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Old 02-12-2013, 01:49 AM   #21
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Get him Lindsay Lohan's lawyer and he'll walk...

Cheers!

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Old 02-12-2013, 01:54 AM   #22
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Quote:
Originally Posted by iaefebs View Post
Yes our system is like that. What happens is you get arraigned, and that is a first pretrial. You get all the paper work pertaining to your arrest. Then you negotiate with the prosecutor for a favorable sentence. If you work out a deal you go to the second pretrial and plead guilty, if you can't work a deal you schedule a court date. You can ask for a jury or the judge to listen to the case. A no plea or standing mute here gets entered as a not guilty plea and is no real advantage.
Makes a bit more sense. Only thing that doesn't is them actually asking for a plea at the first pretrial. As someone said before it throws them out of whack if someone ever pleads guilty at first pretrial, probably make sense for the judge to just "assume" that the plea is not guilty and never ask the question
Sorry for getting off topic.

Just reading through the CA DUI website.
First offense is up to 6 months jail, up to $1000 fine plus penalties.
0.2 is 2.5x the legal limit I would expect him to be getting close to the maximums if he does not have anyone fighting in his corner.
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Old 02-12-2013, 02:07 AM   #23
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Preface: I say you but I mean your brother


Admit nothing, deny everything, delay delay delay. At least that's what one of my asshole lawyers told me. I've been down that road. Twice. I know...I'm an idiot. Here's my best advice. Look in to the DUI laws. I got mine in Louisiana. we have article 894 which is a freebie...sorta. You pay the fine, do some community service, and see an alcohol councilor and it wont go on your record. Plan on having to do this anyway so do all of this AHEAD of time. Have your paperwork ready when you go in to see the judge. It may work it may not. It will at least show the judge you're not entirely irresponsible. If you blew well don't bother pleading not guilty. There are circumstances where it would be a good idea but 0.2 is...well hammered. You can get a public defender but it will be dragged out for a LONG time. Without a lawyer best thing to do is get past this as quickly as possible. If you express to the judge that you messed up and you want to get this behind you as quickly as possible he will see that. But It all comes down to the judge and how he's feeling. The most important thing that will save you is to present yourself as a stand up individual. Iron your shirt cut your hair and nails and for god sakes get some decent shoes. stand out from the riff raff in the courtroom. $hit happens to good people and judges know that. Plus you got 12 hrs in the drunk tank. That counts for something. Good luck man. Hope this helps. There is one caveat. A good public defender did get my friend off on careless and wreck less BUT he didn't blow.

Unless you are 100% sober. NEVER BLOW!!! You basically give the cops the keys to lock you up.

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Old 02-12-2013, 02:18 AM   #24
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From the 2013 California Driver Handbook

Court Dui Convictions

If you are convicted of Driving Under the Influence (DUI) of either alcohol and/or drugs or both, and you have an excessive BAC level,you may be sentenced to serve up to six months in jail and pay a fine between $390—$1,000 (plus about three times the fine in penalty assessments) the first time you are convicted. Your vehicle may be impounded and is subject to storage fees.

On the first conviction, the court will suspend your driving privilege for six months and require you to complete a DUI program before your driver license can be reinstated. The length of the program may vary. If your BAC is 0.15% or higher, and you already have a record of violations for other reasons or you refuse to submit to a chemical test, the court may order you to complete a nine-month or longer program. If your BAC is 0.20% or higher and the court refers you to an enhanced DUI treatment program, your driver license will be suspended for 10 months. You could also be required to install an ignition interlock device (IID) on your vehicle. A court may also order you to install an IID if your BAC is 0.15% or higher, you have two or more prior moving violations, or you refuse a chemical test at the time of your arrest. An IID prevents you from starting your vehicle if you have any alcohol on your breath. If anyone is injured as a result of your DUI, the suspension period is one year.

Effective July 1, 2010, through December 31, 2015, all first time and repeat DUI offenders convicted in Alameda, Los Angeles, Sacramento or Tulare Counties are required to install and maintain, for a specific period of time, an IID on all vehicles they own and operate and pay a $45 administrative service fee to reinstate their driving privileges (CVC §23700).

In cases involving serious injury or death, you may be punished under the California Three Strikes Law. You may also face civil lawsuits. All DUI convictions will remain on DMV’s records for 10 years. The courts and/or the DMV may impose more stringent penalties for subsequent violations during that period.

