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Family Problems - Need Advice!

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Old 02-13-2006, 06:41 AM
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Family Problems - Need Advice!

Thought I'd run this by you all as I am really in a delima as to what to do. Let me explain. I've got a 21 year old son who is currently in Laramie WY (I live in St Louis) going to Wyotech and doing very well with his course load and carrying a 92+% average. He has only 6 weeks left till his courses are completed. To date he has had perfect attendance for the last 11 months.

Yesterday I got a call from him - he's in Jail in Laramie. He had a STUPID moment and got a DWI, Speeding, and ??? Saturday night. I know how everyone feels about the drinking and driving and I feel the same way so don't need to rehash that aspect however I do want to say both my wife and I are extremely thankful he wasn't involved in an accident and nobody was hurt.

I don't know if having "Mommy and Daddy" rush in and try to minimize the seriousness of this is the way to go for various reasons, one being he is 21 and he should sleep in the bed he has made for himself. However, I do think he is still young and would hate for this unfortunate incident to derail him from what was appearing to be a bright future.

I don't have much cash and if I were to come to his rescue so to speak, I think it would put a serious hurt on things here at home. We've sacraficed a lot to get him into the trade school to begin with. I have to decide within the next couple of hours though because he goes in front of the Judge sometime this morning. If I do help, do I get a lawyer who specializes in DWI stuff? (any recommendations from anyone in the area?) I feel if he isn't represented, he may spend some time in jail and forfit the remining portion of his Wyotech training. Not only that, but he may be remanded to the state of Wyoming and not be able to come home.

I know this is long and I could go on but you get the idea. One thing I do want to make clear is I do not condone his behavior in any way and do think he should be punished! What that punishment should be - I don't know.
Old 02-13-2006, 07:09 AM
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First of all, I can only speak for Idaho. I have been in Law Enforcement here for about 3 years. I can't recall anybody getting jail time for their first DUI. In Idaho we do not have a DWI state code. Typically the defendant (your son) If WY does things the same as ID, there can be a B.A.C hearing, where the defense will attack the officer for probable cause of the initial traffic stop, then will attach the method used th administer the SFST's (standard field sobriety tests) A lawyer has the possibility to plead the DWI charge to a lesser offense. Usually your first DUI is a slap on the wrist i.e suspended driver's license, community service, maybe probation with some sort of alcohol related class. Unless DWI is a felony in WY, your son would not be remanded to the state of WY. In Idaho a DUI is a misdemeanor which carries by law a maximum of 6mos county jail/$300 fine. Your third DUI is felony. The speeding ticket is an infraction which only carries a fine, and cannot by law involve jail time. Hope this helps you out a little.
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Old 02-13-2006, 07:31 AM
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Given your situation I would just monitor it and give him the moral support he needs to get throught it. His bond will be set and he can post bond to get out of jail. He can find an attorney on his own. I'm sure there are other students there in the same situation.
Old 02-13-2006, 08:31 AM
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Not sure how Wyoming does it, but in Iowa you get 48 hrs in County the first OWI offense, the judge will generally schedule it for a weekend so as not to interfere with work if you ask them. Iowa has one of the harsher DWI laws in the country, most don't give jail time for first offense.
Old 02-13-2006, 09:04 AM
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I also dont knwo about WY, but her ein KS a first time DUI, with NO other criminal history, will often qualify for a diverted sentence. The sentencing is waived, the offender must complete an Alcohol Sfety course and have NO traffic or alcohol related offenses for a year. Upon completion of the diversion period, the record is purged.....

First offenders will ussually serve 72 hours, which can be scheduled over the weekends if needed, and community service, a one years DL suspension and a fine up to $1000.

I wouldnt try to bail him out of the predicament, at 21 , its probably NOT going to ruin his life, and I know I learned a lot from having to deal with the one I had at 19.

Good Luck with what ever you decide to do.
Old 02-13-2006, 09:08 AM
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Personally, I'd say help him where he needs it. If needs help posting bond, then help him there. If he needs help finding an attorney, help him there. Don't do it all for him but help him out where you can. He seems like a good kid who made a bad decision. That shouldn't be enough of a reason to condem him. Everybody makes mistakes in life.
Old 02-13-2006, 09:21 AM
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I don't think you should have to cough up any more than $1500 to get him squared away. I'm certain that if he is as devoted to his family as his family is to him he will make repayment a number one priority.

Most 1st time DUI's don't spend more than a night or a weekend in jail. (I had the misfortune of an employee getting one, not on the job thankfully!) The fact that there was no accident and no one was hurt is largely in his favor. I would think it is unlikely that this situation will hinder his progress with school.

Now I'm not coddling here, but sometimes good people end up making bad decisions.... As long as he is accepting of the consequences of his actions and moves beyond this in a positive direction he'll be fine. Tell him to keep his head up, we all make mistakes. Oh, and of course, no more drinking and driving!!!

I have a story from high school that is still very vivid in my mind, but this thread isn't about me and I don't intend to make it so.

Zookeeper, I hope everything works out well for you and your son!
Old 02-13-2006, 09:50 AM
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First off - thanks to everyone that has responded so far. This whole situation is far from over but I got much more info in the last couple of hours. His technical advisor is now advised and is going to try to get my Son's records confirmed and advise the court during the arignment. I also talked to a DWI lawyer in Laramie and explained everything as I knew it.

I could let whatever happens - happen but had to make a decision as to what is in his best interest. If I sit back and do nothing, he'd probably end up washing out of his last class there, spend time in jail awaiting a trial and get a public defender that may or may not like their job. I elected to go with the lawyer I talked to - he's charging a flat fee of $1500 if it doesn't go to court - double that if it does. I said he was calling the court when we hung up. He should get the bond reduced to something more reasonable as well. I think this is a point in time where I have to support my son positively and try to minimize the financial impact of his poor decision for both the near term and long term ramifications. A DWI conviction would absolutely hurt him in his career goals with the auto industry. Loss of 1/4 of the school tuition with nothing in return is a huge reason for me personally to try to stop that from happening.
Old 02-13-2006, 10:04 AM
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Everybody messes up sooner or later in life, no exceptions. We all are worth more than the single worst thing we have done, especialy when it is family also. I can not give you "legal" advice, for I do not know anything about this type of things, but I know that I'd be there for my son any way that I could. It is NOT Mommy and Daddy geting you out of trouble, since this is clearly not a pattern as you described it. I can not imagine anything worse than having family "abandon" you. I do not mean that literaly, but it sure can seem that way when you are in trouble. I am sure this will be a HARD and very long lasting lesson for him. Life is short, we have to be there for eachother, for you never know what tomorrow will bring. Do what you can so it will not be regrets that tomorrow will bring.
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