Thats pretty bad. Worse then my stupid sister.
My unlicensed (only has permit, would have taken full test the Monday after) youngest sister (black sheep) took the family car (on Friday afternoon) without permission to take her friends (ones she's only met online and maybe one/twice in person) to the mall to meet up with other friends (same situation) in the rain and promptly rearends someone else.
Still doesn't call supervision, calls the cops and they call tow truck. Car gets towed to a tow yard. We then can't get the car out because it is registered under the other sister's name (goes to berkeley). So they won't release to anyone but the owner. Says maybe owner will, but he won't be in until Monday. So, we wait until monday to see if he'll release it, or we'd have to fly the sister down from Berkeley to Orange County and then fly her back up during a school week. Luckily, owner releases it and we only have to pay for an extra 2 days storage fees.
This could have all been avoided if she had called the family, since we have AAA and could have towed the car to a garage of our choice. We have a family mechanic/friend who lives across the street and owns a repair yard and could have just towed it straight there, but instead we get hit with hudnreds in fees and end up towing it there anyway.
For some miracle, the cop doesn't write a report since the other driver is an unlicensed illegal immigrant and not the owner of the car and so it doesn't go on her record.
So, we end up settling with the other owner for 200 bucks for his damage whereas our car is totaled.
Of course, the car that was totaled was also my mother's favorite car. She bought new in 1993, drove until 2001 until she gave it to me for college. I drove until 2006 when I bought a new car after college and passed it to my younger sister. She drives it for 2 years while in high school until leaving for Berkeley. Then, after getting the car for a month, she totals it.
Anyway, hopefully your little brother learns a lesson. It appears my little sister has, but its yet to be proven.
My unlicensed (only has permit, would have taken full test the Monday after) youngest sister (black sheep) took the family car (on Friday afternoon) without permission to take her friends (ones she's only met online and maybe one/twice in person) to the mall to meet up with other friends (same situation) in the rain and promptly rearends someone else.
Still doesn't call supervision, calls the cops and they call tow truck. Car gets towed to a tow yard. We then can't get the car out because it is registered under the other sister's name (goes to berkeley). So they won't release to anyone but the owner. Says maybe owner will, but he won't be in until Monday. So, we wait until monday to see if he'll release it, or we'd have to fly the sister down from Berkeley to Orange County and then fly her back up during a school week. Luckily, owner releases it and we only have to pay for an extra 2 days storage fees.
This could have all been avoided if she had called the family, since we have AAA and could have towed the car to a garage of our choice. We have a family mechanic/friend who lives across the street and owns a repair yard and could have just towed it straight there, but instead we get hit with hudnreds in fees and end up towing it there anyway.
For some miracle, the cop doesn't write a report since the other driver is an unlicensed illegal immigrant and not the owner of the car and so it doesn't go on her record.
So, we end up settling with the other owner for 200 bucks for his damage whereas our car is totaled.
Of course, the car that was totaled was also my mother's favorite car. She bought new in 1993, drove until 2001 until she gave it to me for college. I drove until 2006 when I bought a new car after college and passed it to my younger sister. She drives it for 2 years while in high school until leaving for Berkeley. Then, after getting the car for a month, she totals it.
Anyway, hopefully your little brother learns a lesson. It appears my little sister has, but its yet to be proven.
ViviTheMage
Lifer
BoomerD
No Lifer
- Feb 26, 2006
- 62,812
- 11,209
- 136
At 18, like it or not, he will be charged for DUI as an adult, and depending on the laws in your state, he may have to do some jail time...just saw you're in SoCal...
http://www.asi.csus.edu/slsc/Body_Penalties.asp
"1 hour in cuffs
4 hours in jail
3 hours getting car back
2 days at the DMV
2 days picking up highway trash
2 nights DUI Victim Impact Panel
15 weeks DUI class
4 months without a license
3 years probation
7 years with 2 points on driving record
$5,294 in assessment, fees, & fines
187 for towing & storage
$156 booking, finger printing, and photo fee
$100 license reinstatement
$2,700 car insurance increase
$480 DUI fine
$816 assessment for the court system
$44 community service fee
$100 for DUI Victim's fund
$50 toward Alcohol Education Fund
$1 night court fee
$550 DUI class
$20 VUI Victim's Impact sessions
$35 time payment charge
$10 DMV file search charge
TOTAL $5,294
Since he's under 21, there are different laws that apply as well:
http://www.dmv.ca.gov/pubs/vctop/d11_5/vc23502.htm
DUI Penalties for Persons Under 21 Years of Age: Driving-Under-the-Influence Program
23502. (a) Notwithstanding any other provision of law, if a person who is at least 18 years of age is convicted of a first violation of Section 23140, in addition to any penalties, the court shall order the person to attend a program licensed under Section 11836 of the Health and Safety Code, subject to a fee schedule developed under paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code.
