Orange County Criminal Defense

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Teenager Receives Jail for Facebook Post about DUI

September 21, 2012

Fred Thiagarajah

A teenager, Paula Asher, who was arrested for DUI after sideswiping another car with four passengers, made fun of her DUI arrest on her Facebook page.  Specifically, she said “My dumbass got a DUI and hit a car LOL”.   Fortunately, none of the passengers in the car Asher hit were hurt as a result of the accident.  Unfortunately, the judge in her case became aware of her Facebook posting and ordered Asher to shut down her Facebook page.  When Asher refused to do so, the judge found the teenager in contempt and threw her in jail for two days.

Click here for the full story.

A judge can always sentence someone for greater punishment on their case when they fail to show remorse for their crime.   Ms. Asher’s conduct is not only childish but clearly insensitive as well.  I imagine she wouldn’t be LOL if a drunk driver had hit her.

Defending a teenager who is charged with driving under the influence is an uphill battle in California.  There is a zero tolerance law in effect which means that a teenager with even a .01% blood alcohol level is in violation of the law.  The three most common laws for underage drinking and driving are Vehicle Code sections 23136, 23140 and 23152.  Vehicle Code section 23136 prohibits underage drivers from having a .01% or more blood alcohol level; Vehicle Code section 23140 prohibits underage drivers from having a .05% or more blood alcohol level.  Both crimes are infractions that result in a one-year license suspension by the DMV.  The difference between the two is that police officers normally do not arrest a defendant for Vehicle Code section 23136.  Vehicle Code section 23152 is the normal DUI law.   An underage driver who drives with a blood alcohol level of .08% or higher not only will lose their driver’s license for a year, but will also face misdemeanor charges.  Visit our website for a more detailed explanation of underage DUIs.


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