I came close, but lost the battle. The worst has happened.
Member
Join Date: Nov 2015
Location: East Coast USA
Posts: 1,068
Sorry this happened. For everyone involved. But one thought about the legal fees. Why are you worried what the lawyer will charge you? Since any remaining money will go to the victim that you injured after they sue you it's really not going to help you at all to save money on legal fees. Even if you somehow avoid prison or get to minimum security it seems to me that the victim will have a slam dunk case in civil court to take every penny you have. In this case it is in your interest to spend as much as you need on the best lawyer available to you while you still have the money.
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Thread Starter
Join Date: Jun 2013
Posts: 70
I know criminal and civil courts are different, and I have heard others say, I might be able to plead to a lesser charge.
But, if my situation is a slam dunk to take every penny I have (something I am anticipating), then why would any judge allow me to plead to a lesser charge?
This place is different in that it is a good old boy culture and this type of thing doesn't happen a lot around here.
It will be high profile in the law enforcement circles and I believe the judge will make an example of me. If anything, I will get more than the minimum allowed for this which I believe is 51 months.
If the people are still in the hospital and hurt pretty badly, I could get ten years, if not more.
But, if my situation is a slam dunk to take every penny I have (something I am anticipating), then why would any judge allow me to plead to a lesser charge?
This place is different in that it is a good old boy culture and this type of thing doesn't happen a lot around here.
It will be high profile in the law enforcement circles and I believe the judge will make an example of me. If anything, I will get more than the minimum allowed for this which I believe is 51 months.
If the people are still in the hospital and hurt pretty badly, I could get ten years, if not more.
Member
Join Date: Jul 2014
Posts: 4,251
Good to see you checking in Rich. And I am really glad to hear you are sober.
You are getting ahead of yourself here. Understandable, I did too for my DUI and often do in other situations. But it does not serve us well. You need to get with your lawyer and listen carefully to the information and advice they provide you. You need to ask questions and get answers.
I would press for information on the condition of the other people involved, for me personally this would be important to know. It is strange that after a week you have no information on this.
Keep putting one foot in front of the other. Don't get too ahead of yourself thinking about all the things that could happen. Focus on what you know you can do today- stay sober and listen to your lawyer.
I will continue to keep you in my thoughts.
You are getting ahead of yourself here. Understandable, I did too for my DUI and often do in other situations. But it does not serve us well. You need to get with your lawyer and listen carefully to the information and advice they provide you. You need to ask questions and get answers.
I would press for information on the condition of the other people involved, for me personally this would be important to know. It is strange that after a week you have no information on this.
Keep putting one foot in front of the other. Don't get too ahead of yourself thinking about all the things that could happen. Focus on what you know you can do today- stay sober and listen to your lawyer.
I will continue to keep you in my thoughts.
Member
Join Date: Jun 2013
Location: Big City
Posts: 3,895
Ignore AAJPs comment entirely.
If you want to speak, though not in any lawyer/client relationship, but as a friend, PM me. I've dealt with both the criminal and civil aspects of this.
Drop is right - your lawyer needs to have the answers to your questions.
Tough row to hoe ahead man. Keep your head down and start making the hard decisions. Be careful what you post here or elsewhere about the nature of your accident or anything else frankly.
If you want to speak, though not in any lawyer/client relationship, but as a friend, PM me. I've dealt with both the criminal and civil aspects of this.
Drop is right - your lawyer needs to have the answers to your questions.
Tough row to hoe ahead man. Keep your head down and start making the hard decisions. Be careful what you post here or elsewhere about the nature of your accident or anything else frankly.
Member
Join Date: Sep 2018
Posts: 31
Nothing useful to add here but thanks, Rich, for your honesty and I'll also add this could have easily been me - I drank drove several times during my last relapse and was probably over the limit on many, many mornings-after.
I can't begin to imagine how you feel. Please do keep us posted.
I can't begin to imagine how you feel. Please do keep us posted.
Member
Join Date: Aug 2015
Location: US
Posts: 5,095
Thank you for sharing your story. It is brave and for sure helps remind me of how very easily I could have been right where you are. I am shocked at my own irresponsibility and lack of awareness.