(b) The attendance in a licensed driving-under-the-influence program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or ( ) subdivision (a) of Section 192.5 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code.
(c) The person?s privilege to operate a motor vehicle shall be suspended by the department as required under Section 13352.6, and the court shall require the person to surrender his or her driver?s license to the court in accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing that the driving privilege will not be restored until the person has provided the department with proof satisfactory to the department that the person has successfully completed the driving under the influence program required under this section.
http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm
And, since your profile shows you in Orange County...
http://www.california-drunkdri...driving_penalties.html
(no different than anywhere else in Ca)
"DUI Laws and Penalties in Orange County
The statutes of California provide for two separate crimes in most drunk driving arrests: driving under the influence of alcohol (commonly referred to as "DUI"), and driving with a .08% blood-alcohol level (called the "per se" offense). It is possible to be found guilty of both charges, but you can only be sentenced on one (the criminal penalties are identical). In the event of a refusal to be tested for blood alcohol, the only crime charged will be DUI.
If convicted, the criminal penalty for DUI or .08% starts with the possibility of a jail sentence for as much as six months. You will be ordered to pay a fine of roughly $1600, representing the statutory amount plus a wide range of fees and assessments. In addition to a license suspension of 4 months imposed by the DMV, the court may also require a 6 month suspension. Attendance at a state-approved DUI school for three months will be required, both as a condition of probation and for reinstatement of the driver's license; this may be increased to six or nine months in the event of high blood-alcohol levels. Installation of an "ignition interlock device", community service or attendance at a "victim's panel" or Alcoholics Anonymous may be added, although not required by statute. Finally, a probationary period of three years is normally imposed.
In the event that designated factual situations exist in the case, called "enhancements", more severe penalties can be triggered. Examples include engaging in high speed (over 30 mph on highways or 20 mph on streets - resulting in sixty days in jail), refusing to submit to chemical testing, having a child under 14 in the car at the time, or having a prior DUI conviction within ten years (three or more prior convictions changes the offense to a felony, punishable by state prison).
Independent of the criminal charges, the DMV will impose an administrative license suspension for either having .08% or for refusing blood alcohol testing. (See the "License Suspensions" section.)"
Your brother has screwed up badly. It will cost him several thousand $$$ by the time he gets through with this NOT including lawyer's fees.
The DUI will (and should) cause him problems for several years even if he never gets another one, but if he does, he's really in deep shit.
Things you'd never expect will cause him trouble for a LONG time. Visiting Canada for example...Canada can (and does) refuse entry to anyone with a DUI conviction...ever...other countries are just as strict about it.
"Criminal inadmissibility
If you have committed or been convicted of a criminal offence, you may not be allowed to enter Canada.
Criminal offences include both minor and serious offences, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol. For a complete list of criminal offences in Canada, consult the Canadian Criminal Code."
We tried to go to British Columbia a few years back with some friends. He had a DUI when he was in his 20's and they refused him entry even though he's now in his 50's.
Little things like that will crop up from time to time with a DUI...and I can't imagine the cost of insuring him after this...it automatically puts him into the high-risk category and may require filing financial responsibility forms (which of course, come at an added expense)
Here's more info:
http://www.dmv.ca.gov/dl/driversafety/dsalcohol.htm
http://www.asi.csus.edu/slsc/Body_Penalties.asp
"1 hour in cuffs
4 hours in jail
3 hours getting car back
2 days at the DMV
2 days picking up highway trash
2 nights DUI Victim Impact Panel
15 weeks DUI class
4 months without a license
3 years probation
7 years with 2 points on driving record
$5,294 in assessment, fees, & fines
187 for towing & storage
$156 booking, finger printing, and photo fee
$100 license reinstatement
$2,700 car insurance increase
$480 DUI fine
$816 assessment for the court system
$44 community service fee
$100 for DUI Victim's fund
$50 toward Alcohol Education Fund
$1 night court fee
$550 DUI class
$20 VUI Victim's Impact sessions
$35 time payment charge
$10 DMV file search charge
TOTAL $5,294
Since he's under 21, there are different laws that apply as well:
http://www.dmv.ca.gov/pubs/vctop/d11_5/vc23502.htm
DUI Penalties for Persons Under 21 Years of Age: Driving-Under-the-Influence Program
23502. (a) Notwithstanding any other provision of law, if a person who is at least 18 years of age is convicted of a first violation of Section 23140, in addition to any penalties, the court shall order the person to attend a program licensed under Section 11836 of the Health and Safety Code, subject to a fee schedule developed under paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code.
