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bigbeergeek · 02-11-2013, 11:00 PM

My brother spent 14 hours in the county drunk tank last night. He allegedly swerved, was pulled over by highway patrol, passed his field test and proceeded to blow something high (perhaps a 0.2? He can't remember). He's guilty, he messed up big time, he could have hurt himself or the innocent and he deserves whatever's coming to him. I hope that covers the requisite judgement etc.

Does anyone have any advice on what to do/expect? He's in CA. His funds are limited so no DUI lawyer. Who has experience with DUIs?

Thanks all!

jakenbacon · 02-11-2013, 11:11 PM

I do! I always laugh at that quote.... "A man who represents himself, has a fool for a lawyer" or however it goes.... But any who, because he blew so high, and probably told the police everything at the police station, have him go to the first court date, and plead not guilty, so that he can look over exactly what they are charging him with, with some time and peace. Then, when the second date arrives, if the charges seem legit and he knows he is responsible for those charges (not some other crazy charges they sometimes add to reem you) then go to the court date as determined, plead guilty, and get what you deserve. Jail is not that bad, the money they take from you is however, but then again he deserves it. A lawyer in a case like this is only going to take 5 grand and your bro will be left with the same charges. I received a DUI 2 months after I turned 21, best thing that ever happened to me, couldn't imagine hurting my family or some innocent one's now. I was so f**kin dumb.....

**SpottedDogBrewing** · 02-11-2013, 11:38 PM

Start going to some AA meetings, that will at least show you are looking for Help. I would guess if this is your first time and the counselor doesn't see you needing any extra help you may not get jail time but a hefty fine up to $1200-1500 plus have to attend a few AA meetings and meet with a court appointed counselor until they feel you are OK.
Wear some nice cloths , get a nice haircut, don't be a dick to the judge or you will get screwed.

bigbeergeek · 02-12-2013, 12:10 AM

Quote:

Originally Posted by SpottedDogBrewing

Start going to some AA meetings, that will at least show you are looking for Help. I would guess if this is your first time and the counselor doesn't see you needing any extra help you may not get jail time but a hefty fine up to $1200-1500 plus have to attend a few AA meetings and meet with a court appointed counselor until they feel you are OK.
Wear some nice cloths , get a nice haircut, don't be a dick to the judge or you will get screwed.

I'll pass the advice to my brother.

Billy-Klubb · 02-12-2013, 12:11 AM

and next time you see him, punch him in the ear. and hard.

Cathedral · 02-12-2013, 12:22 AM

Quote:

Originally Posted by SpottedDogBrewing

Wear some nice cloths , get a nice haircut, don't be a dick to the judge or you will get screwed.

This is probably the best advice anyone could ever heed when going to court. I went to court once and the guy who went just before me talked back a little. He got thrown in jail for contempt of court. I went up there and "yes, ma'am" and "no, you honor"ed my ass off. I got off with a $20 fine.

As for the DUI, I was charged with one once. I hired a lawyer that cost me $3000 dollars and did absolutely nothing but keep extending the trial date.* We live in the 21st century--your brothers arrest was caught on multiple cameras and microphones. The best thing he can do, IMO, is to just be humble, admit guilt, and take what he deserves. He will be fined out the ass and might have to do a week in county, but that's not a big deal. He WILL lose his license but can get work priveleges. All in all the first DUI isn't bad. I've been through worse.

*side story: ironically, during the time he kept extending the date, the cop who arrested me was fired for police brutality. Thus, he couldn't show up to testify against me and I was let go. Then, even more ironically, the DUI lawyer later lost his license, and was sent to jail, for scamming his clients. Isn't life grand?

TexasSpartan · 02-12-2013, 12:34 AM

Quote:

Originally Posted by Cathedral

As for the DUI, I was charged with one once. I hired a lawyer that cost me $3000 dollars and did absolutely nothing but keep extending the trial date.* We live in the 21st century--your brothers arrest was caught on multiple cameras and microphones. The best thing he can do, IMO, is to just be humble, admit guilt, and take what he deserves. He will be fined out the ass and might have to do a week in county, but that's not a big deal. He WILL lose his license but can get work priveleges. All in all the first DUI isn't bad. I've been through worse.

*side story: ironically, during the time he kept extending the date, the cop who arrested me was fired for police brutality. Thus, he couldn't show up to testify against me and I was let go. Then, even more ironically, the DUI lawyer later lost his license, and was sent to jail, for scamming his clients. Isn't life grand?

This is bad advice. Do not listen to this. Hire an attorney. If you cannot hire an attorney, see about getting a court appointed one. There is no reason whatsoever to go in and plead guilty if you don't have to.

It sounds like Cathedral beat the charge because his attorney kept delaying. So instead of having a conviction on his record like he would have if he followed his own advice, he beat the rap.

**hoppyhoppyhippo** · 02-12-2013, 12:35 AM

Find a lawyer he can afford or at least get a public defender. Cannot represent yourself. He could be looking at severe fines, loss of license, jail time, etc.

I agree going to AA meetings is a good step in the right direction, the fact that there wasn't an accident is semi-mitigating, and I think he should offer to have an Interlock Ignition Device at his hearing but it may be required anyway so it wouldn't make a difference.

this site has some very basic information and potential lawyer contact

http://dui.drivinglaws.org/california.php

Beerrific · 02-12-2013, 12:38 AM

Every state is different in terms of what having lawyer can and can't do, but you really should convince your brother to at least sit down with a DUI lawyer and discuss his options. In the long run, begging for or borrowing the cash for lawyer may pay off.

**SittingDuck** · 02-12-2013, 12:44 AM

Attorney. Seriously. If he had limited funds, work out a loan or a payment plan. DUI attorneys do this all day, every day. They know the arguments to get you less punishment, they know the prosecutors and can work out better deals, they know how to cross examine police and exclude improper evidence.

Your brother is guilty and deserves punishment, but that doesn't mean he shouldn't get the best deal he can. Consider the attorney fees pay of hits penance.