Plea deal or Trial?
Guest
Thread Starter
Join Date: May 2015
Location: Kentucky
Posts: 75
Plea deal or Trial?
Hi, I am an alcoholic with 4 previous dui's. Thank god one of those fell off before I got the 4th(felony 😒
. Back in March I bought a car that I put in my bff's name for insurance purposes. Our mutual friend at the time and I took the car out one day. She's a great friend but she also drinks too much on occasion. I had been sober for 6 months until this day that we went to lunch & I let my wall down and had a beer. Well needless to say I ended up drinking too much. We got into a wreck and totaled my car on the way home. Her daughter was following behind us and took us from the scene to my house. In my drunk in stupper she left me at my house alone. The police shows up at my door about an hour later. They lock me up for a Dui. I go to court and plead not guilty. My friend will not answer my calls or text since that day. Today I went to court with my lawyer($2500) and they offered me a plea deal of 60 days in jail, 1 yr of Dui classes, and 30 months of interlock system on a vehicle. Seeing that I didn't even do what I'm being charged with... I don't want to take this. My lawyer says we can go to trial but if they still find me guilty that the punishment will b worse then the plea. Of course my lawyer knows the whole story about my friend. I do not know what to do! I know I'm guilty of Dui's in the past but this time I am not! I just look guilty! Should I accept the karma/punishment of being the driver for all that I have done in my life wrong, or fight this in court? Any advice or comments will be gratefully appreciated. I have not drank since the day of the crash.
. Back in March I bought a car that I put in my bff's name for insurance purposes. Our mutual friend at the time and I took the car out one day. She's a great friend but she also drinks too much on occasion. I had been sober for 6 months until this day that we went to lunch & I let my wall down and had a beer. Well needless to say I ended up drinking too much. We got into a wreck and totaled my car on the way home. Her daughter was following behind us and took us from the scene to my house. In my drunk in stupper she left me at my house alone. The police shows up at my door about an hour later. They lock me up for a Dui. I go to court and plead not guilty. My friend will not answer my calls or text since that day. Today I went to court with my lawyer($2500) and they offered me a plea deal of 60 days in jail, 1 yr of Dui classes, and 30 months of interlock system on a vehicle. Seeing that I didn't even do what I'm being charged with... I don't want to take this. My lawyer says we can go to trial but if they still find me guilty that the punishment will b worse then the plea. Of course my lawyer knows the whole story about my friend. I do not know what to do! I know I'm guilty of Dui's in the past but this time I am not! I just look guilty! Should I accept the karma/punishment of being the driver for all that I have done in my life wrong, or fight this in court? Any advice or comments will be gratefully appreciated. I have not drank since the day of the crash.
Member
Join Date: Jan 2014
Posts: 8,637
I'm not going to give you legal advice.... I'm not an attorney. I'd say follow your attorney's advice and do what you need to do.
But I will say this: You have FOUR previous DUIs and you were out of your head drunk again.
So your legal issues aside - you need to get help or you're going to wind up dead. 60 days in jail and 1 year of DUI classes might just be a good way to get yourself sober if you buckled down and gave it your all. A lot of jails have AA in them. Maybe you could petition the court for an inpatient program as part of your sentence.
Might be that the very best decision you could make would be to see this situation as an opportunity to save your life - and the lives of others.....
Good luck.
But I will say this: You have FOUR previous DUIs and you were out of your head drunk again.
So your legal issues aside - you need to get help or you're going to wind up dead. 60 days in jail and 1 year of DUI classes might just be a good way to get yourself sober if you buckled down and gave it your all. A lot of jails have AA in them. Maybe you could petition the court for an inpatient program as part of your sentence.
Might be that the very best decision you could make would be to see this situation as an opportunity to save your life - and the lives of others.....
Good luck.
Member
Join Date: Jun 2014
Location: East Coast USA
Posts: 5,700
I am not an attorney, but some points come to mind.
Why can't the driver and her daughter be subpoenaed to appear in court and testify under oath? Clearly this doesn't mean that they won't fabricate facts, but given the penalties for perjury they might realize that it's best to come clean.
Were there any injuries to you or the driver? Based on such as well as bruises it would not be hard to determine where each person was at the time of the crash.
Why can't the driver and her daughter be subpoenaed to appear in court and testify under oath? Clearly this doesn't mean that they won't fabricate facts, but given the penalties for perjury they might realize that it's best to come clean.
Were there any injuries to you or the driver? Based on such as well as bruises it would not be hard to determine where each person was at the time of the crash.
