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-   -   Court Friday, scared out of my mind (https://www.soberrecovery.com/forums/newcomers-recovery/304045-court-friday-scared-out-my-mind.html)

Prodigy 08-13-2013 01:44 PM

Court Friday, scared out of my mind
 
I was charged with a DUI on July 9th, and my court date is scheduled for this Friday. I blew a high number and also rear ended a car, luckily there were no injuries other than myself. I have been going to meetings daily and seeing a therapist that my Lawyer recomended. I am so scared that I will be going to jail and I just can't shake the thought. I have no prior record so this is my first time dealing with court. I just am really scared and don't know what to do... :react

Anna 08-13-2013 01:48 PM

I don't blame you for being scared. But, it sounds like you're doing all the right things. You have a lawyer and you're working on your recovery. Do you have someone to go with you on Friday?

Prodigy 08-13-2013 01:58 PM

Just my Lawyer.

JettBoy 08-13-2013 02:03 PM

Just so you know,I've had tons of experience with the law,you are not going to jail on a first offense for DUI ,especially if you have a paid lawyer ,it'll be ok. As long as your admitting theres a problem,are doing something about it and want to stay sober,it'll all work itself out. Don't panic,it serves no purpose.I've been there so many times with the law. Fear is normal,but I'm telling you your going to be fine. I'd like to know how you made out so please hit me up on here when you go and let us know how it went..best of luck to you!!!

CharlieNoogan 08-13-2013 02:05 PM

If this is your first DUI, expect an expensive slap on the wrist but no jail time (unless there are other charges you are not disclosing here).

I know the feeling. When I got my DUI, I thought my life was over. The anxiety from that incident and waiting to see what the judge would do actually propelled me into daily drinking. Before that, I was a weekend binge-type drinker. You are doing the right things by going to AA and seeing a therapist.

I ended up with some probation, community service, a fine, DUI classes, and requirements to get a drug/alcohol evaluation and follow recommendations. Yes, appearing in court was embarrassing but there is really nothing to worry about as you will just follow your attorney's instructions.

Just know that a second DUI within 10 years is almost guaranteed jail time in most states. Take this as your wake-up call and get serious about dealing with your alcohol issues. You can do this.

Dee74 08-13-2013 02:06 PM

Hi Prodigy

I'm sorry for the situation you're in.
I have no experience to share but I wish you the best Friday.

D

Sasha4 08-13-2013 02:09 PM

Please see this as a warning sign that you need to take stopping drinking seriously.

Don't loose anything else. Not your relationships, health, freedom, career, future prospects.

Take action now before it gets worse.

I wish you the best xxxx

Hevyn 08-13-2013 02:12 PM

Hi Prodigy. I feel for you - been there (twice) and it was terrifying to anticipate what might happen. I blew a .32 & the officer was amazed I was so coherent. :(

I agree with Jett. For my first offense - since I was considered a 'first time offender' - I just got probation, suspended license, and fine. (This was in Delaware, not NY). I also had to attend classes. I'm so glad you didn't hurt yourself or anyone else. Do let us know how it goes Prodigy.

Serenity1972 08-13-2013 02:16 PM


Originally Posted by Prodigy (Post 4121282)
I was charged with a DUI on July 9th, and my court date is scheduled for this Friday. I blew a high number and also rear ended a car, luckily there were no injuries other than myself. I have been going to meetings daily and seeing a therapist that my Lawyer recomended. I am so scared that I will be going to jail and I just can't shake the thought. I have no prior record so this is my first time dealing with court. I just am really scared and don't know what to do... :react

Oh this brings back horrible memories as I was charged with a DWI on July 9th back in 2010. I also blew 3 times the normal limit in my state but I was caught passed out in my truck in a parking lot mind you parked on the curb. If this is your first offense like others have stated you will get slapped with heavy fines. I sure as heck did and I am still paying for them to this day! I got lucky though and had a very good attorney and only received 6 months of probation. I had followed the advise of my attorney and took all the necessary steps prior to going to court (drug and alcohol classes and enrolled in AA). The only think I had left to do was probation, pay my fines, and 80 hours of community service. Oh and I was court ordered to take Anabuse for 6 months as I refused to have a breathalyzer placed in my vehicle due to my job.

I hope this shakes you enough to quit. Best wishes.

Prodigy 08-13-2013 02:17 PM

Wow that sounds very similar to mine. I blew a .28 after not drinking for 3 months and the cops also could not believe how coherent I was. I will certainly let everyone know how it goes on friday.

Prodigy 08-13-2013 02:20 PM

Wow that is crazy we both got ours on July 9th. I also have a very good lawyer and he has told me that it is highly unlikely I will do any jail time, and he has talked about a short probation time. The good thing is that I really do see this as a blessing in disguise as I did not hurt anyone thank God. I am taking my recovery very serious this time and going to meetings daily, seeing a therapist my Lawyer recommended, and have also been placed on anxiety/depression medication.

