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FL DUI -- outcomes and impact on ownership/ possesion?

Discussion in 'Legal' started by Amish_Bill, Feb 18, 2006.

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  1. Amish_Bill

    Amish_Bill Member

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    Given:

    FL resident - First Offense DUI
    Probation - lots of fines, lawyers fees, etc.
    (sorry only have limited details)

    Query:

    What ways would this likely have progressed through the FL legal system?

    What impact on gun possesion, ownership, or purchase would the various ways this could have played out have?
     
  2. Hkmp5sd

    Hkmp5sd Member

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    First offense is a maximum of $500 fine and 6 months in jail. A plea and probation is common. It is not a felony, so it should have no effect on firearm ownership. A 4th DUI conviction is considered a 3rd degree felony. Hopefully the driver will not get that far into the system.
     
  3. Amish_Bill

    Amish_Bill Member

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    Heck - I can afford that!
    ;-)

    No, seriously, thanks for the info. I'm trying to find out if, legally, I need to worry about someone having temporary controll or possesion of my firearms.

    Do you happen to have the list of what they consider 2'nd and 3'rd offenses? I need to verify that this was a first offense....


    Thanks.
     
  4. Skeptic

    Skeptic Member

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    Hummmmm.

    One way to avoid a DUI is to not drink and drive.

    Even one and getting behind the wheel is grounds for getting thrown into the slammer in DC.

    It's just not worth it.
     
  5. Hkmp5sd

    Hkmp5sd Member

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    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0316/ch0316.htm
     
  6. Amish_Bill

    Amish_Bill Member

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    HK - Perfect. Thanks.

    Skeptic - show me where I'm asking how to avoid a DUI and I'll buy you a beer.
     
  7. Leatherneck

    Leatherneck Member

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    Soul-bearing time. I was convicted of DWI in Virginia in about 1983--can't remember exactly. It caused me to do a soul-searching analysis of my habits and I have not driven with a drop of alcohol since. I have not stopped drinking, but I will not get behind the wheel with any booze under my belt.

    Our going-out-for-dinner has decreased considerably.

    After the DWI, the county cops told me that a long-ago DWI conviction was not a deterrent in VIRGINIA to a CCW permit, and it was not.

    Your mileage may vary. Please reconsider your drink-then-drive habits.

    TC
     
  8. Amish_Bill

    Amish_Bill Member

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    I appreciate your sentiments and your challenges Leatherneck, but I do wish that people would notice the little GA next to my name and note that the question deals with FL.

    Thanks. :)
     
  9. Skeptic

    Skeptic Member

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    Ok... but what kind of beer? I dont drink any cheap stuff.....

    Just busting your stones..... lighten up :neener:
     
  10. Amish_Bill

    Amish_Bill Member

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    Well, personally, I go for Guiness most days, but I never try to assume others have any semblence of taste of couth. :)
     
  11. hot head

    hot head Member

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    dui

    If you get put on probation in Illinois, part of probation is that you can not possess a firearm. after your probation you are able to have or possess a firearm if you don't mess up while you are still actively on probation. a dui offense is just a class A ..
     
  12. ingram

    ingram Member

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    DONT DRINK AND DRIVE!

    It's that simple really..... Unless your on your own property, then I could care less if you crash into tree. (The tree hugger up in that tree may have a different opinion.)

    But seriously, a good Highschool buddy of mine was killed by a drunk driver, bad mojo, just can't control some people.
     
  13. Amish_Bill

    Amish_Bill Member

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    ingram -- I feel for your loss, but this has what to do with FL DUI laws and firearms ownership?
     
  14. R-Tex12

    R-Tex12 Member

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    No kidding? Do they use a specific BAC to enforce that, Skeptic? Seems as though it'd have to be .04 or less.
     
  15. WT

    WT Member

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    Was the defendant drinking, driving AND CARRYING A FIREARM?

    Just wondering.
     
  16. Molon Labe

    Molon Labe Member

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    IANAL, but it is my understanding that (in general) a DUI conviction will not prohibit someone from buying, selling, or possessing a firearm. But there are a couple exceptions, both of which have been mentioned:

    1. In many states, you are not allowed to buy, sell, or possess a firearm when you are on probation.

    2. Depending on state law, a DUI under the "right" circumstance might be a felony (e.g. your fourth DUI).

    It should also be mentioned that there are certain misdemeanor convictions that will be prohibit a person from buying, selling, or possessing a firearm. There's a federal law that prohibits a person who has been convicted of domestic violence to buy, sell, or possess a firearm. Some states also have misdemeanor firearms prohibition laws. In Ohio, for example, you cannot buy, sell, or possess a firearm if you have been convicted of any drug offense.
     
  17. beerslurpy

    beerslurpy member

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    Newsflash: "Driving or while in physical control of the vehicle" applies to people sleeping off the intoxication in the back seat (which I have done on occaision, for both booze and general tiredness). If anything, this discourages people from sleeping it off because that will draw attention from the dudely do-rights who (for lack of real crime to fight) go around writing tickets when using their discretion to not write the ticket would have been better. The problem is that the law needs to be changed and the cops lobby heavily to avoid these changes because they like the broad language that gives them more bargaining power (and thus more revenue in the long run).

    They should have just said "operating a motor vehicle" rather than driving or physical control. I think the intent was to prevent drunk men from putting a kid in the driver's seat and then working the wheel from the passenger side. Or maybe stop people from getting out of it by pulling over to the side of the road before a roadblock (oh wait, there's another problem!).
     
  18. Amish_Bill

    Amish_Bill Member

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    I've heard that the answer to this is to put your keys outside the vehicle. (dumped out the window, on top of the tire, etc.) You might be in it, but you are no longer capable of causing any movement of said vehicle.

    Of course, that assumes that an over-zealous official isn't bent on dragging your butt through the ringer. :(
     
  19. beerslurpy

    beerslurpy member

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    Actually I know some deputies (from counties south of here) and while most of them are reasonable about only arresting people who are actually drunk + driving (wow crazy), there are some that will turn regular stops for fixit or speeding into breathalyzer witch hunts. This results in people getting charged with DUIs for blowing .04, things like that. The other cops dont approve of it, but they also dont do anything about it. Thin blue line and all. I didnt come across the story looking for DUI information, it just came up as a rant about particular cop that was doing this.

    They dont seem to be aware of how this affects the public's perception of them rather than just the few bad apples that make peoples' lives miserable.
     
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