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Amber_Glow
Sat Chit Anand


Registered: 09/02/02
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Got a DUI. Do I need a lawyer?
#11033547 - 09/10/09 11:19 AM (14 years, 8 months ago) |
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Got pulled over going 25 miles over the speed limit. I am pretty sure I was trying to get home after going to the bar. I had gotten lost and was a town or two over and going in the wrong direction (I am new to the area and am prone to getting lost). Failed a field sobriety test and could not walk a straight line properly. Refused to take a breathalyzer at the station. Was released after a couple hours.
I've already got a 400 dollar speeding ticket, 100 dollars to get my car back, and whatever miscellaneous fines I will be presented with. This is my first arrest although my driving record isn't perfect, I've had about 3 speeding tickets.
What good is a lawyer in this situation? Are the fines and punishments pretty cut and dry, or is there some good a lawyer can do? I'm already pretty screwed on money and don't want to pay for a lawyer if it isn't worth it.
Edited by Amber_Glow (09/13/09 08:42 PM)
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Alan Rockefeller
Mycologist


Registered: 03/10/07
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Re: Got a DUI. Do I need a lawyer? [Re: Amber_Glow]
#11033754 - 09/10/09 11:56 AM (14 years, 8 months ago) |
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Since you were going 77 in a 50 I don't think there is a lot a lawyer could do for your case.
First offense DUI penalties are pretty much static, you would probably have the same result if you get a lawyer or not.
If it was a more complicated case or your second offense I would recommend a lawyer. But for now they are just going to run you through the system the same either way.
They will probably make you take DUI classes in order to get your license back. If that is the case, you might as well get started on those. Also cancel your car insurance if you haven't done that already. If you don't have a decent road bike, now is an excellent time to get one.
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rickpsfuckyou
listening to Mozzy



Registered: 11/26/05
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plead no contest. a lawyer will tell you to do that probably. i think there is a minimum sentence so you will get it if you just plead no contest. a lawyer is only necessary for dui if there are other charges or you injured someone or destroyed property, or its a second offense. There is also a dmv hearing you can make within 10 days of arrest to keep your license (although restricted) if you don't do the hearing you license gets suspended automatically within 30 days.
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numonkei
Back! From thedigestive tractof dave theiguana!

Registered: 04/12/06
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Alan pretty much nailed it. It will be likely helpful if you are 21 or over for ramifications, many states have pretty strict and long license revocations for 'minors', although 18-20.99 isn't really 'minor' in any other sense of the word.
Pretty bullshit. But if you were going 77 than it's probably hard to get the charges dropped.
It's always a good idea to have a lawyer. Whether to retain the lawyer for this case is really your call, but from the info you have given it sounds like you're probably gonna get a hit. It happens to a lot of us. Just be glad you didn't run over any kids or anything, NOT something to wake up to in a holding cell. 
~Monk
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ThePheonix
FormerlyKnownAsWunBadMoFo


Registered: 08/05/09
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Loc: ThePheonixIsEverywhere
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Re: Got a DUI. Do I need a lawyer? [Re: numonkei]
#11035190 - 09/10/09 04:18 PM (14 years, 8 months ago) |
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I always get a lawyer. I have noticed that alot of the time, if your lawyer is local, they often know the d.a./prosecutor and can get you a better plea/deal as they may associate on a social basis. This has worked in my favor more than once.
Always get a lawyer, public pretenders don't count.
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Products of a Dyin Breed
 
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numonkei
Back! From thedigestive tractof dave theiguana!

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Re: Got a DUI. Do I need a lawyer? [Re: ThePheonix]
#11035215 - 09/10/09 04:24 PM (14 years, 8 months ago) |
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Some public defenders are great.
Especially if they were a former pay-lawyer that know the DA/prosecutor. Some pay-lawyers will default to public defenders if you cannot afford their pay rate, although they rarely have the ink of Cochran and the guy from The Wire with the ponytail's "rep".

~Monk
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fastfred
Old Hand



Registered: 05/17/04
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Loc: Dark side of the moon
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Re: Got a DUI. Do I need a lawyer? [Re: numonkei]
#11036075 - 09/10/09 06:51 PM (14 years, 8 months ago) |
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Any decent lawyer in this case will tell you it's not worth their fee.
They've got you dead to rights. Sadly in many states a refusal is worse than a DUI.
Anyways the fines are all standardized nowdays there's no point to a lawyer or even speaking on your behalf. If the refusal is worse than the DUI you can probably plead it down to the DUI, but you don't need a lawyer for that.
-FF
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shags420
Stranger


Registered: 02/22/09
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Re: Got a DUI. Do I need a lawyer? [Re: fastfred]
#11036164 - 09/10/09 07:06 PM (14 years, 8 months ago) |
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you got that shit backwards, refuse the field sobriety test and keep your mouth shut and take the breathalizer at the station. I say always get a lawyer. a lawyer could be the difference between being fucked to the full extent of the law and being "slapped on the wrist".
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ThePheonix
FormerlyKnownAsWunBadMoFo


