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-   -   Guys I am in trouble, got dui charge (https://www.soberrecovery.com/forums/newcomers-recovery/418835-guys-i-am-trouble-got-dui-charge.html)

skyfullofstars 11-13-2017 03:28 PM

For me personally (in the UK) I did not hire a solicitor. I blew a high reading and my father's car was so battered it had to be written off. I was guilty as sin, so I co-operated and pled guilty straight away in my statement.

I represented myself in court and held my hands up. Luckily the judge saw I was genuinely sorry and gave me a ban and a fine. Your situation is a little more complicated. Does Canada ave the same rule as the UK where the car can be switched off and stationary but you can still be charged because you are 'drunk while in charge of a vehicle?'

But ditto, get a lawyer.

And also ditto, PLEASE make this your wake up call. I wish to God I had when I got my DUI nine years ago.

Finally, when it is all over don't beat yourself up about it forever. Just thank your lucky stars nobody was hurt, admit your screw up...then move on. Beating yourself up about it does not solve anything, it is done. And people forget. My parents were beyond angry and disappointed at the time but they forgave me and last year put me as a named driver on my father's car. We have moved on.

Just don't repeat the same mistake - ever. If you want to PM to talk about I will try and advise you, not on the law side because I am no expert but emotionally I know what you are going through. So PM me if you need to talk/vent anytime.

whopper 11-13-2017 04:38 PM

Guys I know I am on here cause I have some drinking issue. I can tell you right now that I was driving perfectly fine on the road, not weaving left or right. I had control, but I had some drink. The road was narrow and if I didn't have control I would of ran off the road and crashed. I did not crash.

Ariesagain 11-13-2017 04:42 PM

Yet.

whopper 11-13-2017 04:57 PM


Originally Posted by Ariesagain (Post 6671782)
Yet.

I know in the eyes of the law I am wrong, but I had control of the vehicle, I didn't crash, and the road was narrow. Thats what I am saying. Its the truth.

jryan19982 11-13-2017 05:00 PM


Originally Posted by whopper (Post 6671779)
Guys I know I am on here cause I have some drinking issue. I can tell you right now that I was driving perfectly fine on the road, not weaving left or right. I had control, but I had some drink. The road was narrow and if I didn't have control I would of ran off the road and crashed. I did not crash.

I thought you said you weren't driving the car when you got a DUI? Regardless it doesn't matter what you tell us about you were driving fine on a narrow Rd etc.. the thing that matters is up to the judge not us. So again lawyer up, follow the LEGAL advice because that lawyer will be able to advise you on a situation none of us are clear on. We don't know your laws. But I can tell you that having a lawyer got a friend of mine out of MANDATORY jail time for first offenders in the state I lived in by being proactive on knowing what the judges would want to see. Oh and I was always the designated drunk driver because I could also masterfully drive while intoxicated. Does that make it right? Would I have been let off because I could physically drive after x amount of beers?

Please get legal advice from someone who specializes in legal advice not from a forum.

nez 11-13-2017 05:07 PM

My advice would be to face the consequences of your actions.

JScatt 11-13-2017 05:20 PM


Originally Posted by jryan19982 (Post 6671475)
That's just not very good advice, sorry. If it's your first DUI then a lawyer can often times keep you from jail time and getting the book thrown at you. Lawyers start the process of showing courts that you have already enrolled in help programs etc. If a judge sees you don't even care to get a lawyer then of course the judge will throw the book at you.

I won't argue my point because that would be like giving more bad advise I guess.

Fluffer 11-13-2017 05:28 PM

Well, at first you weren't even driving, now the story changes and you were driving but not so badly that you were weaving. Most drunk drivers think they are fine at the time they are driving drunk. I say the first step is to stop BS'ing yourself and everyone else.

ScottFromWI 11-13-2017 05:32 PM


Originally Posted by whopper (Post 6671794)
I know in the eyes of the law I am wrong, but I had control of the vehicle, I didn't crash, and the road was narrow. Thats what I am saying. Its the truth.

