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Is my dui case good enough for a dismissal? Please let me know what I should do. Its my first dui offense =(?

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Question by V.sayTUrn: Is my dui case good enough for a dismissal? Please let me know what I should do. Its my first dui offense =(?
I’m 22 and I drink on special occasions. Just that one night i chose to go out alone I drank to relax and have fun. Leaving an hour gap beforeheading home, I take of and of course I got pulled over. around 12 am on the 30th, and was trying to head home from the club. five minutes of driving I get pulled over. I had about 3 drinks and a beer all in 6 hours of being there. Cop says I was serving, so I agreed to cooperate with everything. He gave me about 5 field tests which he commented about how I was doing better than most people, I stumbled because of my nerves but I;m 90 percent sure I did them all well then he decides to give me the breathalizer. After the second blow he told me “Unfortunately your level is over the legal limit and I have to place you under arrest” for a dui having a bac level of .089 . sacramento, ca downtown I st where I got pulled over, isn’t the best place to drive, due to pot wholes and of course cars parked on the side, and a busy st.which i swerved for, i was driving on a one way st the lane all the way to the right. then 5-10 minutes later we arrive to the station where he then told me to take another breathalyzer, I then blew .077, he didnt explain what was going to happen with that, but i knew for sure I was below then. The officer was really nice,didn’t tow my car and thanked me for cooperating the whole time and says he’ll put in a good comment on the document? at this point i was thinking (THEN WHY ARREST ME? ) so of course scared and nervous I just continued following direction and next thing I knew I was in the tank for 17 hours! Their system was down and couldnt finger print us? so now we’re stuck waiting because they can’t fix there system? It was quite an experience. I just need advice and help, should I get a lawyer and fight this? or will it be a waste of money. Will the public defender do much for me? Its my first offense and I’m really scared and not sure which step I should take.

Best answer:

Answer by charles
firt of all you are BARELY over the limit.Thats good.I would fight it with a public defender.The reason being YOU ARE GOING TO LOSE but your lawyer can make sure you get light punishment(assumeig this is the first
time you been arrested b4)they might even work a deal where it will disappear as long as you dont get into trouble again.EVER.ever again.
THEY Are prety ight on 1st offenders.but def. GET A LAWYER

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June 7th, 2014 at 9:11 pm

What should I plead in my DUI case if I just want time to get a lawyer?

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Question by Tee: What should I plead in my DUI case if I just want time to get a lawyer?
Happened in Virginia…blew 0.14…first offense.

Obviously I can’t plead “guilty” because everything would be done and over with and I wouldn’t be able to have an attorney.

I don’t feel right saying “not guilty” because I doubt I have a legit case. But at the same time, I’d have time to get an attorney if I say this.

I’ve heard that pleading “no contest” is the same as pleading guilty.

So what do I do? My arraignment is in two days and I doubt I’ll have a lawyer by then, but I think I want one (to see if the charges can be lessened, etc.)

What should I plead if I just want to buy time to get a lawyer?

Best answer:

Answer by omg_gogo
Well you could have taken the dui class before your court date, it will help you A LOT. but since you said the court date is in 2 days. Then yea, you should plea no contest. It means you neither admit or denies the charges. Usually they will give you a good plea bargain versus admitting the charges and receiving the full term.

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Written by admin

May 25th, 2014 at 9:10 am

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I need help with a DUI Case?

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Question by Lance Wolverine: I need help with a DUI Case?
In Montana, Flathead Tribal Land
OK, Last friday I was suppose to drive a few friends around while they drink. We went to this house party and I ended up drinking. The cops were called and I tried to get out of their as soon as possible since Im only 18 with two MIP’s on the same reservation. But, all night i was trying to go home before the house party and even at the house party i was trying. I didn’t know anybody their or nobody will drive 20 miles out of town to get me and drive me home. So when the cops came my friends told me to drive their car. I was pulling out and that when a cop stopped me. I took a Breathalyzer and Did series of tests. I Blewa .115 or i really don’t understand but hundered something. I told them i Was drinking but i told them i was trying to drive them home. They gave me a DUI. And brang me to the jail where i was filmed and took the same tests again. I did another Breathalyzer and blew .220 something and then they brang me home. I don’t know what to do i have a Traffic court on Wednesday and Should i plead guilty or not guilty? Another thing I have family in Canada, My mother. And I see her every few months. Also This is my first offense, Im only 18 years old, I was trying to help somebody out, Really didn’t drive but was trying to at the party. Do I have a good chance of getting out of it? I am a College student and Will it be on my record and will I bee able to cross the border? Im really scared and depressed. I need advice ASAP. And will it be replenished or thrown out after court if I pay fines, take classes or ect. And can it be lowered to a different crime. Will it be a felony or misdemeanor or traffic or alcohol violation. NOTE: I need to get to canada! I need advice please help. I would greatlyappriciate it.

Best answer:

Answer by The Truth Hurts
You say…” need help with a DUI Case” – you need a criminal defense attorney, that simple.

they brang you? brang? No such word I don’t think..

