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Going to DUI Court in about a week...(questions)

Old 08-16-2006, 04:01 PM
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Red face Going to DUI Court in about a week...(questions)

I recently recieved my 2ND DUI...I KNOW...I am an idiot.

I'm determined to stay sober. I recently had an intervension with family/friends...it hit pretty hard as well an additional jail setence ( both hit me hard )

I'm only 23 years old and at this point in my life, it's time to bite the bullet and have a victorious recovery...

I was just wondering if anyone in here has been exposed to the DUI court program...and what I am going to expect.

Thanks guys!
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Old 08-16-2006, 04:08 PM
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Well, it depends.. were you on probation from one when yuo got the other one? Have you ever taken a diversion program?

If yes to both, you're prob looking at jail time. Depending on how sincere you seem to the judge. If your going to AA, bring your sponser with you. good luck
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Old 08-16-2006, 04:47 PM
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I'm 23 also and its had when we have face things like this but good on your for being brave and facing it and asking for help and support. Unfortunately I can't tell you what to expect or how it'll turn out but I hope everything goes ok and you make it through this next hurdle of life...

All my support... Dreamz
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Old 08-16-2006, 06:14 PM
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Originally Posted by someday
Well, it depends.. were you on probation from one when yuo got the other one? Have you ever taken a diversion program?

If yes to both, you're prob looking at jail time. Depending on how sincere you seem to the judge. If your going to AA, bring your sponser with you. good luck

No I was off of probation...

and Yes I did the diversion program the first time around...

I've already served my jail time, I just have to follow my probation and classes...I feel like a criminal
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Old 08-16-2006, 06:15 PM
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Originally Posted by Dreamz
I'm 23 also and its had when we have face things like this but good on your for being brave and facing it and asking for help and support. Unfortunately I can't tell you what to expect or how it'll turn out but I hope everything goes ok and you make it through this next hurdle of life...

All my support... Dreamz
You're sweet....I appreciate the good words especially from a stranger...

I KNOW i'll get through this
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Old 08-16-2006, 06:33 PM
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I am 19 and have had 9 prior's to date, 1 big felonie. All drug/ Alcohol related crimes. I have never served jail time yet, went to youth home few time when younger and rehab last November. I would get a laywer, me having a great laywer is the only reason I am not in jail till im 21. The reason i say that is because with a good laywer they will cut a deal with the prosecuter and get you the least amount of punishment. If you want to change like I do, I look past all the trouble im in and look at how good I feel 2day and it makes it easier to deal with all of the stuff i have to deal with for probation and what not. Good luck let us know how it works, and keep coming back.

Ryan
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Old 08-16-2006, 10:34 PM
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My court date is in about 19 days... -shudder-

I try hard to keep my serenity... Stay focused on work, do what I can ahead of time (community service, DUI class, etc), keep a log of my AA meetings... Pray about it... That type of thing.

I don't know what is going to happen. But whatever does, I know it'll pass eventually and that God will sustain me throughout it. HE is trying to teach me something here with this whole thing -- He certainly got my attention -- and I'm trying to learn as best I can.

No matter what happens, remember to thank Him, and don't be afraid to ask for His help.
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Old 08-17-2006, 07:42 AM
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I went through the same thing and they gave me two choices as a plea bargain, the first was 2 yrs probations, 5 days in jail, put breathalizer device in my car, take a long repeat offender's class, go to probation officer once a month and get drug tested, have a drug and alcohol evaluation and they make you pay for all of these things which comes out to costing a lot of money or spend 2 weeks in jail and 1 year license suspension which for me turned into 2 year suspension because I refused the breathalizer and I am in Texas and they call it DWI here and I dont know where you live but some states are harder on you than others, I also had a lawyer, if I didnt it could have been a lot worse, so you should try to get a good lawyer if you can afford it. so I chose the second because I couldnt afford all the money and other stuff cause of all the time I would have to spend plus if I screwed up on the probation, they could give me up to 6 months in jail and didnt want to risk that either. Good luck to you , I hope you get the lightest possible outcome possible. Anne
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Old 08-17-2006, 07:59 AM
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Vet, I am in Canada, not US, but the principles of sentencing are the same... deter, rehabillitate, separate dangerous offenders, denounce

To you that means... the court will want to deter you and others from this type of conduct b/c of the danger to society (think some form of jail/probation sentence), if you demonstrate a willingness to recover (think SR, AA, counselling) the court will consider that as a mitigating factor in your favour. The court will want to denounce your conduct (think penalty (jail/probation/fine) ... unless you harmed someone in an mva, then the separation from society factor (jail) is an issue...

However, as you are now on strike two, the court will not be happy with you. How long since your last one? More than five years and it will be given far less weight. Less than five years it is indicative of a problem ... you must demonstrate you are now dealing with it. Be honest with the court about what you are doing... AA is good... bring your sponsor and your notes, bring others from AA that can demonstrate you have their support ... judges know AA does work for those that really want it.