ZoeM 08-13-2013 02:22 PM

Just wanted to wish you luck from the UK too :)

Mountainmanbob 08-13-2013 02:29 PM


Originally Posted by Prodigy (Post 4121282)

I have no prior record so this is my first time dealing with court. I just am really scared and don't know what to do... :react

it's your first DUI
so even if you go to jail it won't be for long
I'm not making light of it believe me
I spent time in jail due to my second DUI with accident years ago
main thing for you is
don't get a second one
here in Calif they go back 10 years
I was at the 9 year mark when I got my second
4 1/2 months in jail was a real bummer
I wish you luck with your continued sobriety
that is the main thing that will change all things for you

a little more
on the third DUI here within 10 years approx. locked up term is
1 to 3 years in prison
I have seen many sentenced to this amount of time

Mountainman

LivingFree52 08-13-2013 02:32 PM

Hi Prodigy,

Been there too. Got a DUI back on May 10, 2010. (I'm in MD) Blew a .22. Spending that night in jail was the scariest thing ever and the darn cops were so rude to me. That being said, I had a great attorney and since it was my first offense I was given 1 year unsupervised probation, a fine of $350, went to classes and either had to get one of those interlock devices installed in my car or have my license suspended for 90 days. I took the suspension. I've heard those devices can create havoc and can be very costly.

Good luck on Friday and try not to worry. It'll be okay.

Mizzuno 08-13-2013 02:49 PM

Hi Prodigy. You have every reason to be scared, because this is scary stuff. No one was hurt, and you are safe. This is a blessing. Listen to what the Lawyer is telling you. This Lawyer would not lie about what may happen. Its good to hear that you are taking this seriously. A lot of people do not and they wind up in more trouble down the road.
Great job with getting sober and Thank You for sharing. Friday will come soon enough, and then you can begin to move on. The wait is always a killer. It sounds like the general consensus is that you will not go to jail. :)
Let us know how it goes!

Serenity1972 08-13-2013 02:53 PM


Originally Posted by Prodigy (Post 4121364)
Wow that is crazy we both got ours on July 9th. I also have a very good lawyer and he has told me that it is highly unlikely I will do any jail time, and he has talked about a short probation time. The good thing is that I really do see this as a blessing in disguise as I did not hurt anyone thank God. I am taking my recovery very serious this time and going to meetings daily, seeing a therapist my Lawyer recommended, and have also been placed on anxiety/depression medication.

I am glad you have good lawyer. A good lawyer will do wonders. It is highly unlikely that you will do any jail time. My lawyer wasn't sure how much probation I would get. I just followed his advise and we plea-bargained and the judge has seen that I was actually taking steps to become more responsible and let me slide. I say this because the amount I blew was so high that my probation officer was shocked that I only got 6 months and she made damn sure my life was hell for those 6 months. But, I got through it and it will never happen again. I learned a very important lesson that day and that was NOT to ever DRINK AND DRIVE and I am very grateful that the only person I hurt was myself. I am glad you are taking the necessary steps as well. Hang in there, you will be fine. Just remember that if you get caught again you probably will go to jail. Take this as a blessing in disguise.

hayley86 08-13-2013 03:18 PM

Best of luck for Friday, you seem like you have made very positive changes. :)

wiscsober 08-13-2013 03:36 PM

Acting coherently, seemingly not drunk, with a very high alcohol BAC may indicate an increasing tolerance. Drinking more and more to feel the desired effects of alcohol is also a sign. This could be very dangerous especially damaging the liver.

I am not proud to say, more grateful than anything, but I had a .42bac with an OD on BP meds...family was called in to the ER after my BP plummeted...not to rationalize it but thank goodness I wasn't driving....but still very well could have hurt people.


I have been there also with the DUI's, jail, fines, disgrace, IOP, huge ins. premiums...both still remain on my record.

I have hurt a lot of people in my life....today sober I don't and have righted the ship with amends and good living.

Mountainmanbob 08-13-2013 03:36 PM

blow machine in my car
 

Originally Posted by LivingFree52 (Post 4121386)

I've heard those devices can create havoc and can be very costly.

I don't think that they are that bad
mine back then cost me around 75 dollars a month
and worked perfectly

for me I needed to accept one in my car due to the fact that
I needed to drive while at work (thus keeping my job)

special note
yes I was single back then
I had a few first dates with the ladies
and
showed up to pick them up
with my blow machine in my car
I don't think that they were very impressed !!

after 5 years sober still paying 2,000 a year for car insurance !!
my last accident cost my former insurance company around 90,000.00
right -- they didn't reissue my policy

I had better stay sober today !!

Mountainman

crissyybabyyxx 08-13-2013 05:59 PM

I know someone who got a DUI and went to court. It was also his first time getting in trouble with the law. Instead of jail time, they forced him into a rehab center. I do not know if they have that option in every state, but it may be a possibility. Many people support the rehab instead of jail option because sending an addict to jail will not stop them once they get out. They will most likely end up back in jail for the same/similar reason. Rehab can prevent people from making the same mistakes and not to end up in jail.

Good luck!!!

BuddinK 08-13-2013 06:20 PM

I just had mine go through court, 1st DUI no Accident, blew .21, In Fla we have a Back on Track" program. Court costs, fines , ankle bracelet or ignition interlock, DUI school, community service and some online programs. It may seem like a lot but it's nothing compared to what may have happened that night. So I will gladly take what I have coming. After all conditions are met, the charge will be reduced to reckless driving and the DUI will be withheld.