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Written by admin

May 23rd, 2014 at 3:11 pm

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Q&A: So I got a DUI, here is my case, what’s gonna happen?

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Question by meowmixplsdeliver: So I got a DUI, here is my case, what’s gonna happen?
It happened in Ventura County, CA (the worst place I heard to get a DUI). It’s my very first offense. I’ve never been in trouble before. Now here is the crappy part. I’m pretty sure my BAC was .37
I also hit a traffic cam and a parked car. I was taken to the hospital via ambulance cuz I was hurt and disoriented (so I didn’t go to jail), but the police report says that a witness talked to me and that I threw up (I don’t rememeber this). I had split my liver and had lacerations to my knees, The witness called the police and I guess he came out and I got a citation for drunk driving. Then they did a forced blood test at the hospital, and I had my follow up today and I’m pretty sure it was a .37
What kind of punishment am I going to get, jail wise? I’m trying to get out of it as much as possible. I started going to AA meetings and am going to have a card to bring to my court appt (which is Sept 8th), Will that help?
I just want to know what I’m looking at jail-wise, and how to get out of it (or lessen it).
I can’t afford a lawyer. It will have to be a court appointed public defender.
And yes it was .37, I have the lab results

Best answer:

Answer by Zach
Your BAC wasn’t .37, you’d be unconcious and near death.

Doubtful your reading was .37… your at .35 when you are put under for surgery.

More than likely what will occur is you will lose your license, have to take alcohol class, in my state it’s called SATOP. I doubt you’ll go to jail. Hefty fines, losing your license for a while, probation, community service and some sort of alcohol education class.

If you can afford an attorney, contact one immediately. If not, contact the court about a court appointed attorney.

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Written by admin

May 16th, 2014 at 9:11 am

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Help on miranda rights in a DUI case.?

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Question by arabella elyse: Help on miranda rights in a DUI case.?
My roommate was arrested for a DUI but the cop never recited her Miranda Rights to her. He told her she had no choice but to submit to chemical and blood tests and he also asked a few more questions after she was put in handcuffs. She was scared and didn’t know that she had the right to talk to an attorney before she had a blood test. When she asked if she could talk to an attorney before getting the test, they said no and did it anyways.
I have taken law enforcement classes and thought that was illegal to do this, but all the information I have gotten is mixed so I was wondering if anyone knows more about this than I do. Advice is very much appreciated. Thank you! : )

Best answer:

Answer by Jennifer
In Nevada you really dont have the option of contacting an attorney before they test you – if you refuse a blood or breath, they will simply obtain a warrant from the judge that is on call and strap you down and either take you blood or swab you forcefully. It is after the booking procedure that they will allow you the phone call.

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May 11th, 2014 at 9:10 pm

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Do you think i can win this case in the court of law? (Real opinions please)?

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Question by Jumper: Do you think i can win this case in the court of law? (Real opinions please)?
I am 18 years old. Before you judge i have already admitted it was an irresponsible decision on my part but, that is besides the facts.
A couple weeks ago i was pulled over for speeding (60 in a 40)
Before i left my house i had a drink, a small amount of vodka with fruit punch, mostly fruit punch though.
When the officer asked me to step out of the vehicle (there was another passenger, that’s why he did this) he asked me if i had been drinking. I am an honest person and could have lied my ass off and gotten away, but i said yes officer i have. He gave me 2 sobriety tests, i passed both. He then attempted to give me the breathalyzer test 5 times, all failed due to the hot weather, the machine wasn’t getting a reading. So i got arrested and was taken to a qt parking lot where i got my blood drawn. I took another breathalyzer test and it came out 0.67.
Now, i went to court and claimed not guilty to the charge against me which was a DUI. But i wasn’t drunk, had no feelings of being drunk or buzzed for that matter.
I believe i should only be charged with my speeding violation.
Also, to add to it, while i was in the big van getting my blood drawn, the officer that arrested me and another man were openly mocking me while i was getting a needle shoved up my arm. Making rude comments on my weight, saying things like “I wanna make a bet to see how many viles we could fill of her blood before she passes out.” I became very embarrassed and almost started crying.
Now, when i go to court and sit in front of the judge, in your opinion do you think i can win this case?
I know i was underage, but i was not drunk and showed no signs of it, with prove of passing all 3 tests.
May i add the rude comments made by the police were numerous, comparing me to Olive Oil from Popeye, and saying i looked like a stick and etc..
And when he clocked me in at 60, i was in the middle of passing another vehicle to get around them because they were doing 35 in a 40.

Best answer:

Answer by Artemisc
It’s highly doubtful you can get out of it. If ou have a ton of money to buy a good lawyer, maybe but otherwise, judges tend to side with the cops.

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April 16th, 2014 at 9:16 pm

can i get judge to dismiss dui case after winning my dmv hearing?

