Nikkle

I went in, with a well thought out prepared letter to be given to the Judge and prosecutor. I just wanted to plead guilty, go to jail for the 2 days immediately, start my one year license suspension, etc. The Judge asked if I wanted an attorney, I said "No thank you, Your Honor" So he said "Would you at least like to know what you are being charged "? Then he gave me the paper listing my charges, DUI and reckless driving. I said "Ok, I definitely can't afford an attorney and I don't see the point of wasting the public's money, so I would just like to get this over with please" He smiled, laughed and said he appreciated that, but strongly advised me to remain silent and get a court appointed attorney. I told him I would do whatever he wanted me to do and so he directed the clerk to give me the application for an attorney, then rescheduled me to appear February 7th. I filled out the papers and was approved, tomorrow I will call to find out who was assigned to me, then go to the county jail for a mug and print. The good news is, I still get to drive until January 1st. Still, I don't understand why I need an attorney. Does the Judge automatically hand down a harsher punishment to those without one? Sigh...

Nikkle

Thank you, Your Honor, for reading this.

I am guilty and deserve to be punished. Under no circumstance should anyone drink, then get behind the wheel. I realize the harshness is intended to ensure it never happens again. Every morning when I wake and several times throughout the day, the stark reality of what I have done fills me with grief and remorse.

First, I would like to tell you what I was even doing out that day. I received a phone call informing me that my step-father has lung and brain cancer with only a month left to live. Even though he had sexually and mentally abused me since I was 7 years old, I found myself crying because he was the only dad I had ever known. I tried calling several friends, but got their voice mails. Regretfully, I decided to drink to calm my feelings. I should have predicted it would cause the opposite effect. Having never spoke to him of his abuse, I felt a sudden urgency to see him, hear him say he was sorry and forgive him before he died. He lives in Grants Pass, but I have not seen him since I held his hand at my mother's funeral 11 years ago. I called twice in years past, but lost my nerve and ended up just making polite small talk. After all the kids came home from school, I left, (alone) to see him for closure. Half way there is when the accident and arrest occurred. I am deeply grateful no one else was involved, but do feel badly for the two trees and the inconvenience I caused their owner.

Next, I am hoping when deciding my sentence, you might take into consideration a few things. I am the stay-at-home mom of 4 kids; ages 3, 10, 12 and 15. I haven't gone back to work yet because daycare would cost almost more than I could make. If at minimum, I were required to spend 48 hours in jail or 80 hours of community service, I respectfully request the jail time. If at all possible, on a weekend that my 3 older kids do not have their Young Marine's drill day, as I have no one to care for my 3 year old daughter otherwise. Her father, my fiancée, works hard 7 days a week, yet we still qualify for $600 a month in food stamps. As for my suspension, we will all definitely feel it's impact. We live in Merlin, 10 miles from Grants Pass, 6 miles from Ray's market and 3 miles from the nearest little store. The roadsides along the way are much to dangerous for my little girl, so we will essentially be under circumstantial house arrest for the bulk of my driver's license loss.

Last, but certainly not least, I want to be a happy healthy mom, wife, friend and member of society. My first step was acknowledging my problem and finding help. I chose ADAPT because they say they specialize in women who have been abused and have a drinking problem. I have not had a drink since my arrest. It is my wish, to never drink again. I am also attending Celebrate Recovery on Tuesday and Thursday nights. I have found great hope, encouragement and support with them. I will continue going there long after all of this is behind me, because healthy living requires maintenance.

In conclusion, I know I have brought all of this upon myself and I sincerely apologize to everyone for my selfish behavior. I will not waste this experience feeling sorry for myself. All I can do is move forward and some day be there for others, hopefully before they find themselves dealing with the aftermath of poor choices.

Thank you for your time, Your Honor,

Respectfully,

Dee74

I'm not familiar with American law but everyone here in Australia gets provided with an advocate if they don't have one...the State has an attorney, you need one too...it simply protects your interest Nikkle. Show your attorney the things you wanted to have known.

D

Isaiah

I have never heard of a 1st time DUI offense leading to anything more than a few days in jail. At least not in like 3 years of going to AA. Every judge is different but I think usually they tailor sentences around personal/family needs, they want people to be compliant in probation. The public defender might even speak directly to the judge/prosecutor pre-trial. When I went to court all I did was listen to the result of my lawyer's plea.

