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Posted: 1/31/2006 9:17:58 AM EDT
[Last Edit: 1/31/2006 9:18:48 AM EDT by KN]
Shes guilty big time.
Got caught speeding and blew over the limit.

The question is. Should she lawyer up or not? Or just walk in and plead no contest?
Can lawyers really do things for people with DUI's these days?
Link Posted: 1/31/2006 9:19:39 AM EDT
Getting a lawyer for a DUI is great...if all you want to do is spend another $3000 on top of all the fines and other shit you end up having to pay for.

Waste of time and a lot of money 98% of the time.

Link Posted: 1/31/2006 9:20:09 AM EDT
[Last Edit: 1/31/2006 9:20:50 AM EDT by Hellhound]
WOW!

Sorry I cannot be of any help, perhaps you should post this in the Ohio Hometown Forum?

I have often wondered if it was really worth the $$$ to hire an atty. in this situation?

ETA: 89grand, that is what I have always thought.
Link Posted: 1/31/2006 9:20:42 AM EDT
Lawyer up. Get it plead down to at least driving while impared. Having a DUI on the record could disqualify her from some jobs...such as working with children. Cost will be around $1,000. I had an ex that got a DUI shortly after we broke up.
Link Posted: 1/31/2006 9:21:13 AM EDT
Oh Lord.
Link Posted: 1/31/2006 9:21:16 AM EDT
A buddy of mine got a lawyer and about $2500 later he had his charges dropped to something verily minor.....kept the DUI off of his record though.
Link Posted: 1/31/2006 9:21:35 AM EDT
Lawyer can get your fines and jail time down, if you have to go. Mainly because the prosecution knows they have a fight.
Link Posted: 1/31/2006 9:22:25 AM EDT
A lawyer can usually strike a plea bargain and lessen the severity of the conviction, or in rare cases get someone off completely on a technicality.
Link Posted: 1/31/2006 9:23:31 AM EDT
Shouldn't "personal responsibility" be something that a person aspires to?

If she did it, then she should take the hit for it. Getting a laywer only shows that she isn't willing to accept responsibility for her actions.

If she wants to go the lawyer route, dump her and find a woman with a working moral compass.
Link Posted: 1/31/2006 9:23:31 AM EDT

Originally Posted By KN:
Shes guilty big time.
Got caught speeding and blew over the limit.

The question is. Should she lawyer up or not? Or just walk in and plead no contest?
Can lawyers really do things for people with DUI's these days?



I'll apologize in advance for going off topic.

Your girlfriend was drunk, and speeding.
What a fucking irresponsible dipshit.
Ditch her while you can. If you were married to this bitch, and she creamed someone
while drunk, she will take you down with her. (financially)

Link Posted: 1/31/2006 9:24:08 AM EDT
Think about it, if you get a DUI what's a lawyer really going to be able to do about it?

Rich people can afford the lawyers that will go after everything, the testing procedures, test equipment and whatever else. Your run of the mill DUI lawyer that advertises on TV won't do shit except go to court once or twice with you. You pay them about 3k for absolutely nothing.
Link Posted: 1/31/2006 9:24:16 AM EDT
Is it her first offense? How long has she been driving? How far over did she blow? If the stop was kosher and the test was good, a lawyer is just going to take her money and plea her out.

Do some research of the sentencing of similar cases in that court. If she is an experienced driver with a clean record she may be able to plea no contest and ask for a bit of a break. She is going to get a suspension. There is no way around that. All she can hope for is permission to drive to and from her place of employment and she may need a lawyer to apply for that.
Link Posted: 1/31/2006 9:24:27 AM EDT

Originally Posted By SWIRE:
Lawyer up. Get it plead down to at least driving while impared. Having a DUI on the record could disqualify her from some jobs...such as working with children. Cost will be around $1,000. I had an ex that got a DUI shortly after we broke up.



+1, I've heard you need a lawyer or the judge throws the book at her.
Link Posted: 1/31/2006 9:24:46 AM EDT
Depends on the state - in some states, lawyers can apparently get a lot done (Missouri is one of those), in terms of having it off the record - other states it may not be as possible.

As a separate question (and feel free to ignore) - If this a habit of hers, or a one-time thing?

