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Old 02-13-2013, 07:58 PM   #101
iaefebs
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I just got back from my Son's case. He plead guilty to drunk driving. He then had to go to the probation department and answer a 90 question multiple choice questionnaire. In 3 weeks he will return to the court and meet with a presentence counselor. They will decide what sentence to recommend to the Judge. Two weeks later he will appear before the Judge for sentencing. This is in Michigan.

 
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Old 02-13-2013, 08:12 PM   #102
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Definitely get a lawyer or have the court appoint one. Do not plead guilty unless a lawyer tells you its the best move. The police could have screwed up on the procedure for booking him at some point and he could get off on a technicality. You won't know till a lawyer looks at the case.

 
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Old 02-13-2013, 08:19 PM   #103
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My niece got one in CA....I is VERY expensive in this state. Her insurance is so high she no longer drives, she has at least 3 classes she has to attend (and pay for) on their schedule...they don't care about work or school conflicts, if you're late, you pay and that class attendance doesn't count. She's young and I think it was a real eye-opener. Use an attorney!! Figure a total out-of-pocket of about $12,000 when all is said and done....you don't want a DUI in CA.
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Old 02-13-2013, 09:55 PM   #104
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Quote:
Originally Posted by Varmintman View Post
If I remember he lawyered up. So does this mean that you believe two wrongs make a right.

Yup that was the show.

I know that there are times that you need a lawyer and I have used them in the past for divorce and property deals. If you are innocent then by all means get a lawyer. But come on the guy was rip roaring drunk and needs to accept the consequences for his actions. He did not accidentally get into the car and drive after drinking that much. He willingly and recklessly broke the law endangering every body else on the road.

I have no mercy for people like him and most assuredly no respect for him or anyone who defends actions like his.
Buddy-Do you understand we have a Constitution? If one fails to avail themselves of its provisions then they are in danger of losing them. If representation can help this fellow then he ought to be required to have it as it helps protect our rights. I am not making excuses for him, but to advocate just pleading guilty to each an every charge (some of which may not even have been committed) just because he was guilty of some of them is lunacy. The Bill of Rights is there to protect us, guilty or not, and the poor guy should avail himself of his rights and hear the charges against him and have an opportunity to gain whatever relief he can legally find.
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Old 02-13-2013, 09:57 PM   #105
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Why does anyone think a guy that can't even remember what he blew would be likely to get off? As others have said it is not just the BAC they can convict on, the in car camera, police station cameras and officer statements will all tell the story of a drunk guy.
Right now he should be looking at admitting guilt (at the correct stage of the process), and making sure that he does not get treated unjustly.

For thsoe that say he should just take his punishment, would you still say that if what he actually gets is unjustly harsh and ends up ruining his life due to lose of work, fines he can't afford, prison time that affects future work, etc?

 
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Old 02-13-2013, 10:13 PM   #106
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So, everyone is saying that a lawyer can't help because he blew .2, they have him dead to rights. That may be true, I don't know. I'm a civil lawyer, I don't do criminal cases, and I'm in Georgia, not California. But none of you know either, because you haven't been in this guy's shoes in this court, regardless of your other experiences.

What I DO know is that my law school buddy, who does DUI defense for a living, gets people off every day. Even when they blow. Even when there's video. How? I don't know. Calibration arguments, cops not appearing, discrediting evidence, whatever. I don't know. Point is, HE KNOWS, and people pay him for that knowledge and can get a reduced sentence or no sentence.

He also knows how to cop a plea from DUI to reckless endangerment, or some other traffic BS, so that you can avoid those "minimum sentences" and get a better deal. This is his job. He knows how to do his job. It is not the judge's job, or the prosecutor's job, to help you get a better deal or treat you easier of you plead guilty or are cooperative. Those things might help, or they might not. You might get the one that wants to throw the book at you for pleading guilty to blowing .2, and what do you do then?

Probably wish that you'd borrowed a few grand for a lawyer.

 
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Old 02-13-2013, 10:21 PM   #107
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I will say this, the OP wrote he 'passed his field test'; if I had passed the field sobriety test no way I would have blown. That a lawyer might have been able to work with.
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Old 02-13-2013, 11:25 PM   #108
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Don't have time to read through the thread. I got popped in Ca, blew a .15. No lawyer. Owned up in court. Did 1st time DUI program. Spent mandatory 48hrs in jail. Paid couple grand in fines restitution etc. lost license for 6months. Restricted license for 1yr. Probation for five years. Could a lawyer have helped? Don't know. Nothing to debate, I was drunk and behind the wheel. Own up, pay up and move on.
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Old 02-13-2013, 11:31 PM   #109
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Quote:
Originally Posted by Soulrebel View Post
Don't have time to read through the thread. I got popped in Ca, blew a .15. No lawyer. Owned up in court. Did 1st time DUI program. Spent mandatory 48hrs in jail. Paid couple grand in fines restitution etc. lost license for 6months. Restricted license for 1yr. Probation for five years. Could a lawyer have helped? Don't know. Nothing to debate, I was drunk and behind the wheel. Own up, pay up and move on.
Is this the first actual expereince in this thread the comes close to relating to OP's brother? How long ago was that?

 
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Old 02-13-2013, 11:33 PM   #110
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Get a lawyer

 
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