Registered: 08/05/09
Posts: 486
Loc: ThePheonixIsEverywhere
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Re: Got a DUI. Do I need a lawyer? [Re: shags420]
#11036224 - 09/10/09 07:19 PM (14 years, 8 months ago) |
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Quote:
you got that shit backwards, refuse the field sobriety test and keep your mouth shut and take the breathalizer at the station. I say always get a lawyer. a lawyer could be the difference between being fucked to the full extent of the law and being "slapped on the wrist".
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Got a DUI. Do I need a lawyer? [Re: ThePheonix]
#11039525 - 09/11/09 10:02 AM (14 years, 8 months ago) |
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Quote:
I say always get a lawyer. a lawyer could be the difference between being fucked to the full extent of the law and being "slapped on the wrist".
It's easy to parrot bad advice. Again, they have him dead to rights with a refusal and/or a DUI. They could easily get either since they have a legal stop, a failed sobriety test, and a refusal of the breathalyzer.
All a lawyer is going to do is make your total cost double or triple. There's no harm in getting a consultation on the case, but unless he left out something major he's got no case whatsoever.
Again, first DUI penalties are standardized. It doesn't matter if you have the best lawyer in the world or if you show up to court drunk and mouthy.
The only wiggle room you have in this situation is #1 your alcohol evaluation (if your state makes you take one) and #2 getting restricted driving rights back.
Neither situation matters much if you have a lawyer. You can't take him with for the alcohol evaluation. And restricted driving privileges depend 99% on if you have a job or not. No job and there's no chance in hell you're getting privileges back, if you have a job you will almost certainly get them back.
-FF
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Amber_Glow
Sat Chit Anand


Registered: 09/02/02
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Re: Got a DUI. Do I need a lawyer? [Re: Amber_Glow]
#11047780 - 09/12/09 06:21 PM (14 years, 8 months ago) |
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My parents decided to go ahead and get the best lawyer in the area. I think the main concern here is not the penalties such as loss of license, fees, community service, etc. but the main hope is that a deal can be cut and I will not be stuck with a criminal record for the rest of my life.
My parents will be shelling out at least 10,000 for this. But the tradeoff might be that I can land a decent job sooner having no criminal record so I can pay them back. My family really is not well off and is making a major sacrifice. Bleh.
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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: Got a DUI. Do I need a lawyer? [Re: Amber_Glow]
#11047924 - 09/12/09 06:54 PM (14 years, 8 months ago) |
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Don't fuck your parents like that. A DUI is a minor charge (unless you're trying to get into Canada).
Also what you're looking for then is a withheld judgment. A public defender will do just a well at getting you one as the spendy lawyer. In fact I've seen a couple people ask for and get them on their own, it's not difficult.
$10k is WAY too much to spend on a lawyer. The best lawyer in your area should be only about $2-3K. $2k is fairly standard most areas I've been, and that covers everything excluding the jury trial, which is extra. Since you're not fighting your case in any way and are simply having someone speak for you at sentencing it should not cost you nearly that much.
In fact a priest or teacher is just as good of a bet if you educate them a bit on what standard outcomes are.
If you spend $10k you will cry yourself to sleep when you realize that lawyer spent about 20 minutes total on your case.
All you have to do is state your case. No record, not a problem drinker, admit your mistake, express regret, and explain why you want and deserve a withheld judgment. If your judge gives them out to people who ask you'll get one.
Usually they want to know why the hell you want one in the first place. It costs more than a DUI, it's still on your record to some extent (still have a DUI arrest and still have a DUI withheld judgement), it's a lot of work (writing progress letters monthly), you have highly restricted rights for at least a year (no drinking or even entering a place that serves alcohol), you're on probation for a year, and any violation whatsoever and it all comes back on you. All you have to do is be spotted at a bar or restaurant that serves alcohol and the charge comes back and you start over.
Good luck, and don't trust a lawyer that would screw you over that bad for 20 min of work.
-FF
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Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 21 hours
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Re: Got a DUI. Do I need a lawyer? [Re: Amber_Glow]
#11049488 - 09/12/09 11:47 PM (14 years, 8 months ago) |
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Quote:
My parents will be shelling out at least 10,000 for this.
You don't even need a lawyer. Its not worth the money.
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ThePheonix
FormerlyKnownAsWunBadMoFo


Registered: 08/05/09
Posts: 486
Loc: ThePheonixIsEverywhere
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10,000!!!? What are you resurrecting johnny Cochran?
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MasonsChild
Fellow Traveler>^..^<

Registered: 03/18/05
Posts: 657
Loc: Upper Midwest
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Re: Got a DUI. Do I need a lawyer? [Re: ThePheonix]
#11057352 - 09/14/09 11:59 AM (14 years, 8 months ago) |
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I dissagree with canceling your car insurance. What you should do is pay as much as you can before sentencing. See if you can pay a year of premium or at least six months. They usually don't find out about it unless they have a reason to revise your coverage. once they cash the check you are good for the full term and they will not increase or revoke you until it expires. They probably will not know unless your agent tries to get you to change you coverage or plan.
And a lawyer would just be a waste of more money.
-------------------- Truckin' ain't for Sally's
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