Saturday, March 29, 2014

Dumb DUI Facebook Post can lead to Revocation of DUI Probation Hearing, California Attorneys warn

San Diego DUI lawyers suggest that people convicted of drunk driving or on California DUI probation not put negative information on social networks such as Twitter or Facebook.

California DUI attorneys do not want clients to make incriminating statements on social media as they could come back to bite.  Today's Yahoo story is no exception.

Getting in trouble for a post on Facebook is becoming common. When a DUI Probationer who is not supposed to be consuming alcohol but passes a random breath test she maybe should not pass, don't blow it by publicizing it.  You could face a DUI probation violaton.  Here's how:

Back in 2012, Colleen Cudney was convicted for drunken driving. As part of her punishment, she was put on probation, and so on the day after St. Patrick’s Day, the 22-year-old was ordered to come to her Westland, Michigan probation office for a random breathalyzer test. She managed to pass it and celebratedthe good news on Facebook. That Facebook post, as WDIV Local 4 News reports, was a pretty stupid move.  She purportedly posted:

 “Buzz killer for me, I had to breatalyze this morning and I drank yesterday but I passed thank god lol my dumba**." There’s There are a lot of problems with this status update. Why don’t we go over them? (Note: Notice how I criticized her writing and then proceeded to make a mistake myself? Karma.)

  1. It’s “buzzkill,” not “buzz killer.”
  2. I know you meant “breathalyze,” but that isn’t a word. (I stand corrected, because it's pointed out breathalyze IS a word. I shouldn't have been so quick to be smarmy. This was a rough stretch for me, huh?)
  3. OH AND YOU AREN’T SUPPOSED TO BE DRINKING BECAUSE YOU WERE CONVICTED FOR DRUNK DRIVING.



Colleen Cudney (WDIV)

Cudney’s post gained the attention of a Westland police officer, who then notified the probation office. Did the probation office then say something like, “Oh well, she got us. She wins this round”? Nope. They called her up and told Colleen they wanted her to take a urine test, something that would detect whether she had had alcohol in the previous 80 hours. Colleen then…hung up on the probation officer. You’re not supposed to do that.



Colleen's Facebook post (WDIV)

Hanging up the phone on the probation official was a probation violation. And to think, her probation was set to end in a few weeks. Colleen Cudney will be back in court on April 1 for a probation hearing and faces up to 3 months in jail.