If a habit, maybe a trip to jail, or a huge fine might help her get her head out of her ass.
Link Posted: 1/31/2006 9:25:21 AM EDT

Originally Posted By 89grand:
Getting a lawyer for a DUI is great...if all you want to do is spend another $3000 on top of all the fines and other shit you end up having to pay for.

Waste of time and a lot of money 98% of the time.




I totally disagree.

I AM a lawyer and I wouldn't go to court for any reason without an attorney representing me.

I don't do DUIs, but if anyone I knew got one, they would go to court with an attorney.

It's a minefield, get somebody with a map.
Link Posted: 1/31/2006 9:27:29 AM EDT

Originally Posted By The_Reaper:

Originally Posted By KN:
Shes guilty big time.
Got caught speeding and blew over the limit.

The question is. Should she lawyer up or not? Or just walk in and plead no contest?
Can lawyers really do things for people with DUI's these days?



I'll apologize in advance for going off topic.

Your girlfriend was drunk, and speeding.
What a fucking irresponsible dipshit.
Ditch her while you can. If you were married to this bitch, and she creamed someone
while drunk, she will take you down with her. (financially)






I guess this guy walks on water?

lol

Anyways a few of people I know were busted for dui and only one that lawyered up actually found it useful the others got harsher punishements. I would save the money tell her to start going to a couple aa class's judges like to see that for some reason and have her appear really remorsfull when she see's the judge.


Goodluck
Link Posted: 1/31/2006 9:29:09 AM EDT
Get a lawyer. They can get things reduced.

And tell her to stop drinking and driving!
Link Posted: 1/31/2006 9:30:57 AM EDT

Originally Posted By CITADELGRAD87:

Originally Posted By 89grand:
Getting a lawyer for a DUI is great...if all you want to do is spend another $3000 on top of all the fines and other shit you end up having to pay for.

Waste of time and a lot of money 98% of the time.




I totally disagree.

I AM a lawyer and I wouldn't go to court for any reason without an attorney representing me.

I don't do DUIs, but if anyone I knew got one, they would go to court with an attorney.

It's a minefield, get somebody with a map.



I should tell the friend of mine that recently got a DUI the $2500-3000 she spent on a lawyer was a good investment...even though she still ended up with the same fines, jail time and other things you get with a DUI with or without a lawyer. The only she got using a lawyer, was another large bill to pay.

I got a DUI many years ago myself, I didn't have a lawyer, and I just ended up with the same basic punishment as anyone else gets. There are certain mandatory things that come with a DUI conviction, at least in AZ, and your getting that lawyer present or not.
Link Posted: 1/31/2006 9:31:51 AM EDT
[Last Edit: 1/31/2006 9:33:23 AM EDT by skpp108]

Originally Posted By The_Reaper:

Originally Posted By KN:
Shes guilty big time.
Got caught speeding and blew over the limit.

The question is. Should she lawyer up or not? Or just walk in and plead no contest?
Can lawyers really do things for people with DUI's these days?



I'll apologize in advance for going off topic.

Your girlfriend was drunk, and speeding.
What a fucking irresponsible dipshit.
Ditch her while you can. If you were married to this bitch, and she creamed someone
while drunk, she will take you down with her. (financially)




Yep. And they don't usually stop after the first one.
Link Posted: 1/31/2006 9:33:42 AM EDT

Originally Posted By xanadu:
Shouldn't "personal responsibility" be something that a person aspires to?

If she did it, then she should take the hit for it. Getting a laywer only shows that she isn't willing to accept responsibility for her actions.

If she wants to go the lawyer route, dump her and find a woman with a working moral compass.



I agree with the above.
Link Posted: 1/31/2006 9:34:20 AM EDT
Another thing to keep in mind is that usually in something like a DUI case, the court will offer you a certain deal to plead guilty. You decide to fight instead and lose, they'll nail your ass with the maximum penalty.