I am with Less on this. Get a good attorney. Try to stay away from 'assumptions' and 'conjecture'. I know that's really hard for sure. I don't know if you have kids but if you do then you have a will and trust. Speak with your elder attorney about moving assets into some kind of special trust, irrevocable or what have you. I dunno. This is most definitely NOT advice of any reliable kind. But there are ways to 'hide' assets but ya better get cracking. I've moved my parents assets, for different reasons, but got started years ago so the point may be mute.
LG would be a good one to PM.
I am with Less on this. Get a good attorney. Try to stay away from 'assumptions' and 'conjecture'. I know that's really hard for sure. I don't know if you have kids but if you do then you have a will and trust. Speak with your elder attorney about moving assets into some kind of special trust, irrevocable or what have you. I dunno. This is most definitely NOT advice of any reliable kind. But there are ways to 'hide' assets but ya better get cracking. I've moved my parents assets, for different reasons, but got started years ago so the point may be mute.
LG would be a good one to PM.
Member
Join Date: Aug 2018
Posts: 24
Originally Posted by rich624 
I know criminal and civil courts are different, and I have heard others say, I might be able to plead to a lesser charge.
But, if my situation is a slam dunk to take every penny I have (something I am anticipating), then why would any judge allow me to plead to a lesser charge?
This place is different in that it is a good old boy culture and this type of thing doesn't happen a lot around here.
It will be high profile in the law enforcement circles and I believe the judge will make an example of me. If anything, I will get more than the minimum allowed for this which I believe is 51 months.
If the people are still in the hospital and hurt pretty badly, I could get ten years, if not more.
But, if my situation is a slam dunk to take every penny I have (something I am anticipating), then why would any judge allow me to plead to a lesser charge?
This place is different in that it is a good old boy culture and this type of thing doesn't happen a lot around here.
It will be high profile in the law enforcement circles and I believe the judge will make an example of me. If anything, I will get more than the minimum allowed for this which I believe is 51 months.
If the people are still in the hospital and hurt pretty badly, I could get ten years, if not more.
Self-pity is only going to make the situation worse. Trust me I know.
Community Greeter
Join Date: Aug 2007
Location: Upstate New York
Posts: 51,522
Rich, I'm praying for you to get valuable advice from your lawyer, & to rise above this terrible time. You can still have a great life in spite of what's happened.
Thanks to all who offered supportive and constructive advice - it's so kind of you to take time to help Rich, so he doesn't feel alone.
Thanks to all who offered supportive and constructive advice - it's so kind of you to take time to help Rich, so he doesn't feel alone.
Member
Join Date: Mar 2012
Location: California
Posts: 13,036
Hi Rich,
I don't know if this is possible,but maybe Dropsie or Less do, I had a friend who put her house into a trust because she had an issue at work that involved a lawsuit. This may be something you can talk to a lawyer about as well. You may need money from the house to help with legal bills, but try to start making a list of questions you have, and work on an immediate plan. As well as one for the future. I also do not know if your car insurance covers anything DUI related, but all things worth talking to someone about.
Have you been able to find anything out about the other passengers? I would think the fact that it hasn't been in the news is a positive. I feel like our local news always has things like this on.
Sending lots of thoughts your way as you continue to work through this, I know you can, and although things are going to be difficult for a bit, there will be an end date in sight, and you will be okay. You've got IT skills, and you can continue he to use those. Keep going to rehab, keep talking to your lawyer, and try to keep grounded in things you can do today to continue to move forward.
I don't know if this is possible,but maybe Dropsie or Less do, I had a friend who put her house into a trust because she had an issue at work that involved a lawsuit. This may be something you can talk to a lawyer about as well. You may need money from the house to help with legal bills, but try to start making a list of questions you have, and work on an immediate plan. As well as one for the future. I also do not know if your car insurance covers anything DUI related, but all things worth talking to someone about.
Have you been able to find anything out about the other passengers? I would think the fact that it hasn't been in the news is a positive. I feel like our local news always has things like this on.
Sending lots of thoughts your way as you continue to work through this, I know you can, and although things are going to be difficult for a bit, there will be an end date in sight, and you will be okay. You've got IT skills, and you can continue he to use those. Keep going to rehab, keep talking to your lawyer, and try to keep grounded in things you can do today to continue to move forward.
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Thread Starter
Join Date: Jun 2013
Posts: 70
Still have heard nothing about the other passengers. The accident was not in the local newspaper. I have been unable to find anything about the accident, or their condition.
