[ARCHIVED THREAD] - Pie (Page 1 of 5)
Posted: 8/26/2013 5:04:04 PM EDT
| Pie |
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I was one of those guys who would have a few and drive thinking I was okay. Well I got pulled over and according to the law I wasn't. My fault no question about it. I consented to the roadside sobriety tests thinking I would be fine but as we all know that just builds them a stronger case for a conviction. I blew a .10 and was subsequently arrested with dwi. I blew a .11 at the station and was released with a temporary license and a citation. Is there any point in hiring a lawyer just to get a conviction which is almost guaranteed? Should I just plead guilty on my first appearance and maybe get some leniency (which is a pipedream since I'm guilty)? GD is about to rougher on you than any courtroom would be. |
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Quoted:
I was one of those guys who would have a few and drive thinking I was okay. Well I got pulled over and according to the law I wasn't. My fault no question about it. I consented to the roadside sobriety tests thinking I would be fine but as we all know that just builds them a stronger case for a conviction. I blew a .10 and was subsequently arrested with dwi. I blew a .11 at the station and was released with a temporary license and a citation. Is there any point in hiring a lawyer just to get a conviction which is almost guaranteed? Should I just plead guilty on my first appearance and maybe get some leniency (which is a pipedream since I'm guilty)? get a lawyer and you have a chance in court but nothing can save the hate that is about to be upon you in this thread. may FSM have mercy on your soul |
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Talk to a lawyer and see if there is a shot at pleading down to something lower. Having a DWI on your record these days is worse than darn near anything. It will be an expensive lesson, as it should be. Good luck. Agreed. As low as you were it shouldn't be too tough to do that, but each court seems to have thier own way of doing things. Posted Via AR15.Com Mobile |
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You need a damn good lawyer, and you will have a chance. I recommend this guy...http://www.kwikrnuarms.com/ |
| This will probably cost you about $7000 rough guess by the time you are through and if you use an attorney I agree that it may not be any less expensive likely more cause you pay him also. Where you can get screwed big time if if you have any prior convictions such as minor in possession etc that were alcohol related then they may enhance it and make it worse. Call and ask about the DUI classes and what type of counseling you may be ordered to attend and be proactive about that. If you sign up for or start the class or counseling prior to court then tell the judge that you wanted to be pro active regarding this problem he may take that favorably. The correct plea is NO CONTEST menaing that you are not contesting what the prosecution is saying however there may be mitigating circumstances for the court to consider then you get to explain something where if you plead guilty your done. Im not an attorney so if you want info on what one can do and how much it cost call around. |
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I'd at least consult with an attorney and see what your options are. Depending on your state law, you may be eligible for a "hardship permit" that will allow to continue driving after a short suspension, if you are found guilty. You may also be able to have your case "non-adjudicated" or receive "pre trial diversion" depending on your state law.
OTOH, when people lawyer up (in my area), the case seems to take forever. It gets continued several times, which means it's several months to a year before it goes to trial. In my state, it takes about 2-3 months for a defendant to get everything done (MASEP classes, victim impact panel, and fine paid), and the suspension for a first offense DUI is only 90 days (30 if you blew into the Intoxilyzer and have an attorney submit the request for the hardship permit). In other words, I think some people string things along with their attorney hoping it'll just go away. As a DUI officer, I will tell you that I'm more willing to help someone who was polite, cooperative, and owns up for their mistake, rather than someone who refuses everything, was an ass, and then lawyers up. Of course, YMMV, and things may be much different with the LEOs and prosecutor in your neck of the woods. |
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get a lawyer and you have a chance in court but nothing can save the hate that is about to be upon you in this thread. may FSM have mercy on your soul Quoted:
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I was one of those guys who would have a few and drive thinking I was okay. Well I got pulled over and according to the law I wasn't. My fault no question about it. I consented to the roadside sobriety tests thinking I would be fine but as we all know that just builds them a stronger case for a conviction. I blew a .10 and was subsequently arrested with dwi. I blew a .11 at the station and was released with a temporary license and a citation. Is there any point in hiring a lawyer just to get a conviction which is almost guaranteed? Should I just plead guilty on my first appearance and maybe get some leniency (which is a pipedream since I'm guilty)? get a lawyer and you have a chance in court but nothing can save the hate that is about to be upon you in this thread. may FSM have mercy on your soul Pretty much this. |
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While I don't have ANY sympathy for you, bottom line. NO ONE WAS KILLED. PLEASE let this be a lesson learned and never ever repeat it. And props to you for admitting your mistake.
