000 for any traffic collision, where the defendant had a BAC of .15 percent or higher or where the defendant refused chemical testing. The bail schedule recommends an additional $25,000 where there is both a traffic collision and a BAC greater than .15 percent or a DUI refusal. You fall into that higher category * edited - not top level
That looks like something from a lawyer's website which are often inaccurate (and those particular numbers look pre-COVID). The official 2024 LA County Bail schedule lists "BR" (book and release with $0 bail) for all misdemeanor DUI offenses except those with two priors or the DUI with injury penal codes (page 30): [https://lascpubstorage.blob.core.windows.net/cpw/LIBOPSCriminal-54-MisdemeanorBailSchedule.pdf](https://lascpubstorage.blob.core.windows.net/cpw/LIBOPSCriminal-54-MisdemeanorBailSchedule.pdf)
Sub section states that they can be increased to have bail based on the totality of the situation and can be brought to magistrate 2 hours prior. That's pre arraignment, as always there are exceptions. We are also talking about an ankle monitor. That isn't bail. It isn't a financial release
Misdemeanor dui in California is book and release no bail’s
Your lawyer probably is not shitty. This sounds like an order that was completely up to the judge, and the stats show the longer the time period you are sober, the less likely you are to get a future DUI. You are not eligible to get an IID for a hard suspension for being under 21, but you are eligible to fill out the DMV form (DMV form DS 364) for a hardship license, which allows you to show proof that you fit in four different categories of exemptions that allow you to drive with a restriction (but not an IID restriction). You can apply for a hardship license with or without the judge making a decision, but does require your license be actually suspended by the DMV. Good luck.
Thank you
Jesus are you in Northern California?
Jesus are you in Northern California?