Get unlucky enough to get some dip shit lawyer and lose the case, you'll be getting the max AND a $3k bill.
Link Posted: 1/31/2006 9:35:36 AM EDT
Some of you guys crack me up.
Link Posted: 1/31/2006 9:37:21 AM EDT
I rarely post, but I have watched several people go through the DUI process in CA. People without lawyers get screwded big time! Ignore the talk about her accepting the consequences. What she gets with the lawyer will still be punishment but it will make a big fifference. Especially if the lawyer can keep a DUI from going on her record. Lawyers stand up for your rights in a system that will walk all over your rights if you don't fight for them.
Tom
Link Posted: 1/31/2006 9:38:27 AM EDT
Also if she blew and failed then what is the lawyer going to be able to prove I have a had a few laywers tell me that if I ever get pulled over and I know I am drunk that the last thing I should do is blow but try to waiste time stall , come up with excuses the more time that passes the less drunk you become.
If you are going to blow wait till they take you to jail usually a hour will have gone by and you will be less drunk.
Another tactic is tell them you want a blood test by the time it is all said and done atleast a hour will go by.
Link Posted: 1/31/2006 9:38:49 AM EDT

Originally Posted By KN:
Shes guilty big time.
Got caught speeding and blew over the limit.

The question is. Should she lawyer up or not? Or just walk in and plead no contest?
Can lawyers really do things for people with DUI's these days?



IMO, and again, IN MY OPINION!!!! - - if she did not have anything other than the dui, then no, she doesn't need to get an attorney. She will spend 3 or 4 grand only to have the dui on her record anyway. With rare exception, an attorney cannot get anybody out of a dui - some of those exceptions can go into later if necessary, but if your g/f wasn't an epileptic, or under medications, or force-fed booze, then this is pretty much moot.

She should plead no contest, take the driving class, take the points, pay the fines and move on. Depending on your state, she may even need a "blow job" hooked-up to her car (a machine that measures alcohol content and will only start if the driver blows a "zero").

Link Posted: 1/31/2006 9:39:29 AM EDT
[Last Edit: 1/31/2006 9:40:23 AM EDT by legalese77]
The posts in this thread are alternatively causing uncontrollable fits of laughter and atrophy of the brain that I can actually FEEL taking place.

p.s. remember that the 'legal advice' you get here is worth just about what you pay for it or less.
Link Posted: 1/31/2006 9:40:07 AM EDT

Originally Posted By xanadu:
Shouldn't "personal responsibility" be something that a person aspires to?

If she did it, then she should take the hit for it. Getting a laywer only shows that she isn't willing to accept responsibility for her actions.

If she wants to go the lawyer route, dump her and find a woman with a working moral compass.



She is not trying to get out of it. She is set on taking what ever punishment they give out.
I was just not sure if that would be the smart thing to do to go walking in there with no lawyer.
Link Posted: 1/31/2006 9:42:04 AM EDT

Originally Posted By Sukebe:
Is it her first offense? How long has she been driving? How far over did she blow? If the stop was kosher and the test was good, a lawyer is just going to take her money and plea her out.

Do some research of the sentencing of similar cases in that court. If she is an experienced driver with a clean record she may be able to plea no contest and ask for a bit of a break. She is going to get a suspension. There is no way around that. All she can hope for is permission to drive to and from her place of employment and she may need a lawyer to apply for that.



Its her first time. But she does have a bad speeding record. Stop sounds kosher. I think she blew .10 that sound right?
Link Posted: 1/31/2006 9:43:20 AM EDT
Originally Posted By 226-fan:
I rarely post, but I have watched several people go through the DUI process in CA. People without lawyers get screwded big time! Ignore the talk about her accepting the consequences. What she gets with the lawyer will still be punishment but it will make a big fifference. Especially if the lawyer can keep a DUI from going on her record. Lawyers stand up for your rights in a system that will walk all over your rights if you don't fight for them.
Tom[
226-fan
Member
Joined :: November 2002
Post Number :: 9

Thats the truth.
Link Posted: 1/31/2006 9:43:26 AM EDT

Originally Posted By KN:

Originally Posted By Sukebe:
Is it her first offense? How long has she been driving? How far over did she blow? If the stop was kosher and the test was good, a lawyer is just going to take her money and plea her out.

Do some research of the sentencing of similar cases in that court. If she is an experienced driver with a clean record she may be able to plea no contest and ask for a bit of a break. She is going to get a suspension. There is no way around that. All she can hope for is permission to drive to and from her place of employment and she may need a lawyer to apply for that.



Its her first time. But she does have a bad speeding record. Stop sounds kosher. I think she blew .10 that sound right?


.10?

she was FUCKED UP!

that would be aggravated dui here..