Contact an attorney. Prices vary by region. Around my neck of the woods a good attorney for a DWI 1st will run between $5-10K. And as what someone else already mentioned.. A cab ride is cheaper, an ASS CHEWING from a family member, sleeping on the ground... |
| Honestly, the ones where people refuse the breath tests are the easiest ones to get a conviction on. Most good attorneys used to be able to get charges reduced down to reckless driving- type charges, but that has mostly gone away as cops have less discretion in their jobs. Go talk to a lawyer (preferably one with a good relationship with the police). That's the best you can do now. |
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Quoted:
I was one of those guys who would have a few and drive thinking I was okay. Well I got pulled over and according to the law I wasn't. My fault no question about it. I consented to the roadside sobriety tests thinking I would be fine but as we all know that just builds them a stronger case for a conviction. I blew a .10 and was subsequently arrested with dwi. I blew a .11 at the station and was released with a temporary license and a citation. Is there any point in hiring a lawyer just to get a conviction which is almost guaranteed? Should I just plead guilty on my first appearance and maybe get some leniency (which is a pipedream since I'm guilty)? So you were out drinking...decided to drive a car.....blew a .1 which is over the limit and now you are asking for advice to get lienency. Go get lost 13er...if I ever lose a family member due to someone like you, I may be in jail as well. I can read it now. "Hey guys, I killed some guys wife and 2 kids this weekend and he is pissed at me". What can I do to avoid his wrath and hope the judge takes it easy on me? I got an answer...don't fucking drink and drive. |
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NEVER SUBMIT TO FST. KNOW YOUR LAWS KNOW YOUR RIGHTS While I agree with you on the latter two points, I can't disagree more with you on the first. I've had several situations where a driver had been drinking, consented to SFSTs/portable breath test, and drove away as a result. If you refuse everything, the officer will go on his observations, and he is just as likely to win in my court system. Not to mention your DL will automatically be suspended for 90 days to 1 year, and you will not qualify for any reductions in suspension or hardship permit. |
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Your first mistake was consenting to the field sobriety tests. You definitely should have never blown. It is going to make it that much harder for a lawyer to get you off or reduce the infraction.
My brother just went through something similar. He refused the breathalyzer and passed the field sobriety tests. They are trying to get him to plead down to obstructing a roadway, but he doesn't even want that on his record. He's going to take it to trial and feels confident that he will win. In your case, though, you have given the state all the evidence they need to convict. I'm inclined to tell you to just save your money for the enormous fines and other expenses you will incur. Just plea no contest. |
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Get ready to shell out $8k and some grief and worry. In the end its cheaper to take a cab. My buddy got a hot shot lawyer and beat one on 'chance', even with an accident, so anything's possible, but lawyers worth their salt are probably going to want a retainer and that might run the OP $5k, so he should keep that in mind. There's always a chance that the machine is miscalibrated and somebody did something not kosher, but who knows? .10 and .11 are close enough to 'maybe' roll the dice, but just keep in mind the fact that lawyers can't guarantee you anything and you'll still be paying them. Chris |
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Quoted: While I agree with you on the latter two points, I can't disagree more with you on the first. I've had several situations where a driver had been drinking, consented to SFSTs/portable breath test, and drove away as a result. If you refuse everything, the officer will go on his observations, and he is just as likely to win in my court system. Not to mention your DL will automatically be suspended for 90 days to 1 year, and you will not qualify for any reductions in suspension or hardship permit. Quoted: Quoted: NEVER SUBMIT TO FST. KNOW YOUR LAWS KNOW YOUR RIGHTS While I agree with you on the latter two points, I can't disagree more with you on the first. I've had several situations where a driver had been drinking, consented to SFSTs/portable breath test, and drove away as a result. If you refuse everything, the officer will go on his observations, and he is just as likely to win in my court system. Not to mention your DL will automatically be suspended for 90 days to 1 year, and you will not qualify for any reductions in suspension or hardship permit. FST are not mandatory in GA. The only mandatory test is post-arrest blood breath or urine