A BAC below legal limits does not mean that you are safe to drive. Almost all drivers show impairment by alcohol at levels lower than the legal limit. The impairment you exhibit at the time you are stopped may be enough to convict you of a DUI even without a BAC measurement.

Drivers 21 and Older —DUI Programs and Restricted Driver Licenses

The completion of a Driving Under the Influence (DUI) program is required for all DUI convictions. Generally, if you are over 21 years of age, enroll in a DUI program, file a California Insurance Proof Certificate (SR 22), and pay the restriction and reissue fees, the DMV will issue you a restricted driver license, which allows you to drive to/from work and during the course of employment (unless you hold a commercial driver license) and to/from a DUI program. However, if you are considered a “traffic safety” or “public safety” risk, if permitted to drive, the court may order the DMV to not grant you a restricted driver license. Other actions against you may also prohibit the issuance of a restricted driver license.

Second and subsequent DUI convictions result in increased penalties, including a two-year suspension or a revocation of up to four years. After you complete a prescribed period of your suspension/revocation and either enroll in, or complete a portion of, a DUI program, you may obtain a restricted driver license to drive anywhere necessary, if you:
• Install an IID on your vehicle.
• Agree not to d rive any vehicle without an IID.
• Agree to complete the prescribed DUI program.
• File an SR 22.
• Pay the reissue and restriction fees.

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Old 02-12-2013, 02:26 AM   #25
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A DUI is a criminal charge, and thus your brother can get a court-appointed public defender at little or no cost. Honestly, as an attorney, I can say there is some really bad advice in this thread, and your brother's best bet is to sit down with a public defender at the very least. He needs real legal advice. I know these people are trying to be helpful, but...

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Old 02-12-2013, 02:28 AM   #26
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Quote:
Originally Posted by mattd2 View Post
Makes a bit more sense. Only thing that doesn't is them actually asking for a plea at the first pretrial. As someone said before it throws them out of whack if someone ever pleads guilty at first pretrial, probably make sense for the judge to just "assume" that the plea is not guilty and never ask the question
Sorry for getting off topic.

Just reading through the CA DUI website.
First offense is up to 6 months jail, up to $1000 fine plus penalties.
0.2 is 2.5x the legal limit I would expect him to be getting close to the maximums if he does not have anyone fighting in his corner.
Around here you have to be arraigned quickly. The arraignment day is just to show you the evidence and to make sure you understand your rights. On a typical day of arraignment the court is processing a huge amount of cases, it can be drunk driving, foreclosure, domestic abuse, assault.... anything. It is just used to get the process started. The courts can not enter a not guilty plea for everyone because it's our laws. Because of the number of cases scheduled for that day any hiccup, a person pleading guilty slows the agenda for the day. The court prefers that you hire an attorney prior to the first pretrial so that you don't even have to show up to make a plea.
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Old 02-12-2013, 02:30 AM   #27
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Quote:
Originally Posted by TexasSpartan

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.
This was what my second attorney was going for. But first of all you have to afford one to get those "privileges" unfortunately a court appointed attorney is often time close acquaintances with the judge and that won't fly. Even my admit nothing, deny everything delay DELAY DELAY! lawyer didn't do anything but lighten up my bank account.

Suck it up. Pay the piper and don't do it again. It's his first one. I highly doubt jail time will be in his future.
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Old 02-12-2013, 02:31 AM   #28
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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!
just tell him "Bend over buttercup"
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Old 02-12-2013, 02:33 AM   #29
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Quote:
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This was what my second attorney was going for. But first of all you have to afford one to get those "privileges" unfortunately a court appointed attorney is often time close acquaintances with the judge and that won't fly. Even my admit nothing, deny everything delay DELAY DELAY! lawyer didn't do anything but lighten up my bank account.

Suck it up. Pay the piper and don't do it again. It's his first one. I highly doubt jail time will be in his future.
Maybe you ran into a ****ty situation, but this advice is terrible. It is one thing to give advice about brewing beer based on anecdotal evidence, but it is something far different to give legal advice based on anecdotal evidence.
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Old 02-12-2013, 02:33 AM   #30
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Quote:
Originally Posted by SittingDuck
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.
Dude this isn't CSI Miami. He blew, he's guilty. Short of the machine not being calibrated properly there is very little a lawyer can do. Aside from the cop getting fired I guess...
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