Member
Join Date: Mar 2014
Posts: 25,373
I'm just going to throw this out here...
This is a publicly viewable forum. You have up a picture, and your city and state, and you've described a legal situation that can/could affect your entire future as well as the futures of your friend(s). I would also ask your lawyer how good an idea this post is.
I sincerely hope you can get some help for your drinking.
This is a publicly viewable forum. You have up a picture, and your city and state, and you've described a legal situation that can/could affect your entire future as well as the futures of your friend(s). I would also ask your lawyer how good an idea this post is.
I sincerely hope you can get some help for your drinking.
Member
Join Date: Oct 2014
Location: San Diego
Posts: 94
If you weren't driving, and your friend was, why should you take the blame? Is your friend in trouble?
Find a way to prove you weren't driving is the best thing I could say.. (I.e. fingerprints on the steering wheel)
Find a way to prove you weren't driving is the best thing I could say.. (I.e. fingerprints on the steering wheel)
Member
Join Date: Oct 2013
Location: Midwest
Posts: 4,860
It is not appropriate for us to give legal advice here, either on the criminal matter or your effort to mislead on ownership of the vehicle for insurance purposes.
Good to hear you're not drinking. That matters a lot.
Good to hear you're not drinking. That matters a lot.
Guest
Thread Starter
Join Date: May 2015
Location: Kentucky
Posts: 75
Why would I accept this if I was not the driver? Thanks for the advice on editing my profile! I don't even know where my ex-friend moved to supina her. I graduate college next December and want to move away from this place for way more reasons then what mistakes I've made in the past. There are no opportunities here, nothing to do that does not involve alcohol. I have been taking Antabuse and it has helped trimindisly. It has taken away the thought of drinking because I know that if I did I would be severely sick.
Member
Join Date: Jan 2014
Posts: 8,637
Regarding your plea - ask your attorney to specifically take you through the law and any relevant case law on DUI when there are no witnesses and no direct means to connect you as the driver.
I had a very similar situation some years ago. Driving drunk, I hit several parked cars, drove recklessly and somehow made it home to park my vehicle in the driveway.
An hour or so later, the police turned up at my home. They'd 'found' me by tracing the license plate number... which they'd gotten from the license plate.... which was still attached to the front bumper.... which was in the road where I'd hit the parked cars.
I was given a breathalyser and blew well over the limit in my driveway. I was charged with hit and run and DUI.
My attorney managed to get both charges dropped because they could not prove beyond a reasonable doubt that I'd been drunk, drinking or over the limit at the time of the accident, nor could they prove that I was the person driving the vehicle.
So - my personal experience suggests that there must be some clear legal parameters or case law that would assist your attorney in arguing against your guilt.
Ask him questions, challenge him to explain to you specifically what laws and case examples support any ability for them to carry a charge and convict you based on this evidence.... then weigh your decision accordingly.
All that said - what I said earlier remains my honest perspective. You're focusing on this DUI charge - understandably. But you don't seem to be giving much weight to the bigger issue that got you there in the first place; your on-doing alcoholism.
I had a very similar situation some years ago. Driving drunk, I hit several parked cars, drove recklessly and somehow made it home to park my vehicle in the driveway.
An hour or so later, the police turned up at my home. They'd 'found' me by tracing the license plate number... which they'd gotten from the license plate.... which was still attached to the front bumper.... which was in the road where I'd hit the parked cars.
I was given a breathalyser and blew well over the limit in my driveway. I was charged with hit and run and DUI.
My attorney managed to get both charges dropped because they could not prove beyond a reasonable doubt that I'd been drunk, drinking or over the limit at the time of the accident, nor could they prove that I was the person driving the vehicle.
So - my personal experience suggests that there must be some clear legal parameters or case law that would assist your attorney in arguing against your guilt.
Ask him questions, challenge him to explain to you specifically what laws and case examples support any ability for them to carry a charge and convict you based on this evidence.... then weigh your decision accordingly.
All that said - what I said earlier remains my honest perspective. You're focusing on this DUI charge - understandably. But you don't seem to be giving much weight to the bigger issue that got you there in the first place; your on-doing alcoholism.
bona fido dog-lover
Join Date: Mar 2008
Location: SF Bay area, CA
Posts: 99,755
You didn't say who was driving. Was it you or your "friend"? If it was your "friend", they're not much of a friend for letting you take the fall. If it wasn't you, I'd tell your lawyer where to find your friend and include them in your court case.
When are you going to get sober for good??
When are you going to get sober for good??