An attorney is good. My first lawyer was kind of a dunce. For my second I hired a lawyer who charged half the price and somehow managed to get my second DUI reduced to a second "first DUI." I don't know how that is mathematically possible, but ah well... gift horse.

suki44883

Yeah, I don't know how they do it in Oregon, but here in Texas, you have to have an attorney. As awful as all this is to us, it is a common, every-day issue for the attorneys and Judges. They pretty much have a standard way of handling these types of cases. The term "cookie cutter" comes to mind.

Some attorneys are better than others, and depending on the exact circumstances of your case, there can be a little leeway, but not much. I was lucky enough not to have to have the breathalyzer installed in my car, but it's pretty routine now. You can get a permit that allows you to drive during certain hours, thus enabling you to drive to and from work and to the grocery store, etc. That costs a little extra though, but it sure makes life a lot easier.

Nikkle

Back in 2003, I did not understand all the DUI laws. I knew not to drink and drive, but I did not know you could be arrested for sitting in your vehicle, in a private driveway, with no intention of leaving. I bought the alcohol, but waited to drink it until I was parked in the driveway. I turned the van onto accessory so I could listen to the stereo, about half an hour later, the Sheriff drove up because a neighbor made a noise complaint. I blew a .04, but because I wasn't cooperative, I received 3 other charges. I could have fought the DUI, but they made me a deal, plead no contest, go to diversion and we'll drop the other charges that are guaranteed jail time. I had no other choice, but I felt very resentful of the whole thing. I did not recognize my developing drinking problem at the time and the court ordered evaluation said I was not a problem drinker, so they cut my treatment time in half. Ironically, after all my restrictions were lifted, I began drinking every day, whereas before, only on occasion. Guess it was my darn rebellious spirit and the disease sneaking up on me. Anyways, you have to have 15 years between arrests to qualify for diversion, so I will receive a 1st conviction.

ISPYSOBRIETY

It's in your best interest, I'm sure. If only there were some sort of lie detector to show we are remorseful and totally abstain from, and plan to never drink, or associate with alcohol again, but there isn't.

I don't think everyone relapses into drinking. Personally, I am done with it. The worst events in peoples lives and relationships are caused by alcohol, or for others drugs.

Let's hope it all works out for the best. All we have control of is never letting it happen again.

Be calm and know that one thing nobody can take from you is your promise to yourself to never walk that path again.

Nikkle

License:one year
IID: one year, after suspension is over
SR22 insurance:3 years
Court fine: 1K if under .15, 2K if over .15 (mine was .153)
80 hours community service or 48 hours in jail
Attend victim panel
90 days treatment (increasing to 6 months in January)

suki44883

Mine was a first conviction (the ONLY one, thank God) and I got 6 months probation (at $50 per visit), 24 hours of community service, attorney's fees, court costs, 6 weeks of DWI classes I had to attend ($10 per class), one impact-panel meeting, and suspension of my driver's license for 90 days, but I got the work permit so I could drive to and from, etc. All told, I was out around $6,000. I could have probably served some time in jail, but I was trying my best not to let my employer find out about it. It worked, they never knew, except for my immediate supervisor.

Anna

I understand you wanting to get this over with, but having a lawyer on your side is a good idea.

Isaiah

My second DUI was a mess. I got the standard sentence, nothing unusual there, but the court system I was dealing with was so incredibly incompetent it was almost comical.

I was supposed to serve 15 days in jail, but a judge dropped that after the police picked me up at my job for a bench warrant that was served only because some clerk lost my paperwork. Still spent two days in jail though before they cleared their mistake.

I was given one year of probation and part of that was to enroll in a mental health program that lasted a year and a half. When my year of probation was up they threatened to violate me for not having finished my therapy...????

And the day before my court date to have the judge officially declare me off probation I called the court to ask what time my case was and they told me. The next morning I went in at that time, only to find out they'd rescheduled my court date two weeks ahead. I was trying so hard to be civil and express my disapproval, and my P.O. just told me "don't worry, you'll get something in the mail."

There was a bunch of other @#$% too. I mean as soon as I got arrested I was already ready to take whatever I had coming to me, but only as a sentence, not a bureaucratic circus. Ah well, never again.