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Question by NATAS: can i get judge to dismiss dui case after winning my dmv hearing?
my laywer won my dmv hearing cuz the cop didnt have probable cause and instead of observing me for the required 15 minutes he only gave me 9 minutes..on his narrative he said my speech was slured and on page 2 of the pas form he put speech was normal,he got my last name wrong and also my race..my laywer made the cop sound like an idiot at the dmv hearing and if the cop didnt have probable cause why is the district attorney still trying to persue this case?D.A. already offered me a wet reckless but forget that noise im trying my luck in a jury trial
@bradley,i wasnt even driving and car was inoperable and theres evidence the cop didnt have proble cause and you want me to take a deal?wet reckless is basicly a watered down dui..my job requires having a clean license so its take my chances with a jury or lose my job anyway by takeing a deal?!

Best answer:

Answer by Cynthia Pickles
Yes, they can, so long as you can take as much clothes from a shop without paying for them.

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April 3rd, 2014 at 9:12 pm

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DUI Case Under 21- Whom to hire, public or private?

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Question by Abhishek Aggarwal: DUI Case Under 21- Whom to hire, public or private?
I was recently arrested for an OWi. I was trying to drop a few of my friends home. I was driving ok(had to drive them only 3 blocks as they were way too drunk and would have gotten into an accident). I took the car keys and drove my friends car. But as it was a new car something I never drove before I forgot the headlights and got a pulled over. I was arrested and taken to the police station where the officer asked me to blow in the machine. He never disclosed me what I blew at the road stop. But he told I blew a 0.09 at the station. He never read me my miranda rights eighther. The judge next day released me from jail without any bond. Now I am facing with a dilema as to hire a private attorney or a public defendant. Money is tight right now and I have an internship starting in 2 months. Please advice. And please intelligent answers as I already know I was stupid and have realized my mistake now and would seriously like to ammend it.
I know all I did was bad but what I am asking is whether is it worth to hire a private attorney or should I go with a public as I am looking at deffered judgement as all the attorneys have told me.

Best answer:

Answer by Badge203
First you are under 21, so it makes no difference what you blew. There is a ZERO tolerance for alcohol . All he had to do was smell it on your breath for a MIP charge

Second he does not have to give you a Miranda warning and he does not have to tell you what you blew because it makes no difference

And you can not obtain a public defender for a minor in possession charge

You will be found guilty just on the officers testimony and evidence he has such as the BAL you blew at the station

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March 29th, 2014 at 9:13 pm

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What does an attorney do for a DUI case?

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Question by O.K.: What does an attorney do for a DUI case?
I recently made a terrible mistake drank a few beers and drove and I got pulled over. I blew and got about a .12, obviously above the legal limit. I hired an attorney and he told me to plead not guilty. I haven’t really been able to get a hold of him and I don’t know exactly what he will do for me. I don’t know what the point is to plead not guilty if I am guilty. I really wonder if an attorney can do anything for me or if I will just have to pay for an attorney and suffer the consequences of my DUI (financially and otherwise). If anyone has any answers as for what an attorney’s role is in a case like this I would greatly appreciate it. It my first moving violation of any kind and I’ve been driving for about 6 years.

Best answer:

Answer by Philip McCrevice
He knows the DA, and they usually work with each other.

He can try and make sure you don’t do any jail time. Just the fines, AA meetings, counseling, restricted license for a year (only to and from work).

You can not hire one and hope for the best, but it’s always good to have someone in there that knows the rules.

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Written by admin

March 25th, 2014 at 9:10 am

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Hi DMV Question…DUI COURT CASE?

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Question by Geovanny Aguilar: Hi DMV Question…DUI COURT CASE?
ok so i got a DUI last year on october. but i went 2 trial for it plead not guilty nd went 2 a jury trial the jurors decided that i was not guilty and no charges were filed afer that and they came up with that i was not driving that night…but i went 2 the dmv and they still had me as the driver and had a DUi and want me 2 get the SR-1 when i got not guilty in trial..they messed my life up i got no license cant work cuz i dont got a license..how can i make them give me my license when i was found not guilty they still want 2 give me a DUI when i wasnt the driver..THis is in the State of California…can i sue them they messed the beggining of my life i have no money cause of this
by the way im 19…they suspended my license till this october they said cuz i was a drunk minor but still i shuldnt get a dui cuz i was not driving..wat can i do
WAT I WAS TRYING 2 SAY I WAS NOT THE DRIVER THAT NITE IT WAS MY CAR BUT I WAS NOT THE DRIVER the POLICE JUST ARRESTED ME for being DRUNK nd put me as the DRIVER when i was not the driver it was al resovled in court its fuken stupid
And they my suspension is almost done all i want is the DUI off cuz im Innocent

Best answer:

Answer by q S
There are actually two parts to your crime.

The first part is the DUI Jury Trial

The second part is the administrative hearing at DMV. DMV doesn’t care what the jury thinks. They suspend your license if you were over the legal limit or refused to cooperate with the blood or breath test.

If you are charged with minor possession or consumption of alcohol they also have to issue another driver’s license suspension.

Your attorney should have explained all of this to you.

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February 16th, 2014 at 9:11 am

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