Member
Join Date: Jun 2009
Posts: 545
It really depends on how far you are willing to take it. You say you can't contact this person. You have a cell number. Easy to track down. Even if they change it. You know the name. Your other friend you put the insurance on knows this person. She can be found. Were you at a bar? Anywhere other people saw her drinking in excess?
Unless you can find something substantial if I were on the jury and knowing your history and the police finding you in a stupor I would find you guilty. And I have had two DUI's myself. And even if it wasn't you it could have been you? I'd plea out, get sober and move on.
Just as an aside how did they find you if the car was registered and insured by someone else?
Unless you can find something substantial if I were on the jury and knowing your history and the police finding you in a stupor I would find you guilty. And I have had two DUI's myself. And even if it wasn't you it could have been you? I'd plea out, get sober and move on.
Just as an aside how did they find you if the car was registered and insured by someone else?
Member
Join Date: Jan 2014
Posts: 8,637
one other suggestion for your attorney;
have him issue a subpoena to depose your friend. your friend may not answer your txts or calls - but as an accessory to a hit and run, they can be compelled to testify and possibly be put on trial themselves.
if your attorney can depose your friend, then you'll know where your friend stands on their version of events and what's likely to be said in court. Do the same thing with the sister who was following you. Presumably she witnessed the event - or at minimum is witness to who was driving.
oh... and did I mention - GET HELP FOR YOUR ALCOHOLISM AND OWN UP TO YOUR ROLE IN THiS SITUATION TO TAKE ACTION AND GET SOBER BEFORE IT KILLS YOU OR SOMEONE ELSE?
Just wanted to point that out.... because it's probably the most important piece of this whole thing....
have him issue a subpoena to depose your friend. your friend may not answer your txts or calls - but as an accessory to a hit and run, they can be compelled to testify and possibly be put on trial themselves.
if your attorney can depose your friend, then you'll know where your friend stands on their version of events and what's likely to be said in court. Do the same thing with the sister who was following you. Presumably she witnessed the event - or at minimum is witness to who was driving.
oh... and did I mention - GET HELP FOR YOUR ALCOHOLISM AND OWN UP TO YOUR ROLE IN THiS SITUATION TO TAKE ACTION AND GET SOBER BEFORE IT KILLS YOU OR SOMEONE ELSE?
Just wanted to point that out.... because it's probably the most important piece of this whole thing....
Member
Join Date: Jan 2007
Location: baltimore, maryland
Posts: 463
I agree with FreeOwls first post. They cannot prove you were drunk when the accident occurred. They can only prove that you were drunk after the accident at your home. How about this...you got home after the accident and then got drunk to settle your nerves!! That is all they can prove, whether it was your friend driving or you driving it doesn't matter at this point from a DUI standpoint.
Guest
Thread Starter
Join Date: May 2015
Location: Kentucky
Posts: 75
I'm not angry at any of these comments, I would just like to say that it's unfair for anyone, let alone s fellow alcoholic to judge me for my decision for allowing my friend to help me out by putting insurance in her name. She's full aware of what her decision entitled. Shame on you :/ As for getting help for my alcoholism... I realized I had a problem bk in 2011 & sought help. Put myself into rehab for 28 days, moved into a recovery home for 9 months. Went to many many AA meetings in the time period. Why did I stop? Well as a gay man, I could not open up or share freely in the meetings. I have had old timers come up to me after mtgs to say that I should watch what I share in mtgs, many uneducated people to stare/make remarks and laugh. How am I expected to feel comfortable enough to ask for help or tell my story in such a backwards state? There are no lgbt mtgs available for me within 150 miles. Now if anyone would like to post there opinions just put yourself in my shoes! This is not a 'poor pitiful me' attempt, it's just the facts.
Member
Join Date: Dec 2015
Location: Nova Scotia
Posts: 801
I am not a lawyer and it's always best to seek their advice, that being said two questions come to mind, the crown would have given your lawyer a disclosure statement of the facts, in that disclosure did it state they had a witness you were driving? Did you tell the police you were driving? If it was an hour later and you were home I don't know how they could charge you with DUI as you could have started drinking at home, to me that is reasonable doubt.
Member
Join Date: Feb 2013
Location: W Washington
Posts: 11,589
you allowed a DRUNK person to drive YOUR car. regardless of whether you were driving or not, you presented a threat to self and others by that decision. for the FIFTH time. you also left the scene of an accident.
30 months with an interlock device would at least keep the other drives safe for the next 2.5 years..............
30 months with an interlock device would at least keep the other drives safe for the next 2.5 years..............
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