Link Posted: 1/31/2006 9:45:20 AM EDT
[Last Edit: 1/31/2006 9:45:51 AM EDT by The_Reaper]

Originally Posted By Dv8xbox:

Originally Posted By KN:

Originally Posted By Sukebe:
Is it her first offense? How long has she been driving? How far over did she blow? If the stop was kosher and the test was good, a lawyer is just going to take her money and plea her out.

Do some research of the sentencing of similar cases in that court. If she is an experienced driver with a clean record she may be able to plea no contest and ask for a bit of a break. She is going to get a suspension. There is no way around that. All she can hope for is permission to drive to and from her place of employment and she may need a lawyer to apply for that.



Its her first time. But she does have a bad speeding record. Stop sounds kosher. I think she blew .10 that sound right?


.10?

she was FUCKED UP!

that would be aggravated dui here..




What are you talking about.
0.1 is just a hair above the limit.


edit: WEll... here anyway. What is the limit there?
Link Posted: 1/31/2006 9:45:31 AM EDT
Lawyer up and plead guilty to a lesser charge.
Link Posted: 1/31/2006 9:45:40 AM EDT

Originally Posted By CITADELGRAD87:

It's a minefield, get somebody with a map.




Best advice about the US legal system I've ever heard.
Link Posted: 1/31/2006 9:45:46 AM EDT
If she does get a lawyer. I'm going to make a prediction right now. There will be a thread in a few months titled:

"Fucking lawyers are rip off scum bags" With some text something like this: "My girlfriend payed this asshole lawyer $3000 for her DUI ticket, she got the same punishment she would have had without it, and now she owes the lawyer $3k. Is there anyway to fight paying the lawyer?".

Link Posted: 1/31/2006 9:46:07 AM EDT
I would lawyer up. It is only money, any reduction in charges would help her out in the future.

It helped my dad a lot when he got caught, but he was right on the edge of the legal limit.


Link Posted: 1/31/2006 9:49:54 AM EDT
haha, your right sorry its .08 here.
Link Posted: 1/31/2006 9:50:10 AM EDT

Originally Posted By xanadu:
Shouldn't "personal responsibility" be something that a person aspires to?

If she did it, then she should take the hit for it. Getting a laywer only shows that she isn't willing to accept responsibility for her actions.

If she wants to go the lawyer route, dump her and find a woman with a working moral compass.




You can still have a moral compass and retain an attorney. She can hire one to make the court process go smoother/faster, and possibly strike a plea bargain w/ the prosecutor i.e. a guilty plea in exchange for not having license suspended, etc. It probably won't cost much, if anything, to at least consult w/ an attorney. Let him know you're not inclined to try to beat it, but would just like to get thru it as easily as possible. Could cost you considerably less than it would to put on a mega-defense.
Link Posted: 1/31/2006 9:53:03 AM EDT
[Last Edit: 1/31/2006 9:57:15 AM EDT by AcidGambit]
If they have a solid case, which is sounds like they do, and you take to full on trial... Many will really lay it to her for wasting the courts time. Find a lawyer who will represent her in the court, so you have someone talking to the prosecution... Agree to the mandatory minium and have them agree not to fight ending probation early (if she behaves herself.) The only way you would get it knocked down to a lower charge is if their case is slightly iffy.
At any rate, it doesn't cost anything to talk to a lawyer and have him look at the case, she should do that regardless.

We have a judge here, if you are flat out guilty and you waste the court's time, she will throw you in jail for 10 days on a DUI in addition to the FL minium.


During her probation... She should not fuck around (more people get into trouble doing this and make things worse), she should do her requirements (classes, fines, community service) as quickly as humanly possible, you want out of the system as fast as possible.

DUI is a stupid thing... It's not a life ruiner (is that even a word ?) but it will cause trouble for about 5years. If you haven't done anything wrong after 5 years, it's no longer a huge deal. Then go get a lawyer and have it struck from her record if it bothers her.
I've never know it to negatively effect anyone who got just one 5+ yrs ago. People get the CDLs and security clearances, become cops, etc. It goes to what age you were when you got it also.

Not the end of the world... Tell her to stay out of the system after this, okay.

Link Posted: 1/31/2006 9:59:54 AM EDT

Originally Posted By 89grand:

Originally Posted By CITADELGRAD87:

Originally Posted By 89grand:
Getting a lawyer for a DUI is great...if all you want to do is spend another $3000 on top of all the fines and other shit you end up having to pay for.

