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Drivers Under Deferred Prosecution Agreement.

3K views 28 replies 15 participants last post by  UBERPROcolorado 
#1 ·
Hello friends,
I have a open case for a DUI charge that I obviously have not been convicted for. I have been offered a DPA (Deferred Prosecution Agreement) it is what the government offers to defendants that it isn't sure it has enough evidence to convict. This means that I will not plea therefore, I am not convicted of a DUI under the deal. I will have to take education classes and not get arrested for a year. After which i go to court and the case gets dismissed. Similar to winning a case at trial. Will I be accepted as a driver during the one year wait before my trial? I'm assuming that i will be able to work for uber after the year as that means i am not convicted at all. I'm i being optimistic? This is my first offence and I don't believe that I was under influence during the arrest I just don't want to take any chances as my PD says that there is still a small chance that i may lose the case. Your help is much appreciated.
 
#2 ·
Sounds like your in denial....you don't accidentally drive a car while impaired. If you think you'll be getting off with nothing on your record in a year after being arrested at scene and taking a plea deal ( the reason why you got offered the deal is because your a first timer)....... I'll bet you five hundred bucks your wrong about not being on your record in year....a plea deal is GUILTY
 
#3 ·
Hello friends,
I have a open case for a DUI charge that I obviously have not been convicted for. I have been offered a DPA (Deferred Prosecution Agreement) it is what the government offers to defendants that it isn't sure it has enough evidence to convict. This means that I will not plea therefore, I am not convicted of a DUI under the deal. I will have to take education classes and not get arrested for a year. After which i go to court and the case gets dismissed. Similar to winning a case at trial. Will I be accepted as a driver during the one year wait before my trial? I'm assuming that i will be able to work for uber after the year as that means i am not convicted at all. I'm i being optimistic? This is my first offence and I don't believe that I was under influence during the arrest I just don't want to take any chances as my PD says that there is still a small chance that i may lose the case. Your help is much appreciated.
You're lucky you don't drive in AZ. We have 2 laws, DUI and DWI. The DWI is driving while intoxicated with a BAC of .08 or greater. The DUI, what you would have fallen under is driving under the influence. Which the law states is impaired to the slightest degree. Any redness of eyes, any slurred speech, any unusual behavior, any odor of alcohol, it's the officer's opinion. You could have one sip of wine and get a DUI. Both DUI and DWI carry the exact same penalty in AZ.

Therefore if I were you I would go out and celebrate at your local tavern. Drive your car with your Uber stickers on the windshield so after you're done partying the cops won't stop you for drunk driving.
 
#7 ·
Hello friends,
I have a open case for a DUI charge that I obviously have not been convicted for. I have been offered a DPA (Deferred Prosecution Agreement) it is what the government offers to defendants that it isn't sure it has enough evidence to convict. This means that I will not plea therefore, I am not convicted of a DUI under the deal. I will have to take education classes and not get arrested for a year. After which i go to court and the case gets dismissed. Similar to winning a case at trial. Will I be accepted as a driver during the one year wait before my trial? I'm assuming that i will be able to work for uber after the year as that means i am not convicted at all. I'm i being optimistic? This is my first offence and I don't believe that I was under influence during the arrest I just don't want to take any chances as my PD says that there is still a small chance that i may lose the case. Your help is much appreciated.
Deferred Prosecution is not an admission of guilt. However, it is an admission that you believe a Judge or Jury would find you guilty if the case proceeded to trial. UBER will most likely look at your DUI as not your first....it was simply the first time you got caught. However, that all depends on the depth of a background check. You would be safe to wait out the year before applying to UBER. Please do not drink and drive. Call an UBER instead.
 
#8 ·
I didn't drink and drive it'd obviously with alcohol . I smoked over an hour before my arrest and I wasn't pulled over. I parked my car and the officer walked up to my car as I was parked at a no park zone with my flashers on. He came to check if I was OK smelled the marijuana searched the car found an open container needed a breathalyzer as the US Secret Service police didn't have one on board. They did a field test and took me to the station soley because they didn't have a breathalyzer. I was not driving drunk at all my my BAC was 0. I wasn't even aware that there was an open container in the car. As it belonged to a friend who was in the back seat. He forgot it when he I dropped him off. And mind you i had only smoked a cigarette butt's worth. So if I failed the field test it would be from panic. I'm not in denial of anything. That is the circumstance. I know there is no justice which is why I'm concidering the deal. Not because I believe that I need to take those expensive pointless classes. I was told by my pd 80/20 in my favor. But 20% looks a lot when it can utterly destroy your life. I hope you understand the situation better now.

