camby680

Hey everyone, Im new to this forum, didnt know there was anything out there like this. Well i was arrested back in late october for a dwi. It was an unusual case as I was not seen driving nor was I in my vehicle at the time. I had left the bar and went to get food where some teenagers started yelling obscenities and throwing stuff at my car. I proceeded to leave fast food parking lot and they started chasing me. they followed me for a good 10 minutes and i thought the best thing to do was to get off the road so I drove to local police precint thinking they would drive away. I parked my car and was out of my car as the driver of the other vehicle ran inside precint where cops shortly came out and questioned what was going on. They smelled the alcohol on my breathe and that was the end of me. So, tomorrow i go for my first court date. Does your attorney have you plead guilty or not guilty usually? Also, i am trying to put together some words just in case im asked to speak. Im having a hard time coming up with an apology. Can anyone suggest anything? This is my first time in any kind of situation like this. I thank you in advance

ItsMe23

Just keep your mouth shut. Yes sir, Yes maam or No sir No maam.

If you have a lawyer, they will do all the talking for you. More than likely they will plead you not guilty, the case will get delayed anywhere from 1-3 months. At which point your lawyer will attempt to work out a plea deal (generally speaking). If a plea deal does not satisfy your lawyer they will take it to trial.

Kjell

Camby - haven't you spoken to your lawyer about this? He/she should have gone over all of this.

I have experience with 2 duis and two totalled cars. In both cases I worked hand-in-hand with my lawyer and he did most of the talking.

I didn't talk at all for my 1st, but for my 2nd, I simply admitted I'm an alcoholic and that I found a solution for my alcoholism. I accepted responsability.

You were drinking and driving and you got caught regardless of how it happened or if you're an alky or not. There really isn't anything unusual about your case. The judge has heard it all before.

I know this is scary, but if you're an alcoholic, it could get worse. Please take care of yourself and get help if you need it. Next time you might not be so lucky and someone other than yourself could get seriously hurt.

Let us know how we can help you if you need help.

Kjell

eddie73

Hey, I dont know what the law is like in the US but a friend of mine got done for DUI about 10 years ago in Chicago. HE pleaded guilty and was given a fine, driving ban and had to attend a rehab program. I think thats the best you can expect. Its not the end of the world, it could be a lot worse. I dont know how a judge would react if you pleaded not guilty. It may go badly. Im just guessing that. A lawyer would be the only way to go methinks.

Hope it goes well for u dude and whatever else, dont start drinking after the case hearing!

camby680

I have spoken to my attorney and i saw the counselor last night that is working with my attorney as well. They said worst case scenario is 3 yrs probation with the interlock.. best case would be 90 days suspension no probation.. just 3 yrs probation seems like forever and a lot of money.. ive already put a good $3500 into all this already. Then here in NY (nassau county) they bring a civil suit against you and sue you for the value of your car or your car. The cops who arrested me that night said that they were going to put in the report that I was very cooperative during the whole booking process meanwhile they wrote the exact opposite of that

Lushwell

A benefit of recovery is the ending of these kinds of consequences. Recovery focuses on the abstinence of the chemical usage, not avoidance of the consequences of chemical usage. Sorry about your dilemma, but I believe that is what is what is commonly referred to as "the high cost of low living". When you have had enough of incidences like this in your life, and you have related incidents like this to your drinking, and you want to put living like this behind you, there will be help available. I didn't log on to get you out of a jam. I do have access to some information and tools that could save your life. Anytime you are ready.

ItsMe23

usually a first dwi will be reduced to a dwai in ny, which is a traffic violation not a misdemeanor. You will be alright I'm sure. If you are convicted of a dwi you have to have the interlock installed.

ACT10Npack

camby680, sorry about your dwi. If you stay sober for now on then this will not happen again. That this second chance to heart and remember this will not define you for the rest of your life. It's not a learning experience. A bad one fore sure but something you can bump back and learn some.