My understanding is that since Florida is a Homestead state, my house cannot be taken in a civil suit. My understanding is the equity in the home is protected and I own the house and four acres free and clear.
My understanding is that since Florida is a Homestead state, my house cannot be taken in a civil suit. My understanding is the equity in the home is protected and I own the house and four acres free and clear.
Member
Join Date: Mar 2018
Posts: 386
Rich - I can't give you legal advice, but all I can say is get a best lawyer that you can afford. Walk in lock step with lawyer to get the best out of what is left. Thanks for sharing, this is an eye opener for lot of us here, just shows what alcohol is capable of.
You can't change what has happened or the mistake you have done. What you can do is pray to God to forgive you for hurting others and yourself. Try to get the best out of the rest. Be prepared mentally where ever your journey takes and pay your dues and make peace with yourself. There will always be good things that will come your way. Live on life's terms. Stay sober and stay strong. Good luck!
You can't change what has happened or the mistake you have done. What you can do is pray to God to forgive you for hurting others and yourself. Try to get the best out of the rest. Be prepared mentally where ever your journey takes and pay your dues and make peace with yourself. There will always be good things that will come your way. Live on life's terms. Stay sober and stay strong. Good luck!
Member
Join Date: Dec 2015
Location: Eastern PA
Posts: 165
Update on injured party
Rich - I'm so sorry to read about your DUI. I had one with my son in the car and it was the lowest point of my life. No serious injuries to other party, myself or son thank God. I'm now 22 months sober, active in AA recovery - but I really had to want to be sober more than take a drink. Some days were shaky in early recovery but I did what was needed to protect my sobriety. Good on you for being in an outpatient program. Just keep doing the next right thing even when you don't want to.
Is your lawyer actively and urgently seeking an update on the extent of the other party's injuries? With going on a week soon it seems very odd that you haven't been briefed.
Is your lawyer actively and urgently seeking an update on the extent of the other party's injuries? With going on a week soon it seems very odd that you haven't been briefed.
Member
Join Date: Jun 2011
Posts: 543
Also, make sure to talk to your lawyer and/or insurance agent (if you have one) about notifying your auto insurance carrier of the accident.
Someone else asked if an auto insurance policy would cover a DUI related incident and the answer is "yes". Companies would not be able to exclude liability coverage (essentially denying coverage to an innocent third party) because the person who was at-fault was under the influence.
I am a long time professional in the auto insurance industry... but every state has different insurance laws and I definitely have limited knowledge of auto insurance environment in Florida.
Someone else asked if an auto insurance policy would cover a DUI related incident and the answer is "yes". Companies would not be able to exclude liability coverage (essentially denying coverage to an innocent third party) because the person who was at-fault was under the influence.
I am a long time professional in the auto insurance industry... but every state has different insurance laws and I definitely have limited knowledge of auto insurance environment in Florida.
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Thread Starter
Join Date: Jun 2013
Posts: 70
I have contacted my insurance carrier and filed a claim for the accident.
Also, whenever I have asked the attorney about any information on the condition of the other people or the accident report, he keeps telling me I need to be patient and let things play out.
I suppose that means the accident report is not available, and as far as the other parties and their medical condition, I suspect HIPPA would prevent the hospital from releasing information on the other people, but I do not know exactly if that is true. I have not been charged with anything yet, so I guess that is when things get rolling.
Also, whenever I have asked the attorney about any information on the condition of the other people or the accident report, he keeps telling me I need to be patient and let things play out.
I suppose that means the accident report is not available, and as far as the other parties and their medical condition, I suspect HIPPA would prevent the hospital from releasing information on the other people, but I do not know exactly if that is true. I have not been charged with anything yet, so I guess that is when things get rolling.
Member
Join Date: Oct 2012
Posts: 5,937
Just do make sure to find a skilled lawyer. I'm sure your mind is running away and taking you to dark places but don't give up. Face what you've done but don't jump the gun and assume your life is over 'til you've had your day in court.
Member
Join Date: Sep 2011
Location: USA
Posts: 690
Rich: I don't have advice to offer but I want to thank you for sharing your story with us. You are going to recover from this. One day at a time. You are still young enough and will turn this around. Prayers for you......
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