Waste of time and a lot of money 98% of the time.




I totally disagree.

I AM a lawyer and I wouldn't go to court for any reason without an attorney representing me.

I don't do DUIs, but if anyone I knew got one, they would go to court with an attorney.

It's a minefield, get somebody with a map.



I should tell the friend of mine that recently got a DUI the $2500-3000 she spent on a lawyer was a good investment...even though she still ended up with the same fines, jail time and other things you get with a DUI with or without a lawyer. The only she got using a lawyer, was another large bill to pay.

I got a DUI many years ago myself, I didn't have a lawyer, and I just ended up with the same basic punishment as anyone else gets. There are certain mandatory things that come with a DUI conviction, at least in AZ, and your getting that lawyer present or not.



Look, I do not know your line of work, but rest assured, if I became in need of accurate information about that line of work, I'd speak to someone who actualy does what you do for a living.

How do you know the fines were all "the same" as if you friend had just gone in and taken whatever the DA was offering?

I cannot read anyone else's mind, but I can assure you that I get the best deal I can for any client I represent. If I'm dealing with someone without a lawyer, or even a lawyer that doesn't seem too sharp, I offer far less than I would if I had a worthy opponent.

Lawyers who handle DUIs every day know the weaknesses in the prosecution's case, they know what deals will be considered, what kind of case the DA might want to try versus plead, etc.

I would never go to court without an attorney.

Can they work magic? No. Maybe your firend was caught dead to rights with no wiggle room, maybe that lawyer sucked.

Still doesn't change the game. You're going up against someone in a highly technical area, full of procedural pitfalls. That person does it every day, you've never done it before.

He knows what deals CAN be done, you just want to ask for "something less." This means you might ask for something far less than he would agree to, he gives it to you, barely able to contain his glee. Then you think you did a great job, while he knows you screwed yourself.

I'll take a lawyer to that game any day of the week.
Link Posted: 1/31/2006 10:05:35 AM EDT
The man(woman) who represents himself has a fool for a client.

Laywer up!
Link Posted: 1/31/2006 10:17:13 AM EDT
[Last Edit: 1/31/2006 10:18:23 AM EDT by sleepdr]

Originally Posted By The_Reaper:

Originally Posted By Dv8xbox:
Originally Posted By KN:

.10?

she was FUCKED UP!

that would be aggravated dui here..




What are you talking about.
0.1 is just a hair above the limit.


edit: WEll... here anyway. What is the limit there?



Limit is an arbitrary number. Know how many victims & drivers in alcohol-related crashes had drivers below limit? Hint: many. Know how many people I've taken care of as a result of alcohol and driving? Hint: many. Crash a car while drunk and end up in my operating room? You'll get safe treatment, but don't expect us to be too terribly fond of your behavior. You may have killed the person in the room next to you.

I see zero, absof**kinglutely no reasonable excuse for driving under the influence. Get a cab. You want to kill yourself, go ahead, but keep away from me and my family on the road. Don't give me a song and dance about "being able to handle your liquor." I am familiar with the effects of alcohol and related drugs, and you'll be a danger while thinking you're fine.

She's got a serious speeding record. She got caught speeding while drunk. She's got some scary driving habits there, bud. And yes, she should probably lawyer up with an already tarnished record. DK is right; Mrs sleepdr is from MO and attorneys (her family's full of 'em) can do a lot for traffic offenses.




Link Posted: 1/31/2006 11:17:42 AM EDT
[Last Edit: 1/31/2006 11:23:57 AM EDT by Ralph]
If it's her first offense..and she has no other driving priors, GET LEGAL COUNSEL!!! a good attorney will often get this pleaded down to a reckless op,and she may have to go to a DUI camp. The DUI charge will stay on her driving record forever... In Ohio,Three DUI's in 20 years is a FELONY!!(think prison) This is why you don't want the DUI IF you can get it pled down.It will cost to get a attorney, But so is just going in and taking your lumps..In Ohio, the judge CAN give her jail time..a bunch of it , remember it's HIS court he can give the max sentence if he wants, and I believe that's a bunch of jail time,alot more than three days.. At least with a attorney, you will know what your options really are, and not what the court wants you to think they are. There is a BIG diffrence between the two.. Also for first offense, quite often she'll be given the option of going to a DUI camp instead of jail, this is a better option than jail time, as most camps are much more relaxed than a county jail, safer as well, Some courts will knock the cost of the DUI camp off the fine so, you may save a little $$ but, Talk to an Attorney first, before you do anything. The cost of a attorney is probably cheaper than court costs, fines, rasied insurance rates for the next 5-6years or more(think about double), etc, not to mention those cute DUI tags she may have to put on her car, and pay a bunch for...
Link Posted: 1/31/2006 11:20:00 AM EDT
[Last Edit: 1/31/2006 11:21:40 AM EDT by ScaryBlackGuns]