You need to do everything in your power to accept responsibility (early plea and sentencing, treatment, admission of your alcoholism, etc.) to demonstrate to the court that you are taking this seriously. If you have a lawyer they will do this for you, if you do not, you need to do this. Write out some notes, demonstrate to the court that you are taking this seriously, write a letter of sincere apology. Get support letters from counsellors, AA mentor, etc., and attach a copy of your AA journal so the court can see you are serious about AA and actually involved and participating. Get a commitment from family and AA people (sponsor) to attend with you and support you, let the court know they are there.

As a lawyer I do this all the time, it really does make a difference in how the judge perceives you... these judges deal with this all the time... they are sickened by the lack of responsibility and remorse they see... show them you are different and want a change.

Flipside, be prepared for the worst, bring your toothbrush, etc. Not sure of the sentences there, but if you go to jail, be prepared for it, don't let your anger at sentencing undermine your recovery, seek resources in jail if you end up there to assist you in building your recovery foundation.

Hope this helps. IF you want more insight PM me directly.

Peace, Levi
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Old 08-17-2006, 08:02 AM
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yea, Levi, you are right and when it happened with me I had gotten the 2nd within like maybe a year and a half, so the judge was not happy with me at all and when I was in jail i went to an AA meeting and they also some days had church services.
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Old 08-17-2006, 08:54 AM
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Hmm what I always find strange is that AA seems to be the only program the court accepts in the US...

Marte
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Old 08-17-2006, 09:03 AM
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Well, I was a bigger idiot and got a 3rd DUI this last April. Not fun. Every state is different. I'm in Minnesota where the DUI laws are very strict and aggressive. My second I got 48 hours jail, fine, mandatory classes and probation. The probation was just on paper -- I didn't have to do any reporting.
My sentence for my 3rd is much harsher. Besides jail, long-term outpatient treatment and large fines, I lost my car to the City -- completely. Was fortunate enough to have the "opportunity" to buy it back for $5,600. I've lost my license for a year (no work permit allowed). Mandatory AA, etc...... The "ticket" has cost me approximately $15,000 including attorney fees.

I hope this is your bottom and you don't have to learn an even harder lesson like I did. I would hate to go through this all again, but it was just what I needed to finally get sober for more than 2 weeks here and there.
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Old 08-18-2006, 02:26 PM
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Hmm what I always find strange is that AA seems to be the only program the court accepts in the US...
It is very simply really Marte. Other programs are not readily available. If the court system says that you have to attend Smart or RR meetings, they need to be available to attend. There are very few AA meetings in my town. AA is established all over the world in larger communities. The other programs have not established that availability yet. From what I understand that they are mostly online programs. How can the courts monitor online activity?
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Old 08-18-2006, 03:21 PM
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Originally Posted by 2dayzmuse
It is very simply really Marte. Other programs are not readily available. If the court system says that you have to attend Smart or RR meetings, they need to be available to attend. There are very few AA meetings in my town. AA is established all over the world in larger communities. The other programs have not established that availability yet. From what I understand that they are mostly online programs. How can the courts monitor online activity?
Well there are online meetings at SMART with verifications for court. And those happen to be accesible worldwide even, wow.

Marte
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Old 08-18-2006, 03:25 PM
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Speaking for myself, I would never be able to get sober with online meetings alone. Out of curiosity, how do they verify it for court?
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Old 08-18-2006, 04:13 PM
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Originally Posted by 2dayzmuse
Speaking for myself, I would never be able to get sober with online meetings alone. Out of curiosity, how do they verify it for court?
I have a friend who is going to non-AA F2F meetings, the court won't reconize them. Its a big mess. I got sober with online meetings and working the tools in SMART. Maybe we should start another thread on this topic so VetTech can get the answers needed about court?

VetTech, from what I have read and seen Lev has very good advice.
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Old 08-18-2006, 04:15 PM
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I am a lawyer in Canada, so keep that in mind b/c you are dealing with this in the US it may be different. However, from friends who practice in the US I know that the principles guiding sentencing are the same. So the strategies for dealing with them are also the same.

If you want more insight on how I approach these types of situations in my practice, feel free to PM me directly.

Levi
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Old 08-18-2006, 04:17 PM
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It has been brought to my attention that SMART will verify online meetings. Whether or not the courts will accept it is a whole other issue.
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Old 08-18-2006, 04:22 PM
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My experience with Judges in Canada is that they don't care if it is AA, counselling, family interventions, or whatever, so long as you are able to demonstrate that you ARE doing something about your situation. They are very open to any forms of treatment if you are involved with them... explain to the court what it is, how you participate and what you find helpful... the judge will credit it you for it IMO.

Peace, Levi
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Old 08-18-2006, 04:24 PM
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OUT OF CURIOUSITY... in Canada there is no "DUI COURT" rather it is just part of criminal court day... do they actually have DUI COURT in the US? I'd be interested in learning if it is treated differently there. Perhaps a new approach that may spill over into Canada.

Thanks Levi
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