ISPYSOBRIETY

I hope you (like myself) now know, no matter how in control you are, or feel you are... the fact that alcohol is in your system will never help any situation. It took me one dui (August, 2010) to make me realize alcohol is nothing but a lie. It in no way increases the quality of our lives, only threatens them.

Good luck tomorrow. I'm in the same boat, so I can relate. No matter what, think of the costs incurred as the cost of freedom. Never return to alcohol. There is nothing positive to gain. I personally, have disassociated myself from alcohol completely. I'm too angry with the shame, anxiety and money it has cost me. I hope you too are free!

Dee74

Welcome Camby
Hope all goes as you want it to tomorrow

D

camby680

want to say thank you everyone for the advice and well wishes.. i just want this day to be over with. im glad i found this site today

ACT10Npack

If your DWI sentencing is tomorrow then you should have an idea on what the DA and judge will give you from what your lawyer told you. Can you give us what there going to give you?

camby680

well my worst case scenario is 3 yrs probation with ignition interlock.. she is going to try to get it knocked down so i just get 90 day suspension of license.. problem with the interlock is other than my car my parents own a handicap van for my mother who is confined to a wheelchair. I usually need to drive her at times to dr and what not. I dont want to burden my father with the ignition interlock on their van.. considering they own it.. not even sure if the court would be able to do that.

ACT10Npack

If you need to get an interlock then you will need to. You can't change that and it's better then not be able to drive. Do you have to do probation?

Anna

I wish you well tomorrow.

Please let us know how it goes.

ItsMe23

depending on the judge they may let it slide to only your car, and yes the interlock is a pain, i have first had experience.

BobGT

Good luck today. I hope you are able to make the best out of whatever happens.

camby680

so, my attorney went for no probation.. So, I am looking at 6 months of the interlock, $850 in fines including surcharges and what not. I have next court date Feb 24th in which the judge wants to see another letter from the counselor I was seeing. Based on that letter she will decide if I am going to get probation or not. So that was the good part of my day.. the bad part was waiting for my ride to pick me up from court I was thinking what to have for dinner and that thought included me picking up alcohol.. I dont know why, I know i cant get past the urges it all a matter of me just driving straight home after work but why do i keep thinking about it

Lushwell

You are caught up in avoiding the consequences of your drinking. The inconvenience of the situation. I'm not seeing or hearing the cry for help to end all these kinds of consequences. I predict little will change until you reach that point. While no doubt aggravated, I'm not sure you have experienced the gut wrenching pain required to motivate you to crawl through fire to end the cycle. Help is available when you get there. There is a way out.

Many have to do what it takes to become willing to try something different. I hope you experience no more of this kind of lunacy than it takes to try something different. Recovery is about change. Not getting out of consequences, so we can take a whack at it again. We all have been there. Bargaining. We all would rather make the consequences go away, and keep drinking. "Help me out this one time, and I'll show you I have it figured out".

Please don't be offended if I'm not buying. I came with a plan and a way out, not a way for you to keep going. May you find that place that makes you willing with as little pain to you and others as possible.

DayTrader

That's a good sentence... they hammer DUI's here in Michigan much harder now.... much harder than even a year or two ago. Blow a 0.17 or higher for your first offense and you're looking at up to 180 days in jail, minimum fine of $200.00, one year license suspension, and mandatory alcohol treatment program for not less than one year.

$3500 is a LOT to pay for the typical first DWI but, given the light sentence, you got what you paid for. Sentencing here is soooo "normalized" I wouldn't recommend anyone pay an attorney for DUI #1... they're gonna get ya no matter what.

As for the rest of it Camby... I hope you're right. Hopefully you can control the mental obsession. If you're an alcoholic though, you won't be able to......and when you can, you'll be far from happy. Just giving you something to watch for, yanno? If you can't stay stopped.....and life feels worse when you ARE stopped....you're probably the real alcoholic (chronic alcoholic) that AA is out there for.

Good luck to you in finding your path to less trouble, a happy life, and sobriety.