Sounds like your in denial....you don't accidentally drive a car while impaired. If you think you'll be getting off with nothing on your record in a year after being arrested at scene and taking a plea deal ( the reason why you got offered the deal is because your a first timer)....... I'll bet you five hundred bucks your wrong about not being on your record in year....a plea deal is GUILTY
Its not a plea. There is no plea involved. Read the definition of a DPA. They gave me a plea deal where I would be able to drive with out having my licence revoked which i declined because I would still be a convict. And it would show on record. My pd said that. The case will be dismissed after compliance with the conditions after a year. You can bet however you like as those are the words of a lawyer.
 
#13 ·
Here's my best guess, but it's only a guess. I don't really know...

Uber may refuse you until this thing isn't hanging over your head. The reason being that you getting involved with this program suggests you think you might be found Guilty -- otherwise, why not just plead Not Guilty, right?

If you successfully complete the program and the charges are dismissed, however, they can't hold it against you because at that point, it will have ceased to have existed at all.

But keep us posted. Your experience can be helpful to others.

Good luck.
 
#16 ·
I just want to get this straight. You:
  • had a roach in your car
  • smoked that roach in your car
  • immediately went out driving after smoking that roach
  • had an open container of alcohol in the car
  • parked in a no parking zone, making yourself a target for law enforcement
And you don't feel that you did anything wrong in this situation and there's "no justice"? You really think Uber should let you drive for them after that?
 
#17 ·
Hey GL....I don't see them allowing you to be behind the wheel with that stuff looming on your record now like Suze said.

Good luck and I'd be careful what you agree to with a PD attorney on your side. I had a guy many years ago steal a license plate I had in my work van and got caught eight years later driving with fake registration stickers. I went to court and was a prosecutor witness and seen the behind the scenes action that takes place between PD and prosecutor.....I said right there and then, I'll never use them, they laugh and joke like a car salesman going to see his manager while buying a car....lol.....really GL
 
#20 ·
  1. This whole post is wreaking of irony... Bottom line is you chose to get behind the wheel after partaking in ANY type of motor-skill inhibiting substance, be it marijuana or alcohol. Sure, you may ultimately walk free from this, but you can't deny you made a bad decision to get behind the wheel, regardless of how you felt at the time. Stop blaming the "man". Get off that bullsh*t crap, grow up, and be responsible for your own actions.
  2. My feelings are that I wouldn't want you behind the wheel of the Uber vehicle that I get into after being a responsible drinker, so there's my two cents.
Good luck...
 
#22 ·
I would fight em.
They got nothing.
They not offering you anything ... they got nothing to offer.
Don't puss out.
Don't drive impaired.
I just don't understand this. You could have convinced me 5 years back, but today, when anyone can call an underpaid, overworked sucker to come pick them up in their own car, for typically less than the cost of the gas it takes to get there, to drive them home, using an app in their phone, why...why would anyone risk seriously screwing up their life with a criminal record and drive drunk?
 
#23 ·
Oh, I'm not disagreeing with you.
Sitting in a parked car, toking on a roach after dark ... not smart.
BUT, now that it's done ... my attitude is "learn from it and mitigate the damages as much as possible."
The DA gots nothing.
I would ignore them.
If they file - ask for a jury trial, and do not sign any waivers of time.
 
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#24 ·
The other consideration here is that it may not matter what you plead.

The ARREST will show up in your background, and I'm betting that alone would be enough to disqualify you from driving with either company. It might be different if the charge had been shoplifting, or trespass, or something similar. But Driving Under the Influence -- when you are applying for a DRIVING job -- seems to me like a deal-breaker.

Nobody here can tell you what will happen. You just have to play it the way you think best and then deal with the consequences.
 
#27 ·
I would fight for the dismal outright. Some place might still see the arrest n that it was dropped later. I read law forums,people think they have no conviction. The background check shows something they have trouble finding a job . I think if your not guilty at trail you can get the charge expunged.
 
#29 ·
Hello friends,
I have a open case for a DUI charge that I obviously have not been convicted for. I have been offered a DPA (Deferred Prosecution Agreement) it is what the government offers to defendants that it isn't sure it has enough evidence to convict. This means that I will not plea therefore, I am not convicted of a DUI under the deal. I will have to take education classes and not get arrested for a year. After which i go to court and the case gets dismissed. Similar to winning a case at trial. Will I be accepted as a driver during the one year wait before my trial? I'm assuming that i will be able to work for uber after the year as that means i am not convicted at all. I'm i being optimistic? This is my first offence and I don't believe that I was under influence during the arrest I just don't want to take any chances as my PD says that there is still a small chance that i may lose the case. Your help is much appreciated.
I am not sure. But I will say this. I hope for the safety of the public that neither Uber or Lyft will allow you to drive. There is no room for drivers with a history of drinking and driving. Period.
 
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