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Quoted: FST are not mandatory in GA. Quoted: Quoted: Quoted: NEVER SUBMIT TO FST. KNOW YOUR LAWS KNOW YOUR RIGHTS While I agree with you on the latter two points, I can't disagree more with you on the first. I've had several situations where a driver had been drinking, consented to SFSTs/portable breath test, and drove away as a result. If you refuse everything, the officer will go on his observations, and he is just as likely to win in my court system. Not to mention your DL will automatically be suspended for 90 days to 1 year, and you will not qualify for any reductions in suspension or hardship permit. FST are not mandatory in GA. The only mandatory test is post-arrest blood breath or urine Kansas law if you refuse to do a FST you lose your DL for a year. (I believe it is a year, they change the DUI laws so damn fast anymore..) |
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What's the penalties in MN? Here, first offense is a pricey city ticket. Second offense is a misdemeanor and comes with 100 days in huber. Usually people who get a lawyer end up only doing 0-10 days in huber.
Talk to an attorney and see what he can do for you. They usually know before setting foot in court. FWIW, no hate from me. People make mistakes. I have friends that have dui's. If you get another you're a mongoloid moron. |
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GD is about to rougher on you than any courtroom would be. Quoted:
Quoted:
I was one of those guys who would have a few and drive thinking I was okay. Well I got pulled over and according to the law I wasn't. My fault no question about it. I consented to the roadside sobriety tests thinking I would be fine but as we all know that just builds them a stronger case for a conviction. I blew a .10 and was subsequently arrested with dwi. I blew a .11 at the station and was released with a temporary license and a citation. Is there any point in hiring a lawyer just to get a conviction which is almost guaranteed? Should I just plead guilty on my first appearance and maybe get some leniency (which is a pipedream since I'm guilty)? GD is about to rougher on you than any courtroom would be. meh victimless crime |
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Breathalyzers are calibrated at the state labs and certified, but good luck with that. Quoted:
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Get a lawyer that specializes in dwi and fight it. The machine might not have been calibrated properly and you are being wrongly charged. You never know. Breathalyzers are calibrated at the state labs and certified, but good luck with that. I started to point that out myself, but... 
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I get a kick out of the advice in these threads. Every jurisdiction is different, of course, but a lot of your chances have to do with how your prosecutor's office works.
FSEs + a .100 blow = easy conviction. Negotiate for a reckless (or careless--depends on the laws of your state, obviously). |
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FST are not mandatory in GA. The only mandatory test is post-arrest blood breath or urine Quoted:
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NEVER SUBMIT TO FST. KNOW YOUR LAWS KNOW YOUR RIGHTS While I agree with you on the latter two points, I can't disagree more with you on the first. I've had several situations where a driver had been drinking, consented to SFSTs/portable breath test, and drove away as a result. If you refuse everything, the officer will go on his observations, and he is just as likely to win in my court system. Not to mention your DL will automatically be suspended for 90 days to 1 year, and you will not qualify for any reductions in suspension or hardship permit. FST are not mandatory in GA. The only mandatory test is post-arrest blood breath or urine SFSTs aren't mandatory here, either. Doesn't mean it isn't sometimes in your best interest to submit to them. |
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At your first appearance in court, grab your crotch and tell the judge to go fuck himself. It's sure to get some leniency.
At least you didn't kill a decent, innocent human being THIS time. Someone's child might not be so lucky next time, and COC prevents me from saying what I'd do if it was MY daughter that gets killed or disfigured. |
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OP, I will refrain from my usual ranting....I really hope you learned your lesson.
Whatever happens, you can take solace that you didn't kill a family member of one of the members here. That would have turned out poorly for you. Dude if you have to drink, just go get it and stay home. It's not worth your life and even moreso it isn't worth someone's innocent family member. Having said all that, you definitely need a lawyer. I can't tell you what your best course of action is given your blows. |