Originally Posted By 89grand:
Another thing to keep in mind is that usually in something like a DUI case, the court will offer you a certain deal to plead guilty. You decide to fight instead and lose, they'll nail your ass with the maximum penalty.

Get unlucky enough to get some dip shit lawyer and lose the case, you'll be getting the max AND a $3k bill.



WOW!

You really don't know shit.

SBG
Link Posted: 1/31/2006 11:28:59 AM EDT
I liked it when people got a lawyer. Lawyer fees plus the court fine = $$ down the tube.
Link Posted: 1/31/2006 11:45:18 AM EDT
Lawyer up.

and:


Tanam
Member
Joined :: February 2005
Post Number :: 777



mmmmkay
Link Posted: 1/31/2006 11:47:22 AM EDT

[Jim Carrey/Liar Liar]"QUIT BREAKING THE LAW ASSHOLE!!![Jim Carrey/Liar Liar]


Link Posted: 1/31/2006 11:51:00 AM EDT
No attorney necessary. Tell the prosecutor she will plead NOLO if they will reccommend the minimum sanctions allowable by law and dismiss any moving violations. Unless there are obvious errors made by the LEO, which would get the charges dismissed on a technicality, an attorney won't get you any better of a deal.
Link Posted: 1/31/2006 11:53:25 AM EDT

Originally Posted By justice23:
No attorney necessary. Tell the prosecutor she will plead NOLO if they will reccommend the minimum sanctions allowable by law and dismiss any moving violations. Unless there are obvious errors made by the LEO, which would get the charges dismissed on a technicality, an attorney won't get you any better of a deal.



Hypothetical: What if the prosecutor says, "No."

Your move.

SHould she try the case herself?
Link Posted: 1/31/2006 11:55:16 AM EDT
The stupidity on this thread is mindblowing. At a minimum, get a consultation with the lawyer. If you want to see what happens when somebody doesn't have a good lawyer, go to the WA hometown and take a look at what happened to Tweak. Lady justice may be blind, but she's definitely a real bitch.

Link Posted: 1/31/2006 12:01:42 PM EDT
you've gotten loads of advice in this thread. take it from a bartender--she needs to lawyer up. i've seen hundreds of DWI situations, (thankfully, none that i contributed to) and every time, refusal to get representation gets the defendant screwed. the court only recognizes convenience. if you make it convenient for them, they will nail you. you must threaten to make it difficult. that's the only language they understand.

find a legit DWI attorney and have your girl give him the facts. most guys in TX have a guarantee that if they can't get rid of the DWI, they don't charge a fee.

if she pleads nolo, there is a 100% chance of conviction.

with a lawyer, this drops to about 30%.

most importantly, tell her to quit driving drunk.
Link Posted: 1/31/2006 12:16:05 PM EDT

Originally Posted By justice23:
No attorney necessary. Tell the prosecutor she will plead NOLO if they will reccommend the minimum sanctions allowable by law and dismiss any moving violations. Unless there are obvious errors made by the LEO, which would get the charges dismissed on a technicality, an attorney won't get you any better of a deal.






Damn pesky Constitution and its infernal technicalities!!

Please do your girl a favor and tune this sort of stuff out. If anyone here gives you substantive advice on how to handle this case without first identifying themselves as a lawyer that handles DUIs in the charging state, preferably in the charging county, promptly ignore them.

I suggest you have your girl make an appointment with a real life attorney complete with degree and license, preferably one experienced in local DUI practice. Check martindale.com for the attorney's rating and ask about the attorney's reputation. Make sure the attorney will give you a free consultation. Make appointment ASAP. Then your girl can make a properly informed decision.

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