Notices

Opinions on upcoming DUI case please...

Old 06-24-2016, 09:39 AM
  # 41 (permalink)  
Member
 
Join Date: Jun 2009
Posts: 545
Is it possible you can drop your attorney and do it yourself? Certainly you are well informed of what he was going to present to the court. Lots of people represent themselves. Or is it too late and you can't change the continuance if you wanted to? I'd be very wary of driving saying it was "for work" if it isn't. You may have a lot to prove that. Sucks the huge continuance. Was he a single attorney office?
KissMyTiara is offline  
Old 06-24-2016, 09:44 AM
  # 42 (permalink)  
Member
 
uncorked's Avatar
 
Join Date: Sep 2009
Posts: 709
Oh no!!!! I'm sorry, that really sucks. I would be climbing the walls, too. I know how much you want to get this over with.

As LB said, talk with your attorney and see what your options are. I know your parents have done a lot but can one of them maybe take your kids to the DMV for their driving permits? Not sure what the rules are on that, if a parent has to have their license.

Crazy how it takes MONTHS to reschedule a court date, isn't it?
uncorked is offline  
Old 06-24-2016, 10:10 AM
  # 43 (permalink)  
Member
Thread Starter
 
Join Date: Apr 2016
Posts: 970
I am just so beside myself right now and really praying for patience. I was so taken aback when the secretary called me that I could not even get my bearings to ask anything. I did say that I can't drive right now... Her response was that "we have you on restricted driving for work." I said I no longer work for the company listed in the restrictions. She said "Once you get a job let us know and we'll get that changed." WHAT??? I CANNOT get a job without a license. Period! On top of that my insurance renewal is in October. That means this MVR will still reflect a bad record until then.
Does anyone know a way to renew the insurance without them running a driving record automatically?? My license shows 0 points. MVR shows 13.

I don't know how this works, but my guess is that I"ll not be able to get insurance. The secretary said that October was the soonest that I could get a court date. Thing is my attorney purposely made a court date in July (5 months after the dui) to have it reflect "time served." The next date will make it 8 months without a license.

I just need to calm down. Apparantly my attorney is having emergency surgery, so I can't talk to him for a while. He does have another attorney in the office with him who is very good. Of course he is on vacation all this and next week.

My main concern right now is my kids. Just getting them to and from practices AND getting them their permits. This is ALL my fault and I really hate myself for this. All of the added crap it's put on them, things they've had to miss out, all of the running around my parents have had to do. I can't even get to the store to get some damn sour cream for the taco's I have on the menu for tonight.

As far as the permits, I have called the BMV and they say it HAS to be a LICENSED parent for them to get their permits. I'm requesting an appt with my attorney as SOON as I can get in.

Thank you for reading, thank you for listening. I absolutely will not drink, but damn this just won't stop. Hurdle after hurdle after hurdle.
Behappy1 is offline  
Old 06-24-2016, 10:20 AM
  # 44 (permalink)  
Giving up is NOT an option.
 
MLD51's Avatar
 
Join Date: Jan 2015
Location: Western Wisconsin
Posts: 7,792
In my state of Wisconsin, there's a way get your occupational license expanded so that you can do things that are necessary for your kids - There's a box on the forms to mark for "head of household." So I can go to the store, take my son places he needs to go, run errands, go to meetings, and so forth, in addition to going to work. I can only drive a total of 60 hours in any one week, and only during certain hours (which I was able to choose - and it doesn't have to be the same times each day of the week). And this is my third (and last!!) DUI. I don't know about Ohio's laws, though. But jeez - it seems absolutely nuts that your license is work ONLY - how is a single person with kids supposed to take care of important family things? I would look carefully at the Ohio laws, and get some advice from someone other than your lawyer, maybe. I wish you the best of luck.
MLD51 is online now  
Old 06-24-2016, 10:33 AM
  # 45 (permalink)  
Member
 
uncorked's Avatar
 
Join Date: Sep 2009
Posts: 709
Yes, talk with your attorney ASAP. Call him if need be. This is added hardship for you. I drove my kids to stuff on my "work only" license....I'm not advising you do the same but since you don't have a job, you're always looking for work, right? As far as your insurance goes, that really sucks. I don't know if they run your driving record every time your insurance comes up for renewel. I had my DUI expunged so it never effected my insurance. See if Ohio does the same. Your kids can wait for their permit -- my daughters JUST got their license this week and they are 19 (long story). None of my kids got their license at 16. The likelihood of accidents is far too great at that age...not the mention the insurance. Hang in there.
uncorked is offline  
Old 06-24-2016, 11:39 AM
  # 46 (permalink)  
Member
 
Join Date: Jun 2009
Posts: 545
Confused about the wording may be different states. You say your license you have 0 but MVR is 13. When you say license to you mean your insurance points? I think your drivers license is issued thru the DMV same place that you pull MVR from.

Yes certainly MVR points often vary to insurance points. They don't use the same rating. Also the insurance company doesn't always pull the MVR report at renewal. They do it randomly because it would be expensive to pull every single insured person. Depends on the company and what sort of risk they want to assume.

