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Questions about DUI

Old 12-08-2015, 11:01 AM
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Questions about DUI

I don't know where else to ask this. I'll take opinions as well as facts. I'm not always the most practically minded person and am also ignorant about court matters.

My bondsman advised I don't talk to the police department before I have to, for various reasons.

I tend to have memory black outs easily from drinking, even if not drunk. I've read that there are reasons for black outs besides being highly intoxicated. And I WAS drunk when I got my DUI so I remember very little.

I know I had a crash, only by finding out when I picked up my towed car.* I quickly assumed I hit another car but come to think of it, the judge would have charged me with more than just a DUI, wouldn't he? Even if it was a parked car and no one was injured, I would have another charge for damaging property. I THINK, but it still eats at me not to KNOW.

I also didn't get any calls from my insurance company, who I'm not going to report the minor crash to. I'll buy a new window myself and let the dents remain. I'm sure the other person would have made a claim by now.

Also--I could just call about this one-- but are they required to assign me a public defender if I want one? Is that federal law?

There are things I really want to be able to tell the judge that I don't want on public record forever. That's why I'm going to plead guilty.
I don't need a prosecution ripping me apart and talking about past PIs and all the empty bottles in my car when I had the crash, etc. since the transcripts will be out there for anyone to find. There are family members I know right now would get those transcripts if they can't make it to my trial. I think transcripts are for anyone to find,anyway. ?

I'm trying to find out what I can online but it looks like most websites are made by lawyers trying to frighten people as much as possible so they'll get a lawyer.

I've had what feels like a literal knot in my stomache for five days now, since I effed up.



Thanks for any replies
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Old 12-08-2015, 11:05 AM
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You don't have a lawyer ?
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Old 12-08-2015, 11:11 AM
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You really need to speak with someone who can give you legal advice on this RedLady. You may want to try and find a local attorney first, usually the initial consultation is free. I'd hesitate to answer any questions or make any pleas without speaking to an attorney first. If you can't afford one you can most likely even speak with a public defender.
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Old 12-08-2015, 11:19 AM
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Do you have a copy of the officers incident report? You may get one at the police station. That will have all the who's and what's. From there, yes an attorney is solid advice. Call the public defenders office and ask them how that works - I really don't know but they will be glad to tell you certainly.

I will say this - when you go to court it's a lot less drilling than you'd anticipate. 95% of it will be wait time. You won't be alone, trust me - there'll be many others.

All this aside> Are you ready to make the changes in your life necessary? Next time none of us may be so lucky as to simply have a dent and broken window, ya know!?!
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Old 12-08-2015, 11:22 AM
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If you got booked to jail and they have the actual breathalyzer numbers of your blood alcohol levels, then there's no point in hiring a lawyer, just go with a public defender and simply plead guilty.

The judge will most likely slap you with a fine, depending on what you say your assets are worth on a form you fill out at court, just try to come off as poor.

The rest is just going to the alcohol/dui school for 3 months (more months for 2nd, 3rd offenses) , and some other meetings you'll be required to attend. Primarily, they try to hit your wallet so that you learn your lesson. Missing a class meeting in the school will cost you 20-25 dollars per session missed, and you still have to make up those days. The class is broken into 2 parts, one is a group meeting, and the other is more educational, the cons of alcohol.

Again, say if you blew a 0.11 in the breathalyzer, there is no point in hiring a lawyer, the numbers are on file. Save your money and just plead guilty.

Under no circumstance should you drive while your license is suspended, do not drive to court, they will test you and see if you drive, and they will tow your car/arrest you again for driving while not having a license. This happens to a lot of people

You will be required to obtain SR-22 insurance for 3 years (might vary in different states) once your 1 year driving privilege suspension is over. (Can't drive for a year, once that's done, you need to have SR-22 insurance for 3 consecutive years to keep your license, otherwise it will be suspended again) Sr-22 isn't that expensive.

Also, a lot of people continue to make mistakes and drive with alcohol in their system even after a DUI, be very very very careful with this. Your alcoholism can majorly **** you over again big time, just because it's a bad habit and people make bad choices when drinking. So if you decide to drink any amount of booze, even 2 years from now, keep your guard up and do not drive.

You will be on probation for 5 years, which means you cannot drive a vehicle with ANY alcohol in your system.

(Probation years and suspension years might vary from state to state).

Don't stress too much, it'll be done with before you know it. You can also sign up for a workers drivers license, which gives you the ability to drive to and from work while your driving privilege is suspended.

And remember, every year people are killed by drunk drivers, be very very grateful the only thing damaged are a couple of cars, otherwise you could have been sent to prison..etc
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Old 12-08-2015, 11:27 AM
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RSL, you're asking us to provide legal advise about everything from the availability of public defenders (no, this isn't federal unless it's a federal case) to what you should expect for a penalty.