I don't know if NY has this program. And I'm not sure if it can be done with an accident.

Sounds like you are being proactive and I'm hope the judge takes that into consideration.

Good Luck and Stay Strong

lifetplant 08-15-2013 05:21 AM

Hi Prodigy. I attended court a couple of weeks back after being pulled over at a random testing bus in January. I blew .21 at 4pm. It had been Australia day, a public holiday the day before when I think i'd easily drank for 16 hours solid, stopping at 4am. Twelve hours later I still blew what I blew, god only knows what my BAC had peaked at the night before.

Anyway, like you. I have never been to court and was petrified. I don't know what it's like in the States but here, for driving offences, a lot of people tend not to get a lawyer as the rules and guides for punishment are pretty clear cut. I represented myself. I was absolutely petrified thinking all kinds of things like are they going to use me as an 'example' and throw me in jail. In the end, the magistrate was really fair and spoke to me as a human being, I wasn't made to feel like scum of the earth (i'm sure they've seen a lot worse before). I was very fortunate to receive the minimum sentence which was cancellation of license, prohibiting me re-applying until 21 months from time of offence (nearly on 14 months to go), I received a $900 fine which i'm allowed to pay in monthly instalments, I'll be required attend alcohol awareness classes and if I ever do get my license back, i'll require to have an interlock fitted for a period of time.

It sounds a lot but in the grand scheme of things, it's merely and inconvenience. Not a word i'd have been able to use had my actions resulted in the killing or maiming of another individual, it was the wake up call I needed and I thank myself extremely lucky.

Going to court is scary, but you'll be fine. Use it to your advantage and think of it as the wakeup call you needed, I know I did. Best of luck and let us know how you get on.

AlisonW 08-15-2013 05:38 AM

Hi Prodigy. I was arrested for my first DUI in January, in NY State. I got a lawyer as well. I ended up getting pleaded down to a DWAI - driving while ability impaired, which is a traffic violation, not a criminal charge. I was ordered to go to group treatment - which I loved - drunk driving class thru the DMV and lots and lots of fines. I refused the breathalyzer so I lost my license for a year, if I hadn't I think it would only be 3 months with conditional driving priveledges. Obviously it could work out differently for you but that's what I ended up with. It was an eye opening experience for me, and I haven't touched a drop since. Hope something positive can come from your experience as well. Good luck

whiskeyman 08-15-2013 07:42 AM

if you are going to meeting, show commitmaent and get a sponsor.

BikerAcct 08-15-2013 08:55 AM

Best of luck to you. I received my DUI in April. Had a good attorney and since no-one else was involved - just a building and me, managed to get it reduced to Reckless Operation and Physical Control (In ohio, physical control means you have control of a vehicle but aren't actually driving it.)

Since they found me passed out in my car, even though it was running, they technically couldn't prove I had driven it. The judge was being kind because of my lawyer, we all knew I had driven it.

Anyway, no jail time other than the night I spent in the holding cell. Still, a bit over 1k in fines, 3 day driver intervention program, 16 hours community service, 6 mos license suspension (1.5 mos to go!) and the repair bill on my car eventually. Oh and I can't wait to see my insurance bill now.

I was an idiot, I had 1 dui way back in '85. You'd think I'd have learned something, but apparently not.

Anyway, you'll be fine. I was petrified. Thankfully due to my attorney, and and ex-gf who has never stopped caring for me, I had a lot of support.

Haven't had a drop since, I am now 129 days sober.

Lightning Bug 08-16-2013 05:01 AM

Good luck today. Whatever happens try not to drink, come on SR and talk.

ZoeM 08-16-2013 07:08 AM

All the best for today Prodigy x

Mountainmanbob 08-16-2013 07:14 AM

hope all goes well today
or
at least
an outcome that you can live with fairly easily

I will never forget those days of torment
when I was to be sentenced by the judge
the not knowing what the out come would be
was so very stressful

I was usually relieved after court sentencing was over
at least then I knew exactly what I needed or had to do

Mountainman

Prodigy 08-16-2013 09:41 AM

Ok so just got in from court. Lawyer informed me today that there were actually minor injuries and that the DA was asking for jail time. Since I had gottenmy evaluation done from a therapist and have been attending meetings my Lawyer was able to drop jail time. Right now I am looking at 3 years probation, a 500 fee to the person I hit, and then the DWI fee. I have to see a probation officer and get a PSI done and then they may recomend jail time, but from what I hear as long as I am respectful and continue to get help then the probation officer won't do that. Still nervous because my next court date is not until OCTOBER 18th, great more time to stress out. So hopefully no jail time but who knows.

ZoeM 08-16-2013 09:43 AM

Oh I'm SOOO pleased for you!! I very much doubt you'll get jail time now - I think they're saying that to keep you on track ;) Thanks for posting - for some strange reason, even here in the UK, it was on my mind today. Guess what they say about this site is true, we really ARE a family :)


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