In my case when I had my DUI the insurance company only knew because there was a property claim because I was involved in an accident. They did NOT drop me and I don't recall a large increase in my premium (25 years ago).
KissMyTiara is offline  
Old 06-24-2016, 12:05 PM
  # 47 (permalink)  
Giving up is NOT an option.
 
MLD51's Avatar
 
Join Date: Jan 2015
Location: Western Wisconsin
Posts: 7,792
My insurance didn't get dropped either, and the increase in my rates wasn't horrible, even though there was an accident in my case also. And they definitely knew about the DUI.
MLD51 is online now  
Old 06-24-2016, 12:31 PM
  # 48 (permalink)  
Member
Thread Starter
 
Join Date: Apr 2016
Posts: 970
Thanks guys!! I decided to get out of the house and work in the yard to get rid of some aggression.

As far as the MVR, they pulled it through work. I STILL do not see how they can "assume" 13 points when I have not even went to court yet. They "assume" that I will be charged with everything. My attorney filed a dismiss and suppress whatever that means. If I do not go to court until October, my MVR will remain the same until then reflecting 13 points. Does anyone have any experience on the steps to take to address this?

I am trying to really keep my head about me. I will call the first of the week and get the first available appt with my attorney. It was mention representing myself. I could do that, but I am from a very small town with a "good ole boy" system. I'm afraid if I try to take this on myself, the good that has been done could be tossed out the window if I tick someone off.

I will talk to my attorney about the above mentioned as far as getting my kids ran around. Without my parents, my kids would have had to quit all sports and 4-h. They simply could not be at practices "legally" by me driving them.
Behappy1 is offline  
Old 06-24-2016, 12:45 PM
  # 49 (permalink)  
Member
 
Join Date: Jun 2009
Posts: 545
The thing is the Court and the DMV (or in your case the BMV) are separate. When you were arrested you lost your license and was reported immediately to BMV. The courts at that time knew nothing about it. And they really don't care until you show up for your court date. Although you did get a work restriction before final disposition by your attorney.
And then its more of a financial punishment with fines, community service, AA, classes etc. I know you have been doing a lot of those.

They charge you immediately from BMV on your MVR. Doesn't matter to them if you have been to court or not. Again.....they are completely separate. Sucks but that is how it is. If you don't have your court until October I would suggest contacting the BMV and see if you can work something else out.
KissMyTiara is offline  
Old 06-24-2016, 12:53 PM
  # 50 (permalink)  
Member
Thread Starter
 
Join Date: Apr 2016
Posts: 970
Originally Posted by KissMyTiara View Post

They charge you immediately from BMV on your MVR. Doesn't matter to them if you have been to court or not. Again.....they are completely separate. Sucks but that is how it is. If you don't have your court until October I would suggest contacting the BMV and see if you can work something else out.
Thank you! This is helpful in understanding this. So say I do go to court and charges are reduced, will Mvr reflect that? Also do you know if insurance looks at both??
Behappy1 is offline  
Old 06-24-2016, 01:08 PM
  # 51 (permalink)  
Member
 
Join Date: Jun 2009
Posts: 545
My information is based on my 2 DUI's so could be different in another state plus 25 years have passed. So......

If the Court determines you were not guilty then you don't get Court penalties (for breaking a law). However, the DMV still gets to decide independently if it feels the acquittal was appropriate in your case. You would have to have a separate administrative hearing with the BMV. Also if it is reduced say to reckless driving (as in my first case) it did not affect the driving suspension.

Sounds like you may be stuck with 8 months right now since you won't have court until October. Would you be completely reinstated then? May have to wait.

But I would be PO if I was paying an attorney who might make something amazing happen to continue it for 4 more months.

BTW were you guilty? I think I would ask myself that too. I did. I took my punishment. Sorry it affects your children. I didn't have to deal with that.
KissMyTiara is offline  
Old 06-24-2016, 01:21 PM
  # 52 (permalink)  
Member
 
Venecia's Avatar
 
Join Date: Oct 2013
Location: Midwest
Posts: 4,859
Originally Posted by KissMyTiara View Post
My information is based on my 2 DUI's so could be different in another state plus 25 years have passed. So......
And this is exactly why we shouldn't be offering what may be interpreted as legal advice, either by the original poster or others on SR. BH's situation depends on her charge, her state, her jurisdiction, etc. I know we're community populated by compassionate souls who want to help others -- I really understand the desire to help -- but frankly I wish SR would take the same view of legal matters it as it does offering lay medical advice.

Behappy, I really hope that your attorney's partner can help you. I'm guessing the court rescheduled a slew of your attorney's appearances. I really feel for you. Hang in there.
Venecia is offline  
Old 06-24-2016, 01:28 PM
  # 53 (permalink)  
Member
 
Join Date: Jun 2009
Posts: 545
I don't know that she was asking forlegal advice. She has an attorney for that. And certainly my posts have been as I said in the first sentence was my personal experience.
KissMyTiara is offline  
Old 06-24-2016, 01:39 PM
  # 54 (permalink)  
Administrator
 
Anna's Avatar
 
Join Date: Aug 2003
Location: Dancing in the Light
Posts: 61,326
I'm really sorry that this is delayed so long.