It's highly inappropriate to tell you what to expect. Laws vary from state to state and within jurisdictions. Judges, too, have some say as do prosecutors.

You need to make the appropriate phone calls and get an attorney and contact your insurer.
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Old 12-08-2015, 11:29 AM
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Your insurer is going to get a report of the accident/ticketing anyway. That ship has sailed.
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Old 12-08-2015, 12:04 PM
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I think you really need some specific legal advice RedLady!!

But aside from all that, committing to Sobriety, drawing a line under all of this and moving on from alcohol being in your life, that also needs to also be your focus!!

You can do this!! You don't ever have to come back to this place in your life ever again!!
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Old 12-08-2015, 12:08 PM
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Originally Posted by OfEpiphany View Post
If you got booked to jail and they have the actual breathalyzer numbers of your blood alcohol levels, then there's no point in hiring a lawyer, just go with a public defender and simply plead guilty.

The judge will most likely slap you with a fine, depending on what you say your assets are worth on a form you fill out at court, just try to come off as poor.

The rest is just going to the alcohol/dui school for 3 months (more months for 2nd, 3rd offenses) , and some other meetings you'll be required to attend. Primarily, they try to hit your wallet so that you learn your lesson. Missing a class meeting in the school will cost you 20-25 dollars per session missed, and you still have to make up those days. The class is broken into 2 parts, one is a group meeting, and the other is more educational, the cons of alcohol.

Again, say if you blew a 0.11 in the breathalyzer, there is no point in hiring a lawyer, the numbers are on file. Save your money and just plead guilty.

Under no circumstance should you drive while your license is suspended, do not drive to court, they will test you and see if you drive, and they will tow your car/arrest you again for driving while not having a license. This happens to a lot of people

You will be required to obtain SR-22 insurance for 3 years (might vary in different states) once your 1 year driving privilege suspension is over. (Can't drive for a year, once that's done, you need to have SR-22 insurance for 3 consecutive years to keep your license, otherwise it will be suspended again) Sr-22 isn't that expensive.

Also, a lot of people continue to make mistakes and drive with alcohol in their system even after a DUI, be very very very careful with this. Your alcoholism can majorly **** you over again big time, just because it's a bad habit and people make bad choices when drinking. So if you decide to drink any amount of booze, even 2 years from now, keep your guard up and do not drive.

You will be on probation for 5 years, which means you cannot drive a vehicle with ANY alcohol in your system.

(Probation years and suspension years might vary from state to state).

Don't stress too much, it'll be done with before you know it. You can also sign up for a workers drivers license, which gives you the ability to drive to and from work while your driving privilege is suspended.

And remember, every year people are killed by drunk drivers, be very very grateful the only thing damaged are a couple of cars, otherwise you could have been sent to prison..etc

This is so highly dependent on the state you live in. Where I live, your first offensive, even if you blew the minimum with no accident or moving violation (or blew 0% but the officer feels you are otherwise under the influence) and are convicted, will get you 3-10 days in jail and 3-12 months suspension of license for a first offense.

As for blowing over the legal limit and not hiring an attorney because it's not worth it, I know two people that blew over the legal limit and got the ticket dismissed. One spent 8K on the lawyer, and the other guy that was charged with extreme DUI spent north of 15K.
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Old 12-08-2015, 12:16 PM
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As almost everyone has said, you need to get a lawyer to get information about your case in your city/state. None of us here can give you legal information that is specific to your case. Please call a lawyer and you will have all your questions answered.
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Old 12-08-2015, 12:17 PM
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Originally Posted by dcg View Post

This is so highly dependent on the state you live in. Where I live, your first offensive, even if you blew the minimum with no accident or moving violation (or blew 0% but the officer feels you are otherwise under the influence) and are convicted, will get you 3-10 days in jail and 3-12 months suspension of license for a first offense.

As for blowing over the legal limit and not hiring an attorney because it's not worth it, I know two people that blew over the legal limit and got the ticket dismissed. One spent 8K on the lawyer, and the other guy that was charged with extreme DUI spent north of 15K.
I agree here with seeking legal guidance. Each state handles this differently and from experience, it's no fun.

Best of luck to you.
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Old 12-08-2015, 12:22 PM
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Thankyou, everyone. Ok, maybe I shouldn't have asked that here and this post will be deleted. I'm going to do some research and consult with a bunch of attorneys for the first free hour.
Thanks again. I gotta go back to work. And YES, I'm doing all I can to stay away from alcohol.
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Old 12-08-2015, 07:40 PM
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I'm glad you've come to that conclusion.

I think it's really important you get good professional legal advice on this, and as brilliant as we are, this forum is not the place to find that advice

D
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