(b) The attendance in a licensed driving-under-the-influence program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or ( ) subdivision (a) of Section 192.5 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code.
(c) The person?s privilege to operate a motor vehicle shall be suspended by the department as required under Section 13352.6, and the court shall require the person to surrender his or her driver?s license to the court in accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing that the driving privilege will not be restored until the person has provided the department with proof satisfactory to the department that the person has successfully completed the driving under the influence program required under this section.
http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm
And, since your profile shows you in Orange County...
http://www.california-drunkdri...driving_penalties.html
(no different than anywhere else in Ca)
"DUI Laws and Penalties in Orange County
The statutes of California provide for two separate crimes in most drunk driving arrests: driving under the influence of alcohol (commonly referred to as "DUI"), and driving with a .08% blood-alcohol level (called the "per se" offense). It is possible to be found guilty of both charges, but you can only be sentenced on one (the criminal penalties are identical). In the event of a refusal to be tested for blood alcohol, the only crime charged will be DUI.
If convicted, the criminal penalty for DUI or .08% starts with the possibility of a jail sentence for as much as six months. You will be ordered to pay a fine of roughly $1600, representing the statutory amount plus a wide range of fees and assessments. In addition to a license suspension of 4 months imposed by the DMV, the court may also require a 6 month suspension. Attendance at a state-approved DUI school for three months will be required, both as a condition of probation and for reinstatement of the driver's license; this may be increased to six or nine months in the event of high blood-alcohol levels. Installation of an "ignition interlock device", community service or attendance at a "victim's panel" or Alcoholics Anonymous may be added, although not required by statute. Finally, a probationary period of three years is normally imposed.
In the event that designated factual situations exist in the case, called "enhancements", more severe penalties can be triggered. Examples include engaging in high speed (over 30 mph on highways or 20 mph on streets - resulting in sixty days in jail), refusing to submit to chemical testing, having a child under 14 in the car at the time, or having a prior DUI conviction within ten years (three or more prior convictions changes the offense to a felony, punishable by state prison).
Independent of the criminal charges, the DMV will impose an administrative license suspension for either having .08% or for refusing blood alcohol testing. (See the "License Suspensions" section.)"
Your brother has screwed up badly. It will cost him several thousand $$$ by the time he gets through with this NOT including lawyer's fees.
The DUI will (and should) cause him problems for several years even if he never gets another one, but if he does, he's really in deep shit.
Things you'd never expect will cause him trouble for a LONG time. Visiting Canada for example...Canada can (and does) refuse entry to anyone with a DUI conviction...ever...other countries are just as strict about it.
"Criminal inadmissibility
If you have committed or been convicted of a criminal offence, you may not be allowed to enter Canada.
Criminal offences include both minor and serious offences, such as theft, assault, manslaughter, dangerous driving and driving while under the influence of drugs or alcohol. For a complete list of criminal offences in Canada, consult the Canadian Criminal Code."
We tried to go to British Columbia a few years back with some friends. He had a DUI when he was in his 20's and they refused him entry even though he's now in his 50's.
Little things like that will crop up from time to time with a DUI...and I can't imagine the cost of insuring him after this...it automatically puts him into the high-risk category and may require filing financial responsibility forms (which of course, come at an added expense)
Here's more info:
http://www.dmv.ca.gov/dl/driversafety/dsalcohol.htm
Among other things. This was back in January I believe. Car was a 1993, champagne colored Toyota Camry. So, it wasn't worth that much, but my mom loved the car. Hood, front bumper was messed up, I'm not too sure on the details since I live in Sacramento. Car was only worth like 2-3k and the mechanic said it wasn't worth fixing, so we sold it for parts/scraps. Being since the mechanic across the street worked on it straight for 13+ years, it was still running like a complete champ. Worse thing about it was a dirty trunk where I spilled oil.
Obviously, insurance wasn't called and she wouldn't have been covered anyway.
He's made that his brother didn't listen to him. I thought that much would be obvious. Not everyone is emotionally detached from family
her209, it's clear that you love your brother and I wish the best for both of you. Hopefully his epiphany will be permanent.
meltdown75
Lifer
- Nov 17, 2004
- 37,558
- 7
- 81
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