I really, really discourage you from driving and saying it was for work. It strikes me that a simple traffic stop could become a huge problem for you. If you think things are bad now, it could be much worse if you were found breaking the law and driving without permission.

I hope you find a way to expedite this court date.
Anna is offline  
Old 06-28-2016, 08:33 AM
  # 55 (permalink)  
Member
Thread Starter
 
Join Date: Apr 2016
Posts: 970
Just an update...

I was to have a final court date for my dui yesterday. It was postponed until October 3 due to attorney needing knee surgery. I just found this out late Friday. I called the attorneys office today find out my options. Secretary said he is out of the office for another month. I asked if there was any way to get an email or message to him to find out my options. No. I asked if the other attorney could address my concerns. He is out off the office on vacation until next Tuesday.

I mentioned my kids and all of the running that I have not been able to do. She said the courts do not care. I reiterated that I am the sole provider financially and physically and that I have no help with either from my ex. The courts don't care. Basically said they're not concerned if you can even get to the store for groceries.

My ONLY option at this point is to revamp my consulting business. She said to send a statement in on letterhead with hours of operation. She said she would try to get it submitted to the courts for an amendment this week. I just sent that along with a short letter to my attorney which he probably won't get.

Hurdle after hurdle after hurdle. I have not went anywhere for 21 days. This is 100% my fault I know. I am trying to keep myself in check, but I am about to explode.
Behappy1 is offline  
Old 06-28-2016, 09:37 AM
  # 56 (permalink)  
Administrator
 
Anna's Avatar
 
Join Date: Aug 2003
Location: Dancing in the Light
Posts: 61,326
Well, yes, it's a busy time and a holiday weekend, so it's harder than usual to reach people and do business. As frustrating as it is, you are doing the right thing by not driving. It might not seem like it, but it could be so much worse.

Another thing I wanted to say is that when unforeseen circumstances come along, like your lawyer's knee surgery, and they mess with your plans, try to believe that this is part of the Universe's plan for you. You don't need to understand it, but have faith things are unfolding as they should.
Anna is offline  
Old 06-28-2016, 09:44 AM
  # 57 (permalink)  
Member
Thread Starter
 
Join Date: Apr 2016
Posts: 970
Originally Posted by Anna View Post

Another thing I wanted to say is that when unforeseen circumstances come along, like your lawyer's knee surgery, and they mess with your plans, try to believe that this is part of the Universe's plan for you. You don't need to understand it, but have faith things are unfolding as they should.
Thank you!! This is the ONLY thing keeping me sane right now. I am heavily leaning on my devotionals right now.
Behappy1 is offline  
Old 06-28-2016, 09:51 AM
  # 58 (permalink)  
Member
 
Join Date: Oct 2015
Location: Arizona
Posts: 184
Originally Posted by Behappy1 View Post
My ONLY option at this point is to revamp my consulting business.
Interesting development...

I agree with Anna. Perhaps God has a bigger, better plan that's beginning to unfold here. When God is working, it rarely looks as we think it should.

Hang in there.
Ambuler is offline  
Old 09-30-2016, 12:57 PM
  # 59 (permalink)  
Member
Thread Starter
 
Join Date: Apr 2016
Posts: 970
Originally Posted by Ambuler View Post
I Perhaps God has a bigger, better plan that's beginning to unfold here. When God is working, it rarely looks as we think it should.

Hang in there.
^^^^This was several months ago, but I really believe He has a bigger plan. I have done alot and learned a lot since my DUI. I have ramped up my consulting business and things are starting to really pick up with it.

I have had some struggles during the summer and been really down due to everything that I lost at my own hands. I struggled with self hatred.

I won't say that I am grateful for the circumstances that brought me here. But I am grateful for the wakeup call. I am grateful to have my life back sans alcohol. I am grateful to be in a MUCH better place than I have been for years. I am grateful for the fact that I am the mom that I want to be and I am most grateful that nobody was hurt.

Please - don't let yourself get behind a wheel if you're drinking. I don't remember much about that night - only that I thought I didn't have enough alcohol. That night caused me to lose a lot. I am just thankful that everyone is safe and nobody was hurt.

My court case is coming up next week. I sure would appreciate any prayers that this can just be over with the best possible outcome. Thank you SR
Behappy1 is offline  
Old 09-30-2016, 02:01 PM
  # 60 (permalink)  
Guest
 
ReadyAtLast's Avatar
 
Join Date: Dec 2012
Posts: 7,097
It's great to read how you've turned your life around Behappy Best wishes for your court case on Monday.
ReadyAtLast is offline  

Currently Active Users Viewing this Thread: 1 (0 members and 1 guests)
 
Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off




All times are GMT -7. The time now is 08:54 AM.