Nikkle

What more could a court appointed attorney say, that I did not already, in my letter? The Judge hands down punishments for the same crime all the time. I realize there are varying circumstances, but he must have some cookie cutter formulas he goes by also. Do they punish someone more severely just to discourage people from forgoing the additional time and expense? Is it just a bureaucratic financial thing? Guess I am just too simplistic and naive in thinking a Judge should have the wisdom and experience to give me a fair and appropriate sentence without costing taxpayers more money. I'm just sincerely curious.

suki44883

Two words: Money Pit. It's all a huge money pit. Yes, they want you to have to spend ungodly sums of money to get out of this mess. Yes, they want to make it as hard on you as possible to impress upon you that if you do it again, the money pit will be bigger and the stakes much higher.

When it all first happened to me, I was scared, embarrassed, and ashamed. When the court dates were all over and I was having to deal with the visits to the probation office, DWI classes, etc., I started getting angry. I even talked to my attorney about it and he agreed that it's a huge money pit and provides a great deal of revenue for the County.

Nikkle

Okay, I've indulged in my protest long enough now....moving forward!

Saliena

My first and only DUI ended up costing me close to 8,000 dollars.. yes it is a money pit. But, the way I look at it... it was the one thing that made me start looking at my drinking... took me a year later to get serious about quitting... but, I would happily give another 8,000 dollars.. because, I had done it hundreds of times before... and I was so very lucky to not get caught... not kill someone, not kill myself.. seriously... it could have been much worse then the money.. 2 days in jail.. and 80 hours of picking up trash.

Ghostly

The Judge wants defendants to have the option for an attorney because it is a Constitutional right to have counsel. It sounds like it could have been waived but the Judge strongly discouraged a waiver.

The idea is that an attorney will at least make sure the process is followed. An example would be that there was probable cause to believe the person was intoxicated, there was probable cause to make an arrest and all the paperwork was done right. I realize this is not necessarily reality, and that attorney's (especially those provided) are too busy to really look into a lot of these cases. I know that and don't want to argue that point. I am simply stating why an attorney is encouraged.

Also, and probably more importantly, the Judge wants to know that the defendant understands what they are facing, and the plea they enter. If a defendant does not have an attorney, the Judge is worried the defendant will come back and say they didn't understand their plea. I am not saying everyone should have an attorney. I am explaining why the Judge wants someone to have one.

Drunk Driving, OWI and DUI depending where you are, are expensive for the defendant. Yes this may be a money pit. Yes municipalities do get some money out of this. I am not naive enough to suggest otherwise. However, lets not forget that drunk driving is also expensive for society. Literally there is a monetary expense. Police, Fire, EMS, jail attorneys and courts for example. Not to mention the other expenses that are not monetary in nature.

Nikkle - I know this was off track a bit from your question. Not tryin to hijak this, just wanted to respond to a few things. I know you wanted to get this over. In the end an attorney is probably a good idea. Good luck.

Nikkle

No problem Ghostly, actually you answered my question. The Judge did not know me or how much time I put into researching the penalties, so he urges the unrepresented to seek counsel to be sure they are thoroughly aware of what they are facing.:0)

bonniep

a court appointed attorney may not cost you as much money as you may think - depending on your finances. if i remember from your last post, you have children who are dependents, and that should help you out. your lawyer can also help arrange a way for you to make spread out payments of your fine, or maybe get your fine reduced. i'm very glad i had my lawyer because he was able to get my diversion filing fee cut in half, and the ticket for which i was pulled over for (operating without headlights) dismissed. good luck and keep us posted! my thoughts are with you.

bonniep

also, on the form that they had you sign today to get a court appointed attorney, there was a $20 fee just to see if you are eligible. if you are eligible - that's a good thing. my "contribution" fee to pay my court appointed attorney was only $55. i think this is all i'm going to have to pay. i think.

topspin

Really agree with Ghostly on some of the reasons stated. Also, since it's general sessions and not small claims, or local magistrate stuff (usually handled without attourneys ) I think in the end , it shows a little respect for the gravity of what's actually going on day-in, day-out, in that kind of court.

Just my totally uneducated 2 cents worth !?!

I'm another chiming in thinking it's a good thing.