dui and buying

[Brown-Bear]

That sucks man. I've seen many threads here about DUI's not csusing problems for others, But I guess you seem to be the victim of a judge who was actually sentencing people for these types of things. Seeing both sides of the coin I guess. I hope you can your rights restored. Keep in contact with the more seasoned guys here like the post by PaPatriot and you in good shape to get some real help. Just sucks man, I hate to hear about this kinda stuff.

Dave

[policemedic]

That sucks man. I've seen many threads here about DUI's not csusing problems for others, But I guess you seem to be the victim of a judge who was actually sentencing people for these types of things. Seeing both sides of the coin I guess. I hope you can your rights restored. Keep in contact with the more seasoned guys here like the post by PaPatriot and you in good shape to get some real help. Just sucks man, I hate to hear about this kinda stuff.

Dave

Actually, DUI sentences are set out in 75 PA CS section 3804. No leeway in sentencing...and a first offense carries a mandatory minimum probation sentence of 180 days, not 90.

[Intolerantbobj]

M - 98,

Cases such as yours are exactly the reason I tell folks to spend everything necessary to fight a D U I arrest.
I'm not trying to condone drunk driving, but when the Founder of M A D D refuses to be associated with the organization any longer , it gives you a hint of just how far out of control that organization and our laws have gotten.

If you get stopped for D U I > especially if you value your Rights and/or have a C D L < do yourself a favor and FIGHT it.

If you don't spend the money now to overturn it , you will be haunted by it for the rest of your life ... either by loss of Rights or Financially ... usually both.

By the time you get thru with the Fines, Court Charges and Fees, gadgets to monitor your vehicle, Insurance Extortion, etc., you will have EXCEEDED the cost of a good lawyer.

My brother was one who wouldn't listen and I watched as he was raked over the coals ... murders receive a lesser penalty.

I wish you the best of luck and hope you change a habit or two.

Take Care M 98

[silentcrow]

I agree with fighting, and beware of even over-the-counter meds and shifty police/hospitals. I had a DUI for a prescription medication I hadn't even taken! They just happened to find an old script in my glove box I had forgotten about and somehow "found" it in my blood...Even though another test at a different hospital (within 2 hours of the first) showed NOTHING!

I didn't have the money to fight. Even if I had, the dishonesty can be pretty bad around here. I ended up with ARD. Through that, I found out that, even if you took aspirin and they think it has affected your driving, you get a DUI charge. About the only good thing I found out is that if you are riding (not driving) a horse drunk/impaired, they can't arrest you. Makes no sense to me.

If you are on a second offence within 10 years (thanks to the new changes) kiss having guns goodbye, unless, as suggested in an earlier post, you can petition the court to get the rights back.

[TJBrando]

If you are on a second offence within 10 years (thanks to the new changes) kiss having guns goodbye, unless, as suggested in an earlier post, you can petition the court to get the rights back.

That is not necessarily true. You can still be OK if it is your 2nd DUI depending on the grading/BAC level. In the original posters situation, his BAC was probably over .16, that is why he got charged with a first degree misdemeanor and is now a prohibited individual. If his BAC was .08 to .09 (for example), he would have been charged with an ungraded misdemeanor and would NOT be prohibited.

[PisnNapalm]

I'm going to take the other view on this topic.

Mauser98, Please don't be overly offended by what I'm going to say. I just want to present another side to this. Speaking as someone with several family members who are/have been alcoholics I hope to share a different opinion here.

I do not agree that you should be allowed to own firearms. You've been convicted of a disqualifying offense. It is illegal for you own or purchase firearms. I am wholeheartedly pleased about that.

I do no think you should be allowed to drive either. I imagine your drivers license was revoked as well, and if not, then it should have been.

Driving with a BAC over .16 is totally and completely irresponsible and dangerous. Someone who shows that much willful disregard for himself and others on the road should not be allowed to drive, nor should they be allowed to own firearms.

[P-11 shooter]

I'm going to take the other view on this topic.

Mauser98, Please don't be overly offended by what I'm going to say. I just want to present another side to this. Speaking as someone with several family members who are/have been alcoholics I hope to share a different opinion here.

I do not agree that you should be allowed to own firearms. You've been convicted of a disqualifying offense. It is illegal for you own or purchase firearms. I am wholeheartedly pleased about that.

I do no think you should be allowed to drive either. I imagine your drivers license was revoked as well, and if not, then it should have been.

Driving with a BAC over .16 is totally and completely irresponsible and dangerous. Someone who shows that much willful disregard for himself and others on the road should not be allowed to drive, nor should they be allowed to own firearms.

Wrong......

[P-11 shooter]

Ok. You made a very well spoken argument and it would be unfair of me not to do the same.


I disagree with the ease you can be denied you gun rights for life. I will agree that driving past point .16 is irresponsible. I disagree however that any conviction past a certian point should automatically disqualify someone for life.



I think this is something we REALLY need to change, however with certian people in this country it's hard enough just to keep our own rights, let alone fight for the people who were already denied them.


I think we need simething like the PA points system for driving. If you do something wrong you may loose ability to buy guns. If you don't do anything for a certian time frame than you can.....This is even a compromise for me.


I don't think almost anyone sould lose their rights.....even felons

[PisnNapalm]

I think we need simething like the PA points system for driving. If you do something wrong you may loose ability to buy guns. If you don't do anything for a certian time frame than you can.....This is even a compromise for me.

I don't think almost anyone sould lose their rights.....even felons

That seems to be a reasonable compromise. Say something like a M1 DUI will disqualify you for 5 years. If you've had no other problems with the law during that time your rights could be restored.

You're correct to a point. As an example, if someone has a M1 DUI from 15 years ago, but has been a responsible person since then they ought to be able to enjoy firearms ownership.

On the other side of this is a felon who has committed violent crimes. Even if they have "paid their debt to society" with jail time, do we then welcome them back to gun ownership? Where does the line get drawn?

Gun ownership means you're taking on a great responsibility. People who prove they are grossly irresponsible should not have firearms.

[TJBrando]

I hate the phrase...if you can't do the time, don't do the crime...but in a way it is appropo.

You get caught DUI once...OK, you can get ARD, probation, whatever...and still not be prohibited.

You get caught a second time with a BAC OVER .16, you haven't learned your lesson.

Believe me...I learned my lesson.