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need some legal advice!

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need some legal advice!

  #11  
Old 10-25-2009, 08:56 PM
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wow man thats tough and i'm not going to tell you how bad a DUI is or anything like that but i would at least talk to lawyers and see what they can do for you (if anything)
 
  #12  
Old 10-25-2009, 10:23 PM
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PM me some details, I have a little knowledge in the subject and from experience, get an attorney. Your court date is probably 1 1/2 to 2 months out, do some research and find one with a good track record of similar cases. If you throw yourself on the mercy of the court expect it to linger over your head for many years as most will not have any sympathy for you. You have the right to fight it for a reason.
 
  #13  
Old 10-26-2009, 08:37 AM
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There are a lot of details you didn't give that can make a huge difference in court also. What did you blow, any damage or just a pull over, where (in a school zone?) what time? depending on the answers, even with a atty, the DA may not accept a plea bargin..
 
  #14  
Old 10-26-2009, 12:05 PM
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Don't know the whole story, did they breathalyze you? (breathalyzer results don't mean jack in court). Did you pass the sobriety test? what was your BAC? I would say get a lawyer, DUI convictions are the hardest offenses to contest for a police officer. A GOOD lawyer will scrutinize their work and review it carefully for any incorrect or misleading info. Some people have had BAC's of .27 or in that area who were not convicted because they "did not look drunk on the video camera". Feel free to send me a PM if you want.
 

Last edited by 02Steve1990; 10-26-2009 at 01:04 PM.
  #15  
Old 10-26-2009, 12:56 PM
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I think you should at least call a couple of lawyers and see if you have a case before you actually get a lawyer
 
  #16  
Old 10-26-2009, 05:58 PM
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While I really have no sympathy for drunk drivers I will say get a lawyer and get one who specializes in DUI cases. Ask friends or aquaintances who have gone through the same thing for referrals. Also be prepared to pay dearly for it. There is a reason that some lawyers specialize in DUI's. It's a very lucrative business and they know how badly you want to keep your license. If you get out with under $10,000 in legal fees and your license consider yourself lucky. Being your first offense will be in your favor.

I almost always drink at home and let my wife know NOT to let me even go near a set of keys. On the rare occasion that I do go out I am always sure that I have a sober driver to COME GET ME. Do not let one of your buddies "who is good to drive" take you anywhere!
 
  #17  
Old 10-26-2009, 06:20 PM
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ok here is the deal. first offense,
blew on a portable breathalyzer in cop car, was not told results .
blew again at sheriff's dept. .166.
failed road side test
also got speeding ticket 65 in a 55
did not wreck or anything simple speeding stop.
there is no cab service within 100 miles of me,
the town i was arrested in has a whopping 1400 people in it.
pulled over by state patrol in a non populated stretch of highway

i will take all the consequences, i just cant lose my license, im a single father and need to haul my lil one around. at least to school and back.
i talked to one attorney today said he needed $1900
if i dont get a lawyer im looking at maxium of $1500 for everything. but will lose license.

i know i am an idiot! you dont need to tell me. i was very cooperative with the trooper, he cuffed my hands in the front of me and let me sit in the front seat of the cruiser on the way to the sheriffs office. never placed me under arrest and i was immediately released into my cousin's custody, he was responsible for my actions for the next 12 hours.
 
  #18  
Old 10-26-2009, 08:25 PM
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Originally Posted by nim81 View Post
ok here is the deal. first offense,
blew on a portable breathalyzer in cop car, was not told results .
blew again at sheriff's dept. .166.
failed road side test
also got speeding ticket 65 in a 55
did not wreck or anything simple speeding stop.
there is no cab service within 100 miles of me,
the town i was arrested in has a whopping 1400 people in it.
pulled over by state patrol in a non populated stretch of highway

i will take all the consequences, i just cant lose my license, im a single father and need to haul my lil one around. at least to school and back.
i talked to one attorney today said he needed $1900
if i dont get a lawyer im looking at maxium of $1500 for everything. but will lose license.

i know i am an idiot! you dont need to tell me. i was very cooperative with the trooper, he cuffed my hands in the front of me and let me sit in the front seat of the cruiser on the way to the sheriffs office. never placed me under arrest and i was immediately released into my cousin's custody, he was responsible for my actions for the next 12 hours.
It was an arrest. I'm sure they processed you and released you into a sober person's care (your cousin). The fact that you failed the SFST's and blew a higher number at the scene than a .166 (over 2x the legal limit) (and then again at .166 at the station) only built the officer's probable cause to perform a legal arrest in which he did. If they bring up the breathalyzer results in court, I sure hope your attorney will rip their arrest report in their face and let them have it. The fact that there is no cab service and the population is fairly low does not matter, you were DUI. I believe if you do not get a good lawyer you are looking at a 6 month license suspension plus some other punishments as well (up to the judge). If you have a good lawyer you may be able to get your punishments reduced just a bit. Hire a good lawyer who specializes in DUI's or you may be looking at a 6 month suspension of the license/fines/community service, probably no jail time for first offense as you also were cooperative during the investigation.
 
  #19  
Old 10-27-2009, 01:06 AM
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im not using there not being a cab service as a defense, just letting everyone know who told me to take a cab. i know i was dui and i am not fighting that fact , just cant lose my license .
 
  #20  
Old 10-27-2009, 01:31 AM
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You're state may be different,but in Louisiana you have to request an adminastrative hearing withing a certain amount of days after you are arrested. The amdinistrative hearing is for you're DL. It is done by the state. Get a Lawyer that specilises in dui. It is possible he can find a technicality or at worst get you through the court system without them bending you over with no lube.

I got to keep my DL because the papers on the breathylyzer didn't match the one they had on the report. Even if I wouldn't have beat the charge I would have still been happy with the tousand or so dollars I spent.

Just make sure you get a DUI lawyer. The admin hearing is usally done by the OMV.

If you need anymore help let me know, I am about to get my DL back this friday.GOOD LUCK!
 

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