I'm not sure exactly what you are hoping to find here whopper, but we cannot undo what you've done. Drinking is the problem you need to fix, and I hope you see that before things get really bad. A first offense DUI is bad, but it's nothing compared to how bad things will get if you keep ignoring your problem.

whopper 11-13-2017 05:34 PM


Originally Posted by Fluffer (Post 6671822)
Well, at first you weren't even driving, now the story changes and you were driving but not so badly that you were weaving. Most drunk drivers think they are fine at the time they are driving drunk. I say the first step is to stop BS'ing yourself and everyone else.

When I say I wasn't driving, I was not at the time the cops come to me.

whopper 11-13-2017 05:35 PM


Originally Posted by ScottFromWI (Post 6671825)
I'm not sure exactly what you are hoping to find here whopper, but we cannot undo what you've done. Drinking is the problem you need to fix, and I hope you see that before things get really bad. A first offense DUI is bad, but it's nothing compared to how bad things will get if you keep ignoring your problem.

Yes I read what you wrote and I hear you loud and clear.

red3215 11-13-2017 05:51 PM

When I first went to my public defender, he asked if I had been driving at the time the cops arrived. He said I could possibly get the case thrown out because I hadn't been.

Attorneys know a whole lot of ways to get out of situations that look hopeless....and the other unfortunate fact is that sometimes shady stuff goes on with lawyers and judges and just the fact that you simply pay a lawyer could mean you get your case thrown out. But it sounds like you can't afford one, so.... I agree with a poster above that you should call around to different ones. You can even get some good advice that way, without paying a dime. I know it can be nerve racking to talk about this with strangers, but they deal with this situation all the time.
Stay sober, then you can go to court and honestly say you've not had a drink since the incident.

jryan19982 11-13-2017 06:12 PM


Originally Posted by JScatt (Post 6671817)
I won't argue my point because that would be like giving more bad advise I guess.

Sorry man didn't mean to being an ass about it. I just knew from experience by one friend who lawyered up and another guy who didn't...

JScatt 11-13-2017 06:20 PM


Originally Posted by jryan19982 (Post 6671853)
Sorry man didn't mean to being an ass about it. I just knew from experience by one friend who lawyered up and another guy who didn't...

Its all good.

Anna 11-13-2017 06:44 PM

I think it's clear to you that we have a lot of concern with your drinking and driving. You seem to be in denial that driving under the influence was a problem. Denial is a huge part of alcoholism. But I hope that you can see we are trying to help you, not in the way you want to be helped right now, but in the way you need help right now. When you minimize drinking and driving, it's very scary.

Behappy1 11-13-2017 06:47 PM


Originally Posted by whopper (Post 6671828)
When I say I wasn't driving, I was not at the time the cops come to me.

How did the police know to find you? Did someone call you in?

Lookingforchange 11-13-2017 07:32 PM


Originally Posted by suki44883 (Post 6671176)
If you weren't driving, and they don't have a readable breathalyzer result, I don't see how they can charge you with DUI. Definitely get an attorney. Yes this is going to cost quite a bit of money, but you will get through it. Hang in there.

If you were behind the wheel and had the keys it’s a dui-the law is “drunk in charge of a vehicle”. I would think getting and staying sober is the most important thing here. I wish you all the best and hope things pick up for you soon.

Coldfusion 11-13-2017 07:39 PM

Hi Whopper, I wanted to re-iterate what Hats said: keep a written record of AA meetings you attend, and have it signed each meeting by the meeting secretary. It would look good for the Judge if you can show you are putting effort into recovery.

Behappy1 11-15-2017 07:11 AM

How is it going whopper? Hopefully you have some direction as to which way to go.

asixstringnut 11-15-2017 07:41 AM

Get a good attorney if you can afford one. Do what ever the courts tell you to do with a smile on your face, Get and stay sober. DUI'S are a serious wake up call.
At least here in the US they are. And step up and take the medicine. Time to stop making excuses. Trust me I know.

And yes I have had one.

asixstringnut


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