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First offense DUI/DWI Question

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Originally posted by: Panakk
Originally posted by: InfectedMushroom
ok, here's some first hand advice. i've had my DUI some 2+ years ago.
most cases it might not be worth it to get an attorney.
did he get in an accident, or just pulled over and found drunk?

if so, just about ALL first time offenders get a fine (about 1000), probation (standard 2-3 years) and some community work. for all that he doesn't neet an attorney that will cost him more money and not get him anything better than that (i know. i tried).

if he got in an accident, then get an attorney, otherwise plead no contest, and get your standard package and that's life.
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Thanks man.. At least some people know how to give advice.. That's what he wants to do. It's an expensive lesson learned.. He was pulled over and found drunk. He's just going to go an plead no contest and get it over with . The minimum fine here is $400 and so it the maximum. YOu get probation 60 days to 6 months..

That'll teach all my college going friends to stop drinking and driving. Me, I drink, but i stumble home after the bar..
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Tell him to get a lawyer. I would never plead no contest to something like a DUI without a prior arrangement with the DA or judge. You realize he could plead no contest and WHAM jail time.
 
Lincoln, Nebraska



Would it make a difference if it was a sweet little girl instead of a guy who got the DUI?? I'm curious
 
Originally posted by: InfectedMushroom
oh yes, i forgot.
the probation means that if it happens again during the probation time, he will do the jail time for both offenses, so he better not do that again.
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One of my Mom's coworker's husbands had something like that happen 2 DUI's previous one in college, one slightly after. Was out of probation for the second, so he got a longer probation, counseling and a bigger fine. This was all 12 years ago. Then a year ago he gets busted for DUI a third time. This is where the law gets more serious here and he had to serve a month jail time.

His family made it sound like he was the victim and how unfair it was that he was being sent to jail. I can't help but wonder what they'd think if he does it again.

Remind your friend that these convictions can haunt him a lot further down the road, especially if he gets one more.
 
Originally posted by: pulse8
If he as an attorney, that person should already be trying to keep him out of jail. Isn't that their job?

Oh, and NEVER let them test your breath.
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and when you decline, you get a mandatory revocation of your license. its just as bad as far as insurance b/c the reason it got revoked is for failure to do a breathelizer
 
Originally posted by: MemnochtheDevil
Originally posted by: InfectedMushroom
oh yes, i forgot.
the probation means that if it happens again during the probation time, he will do the jail time for both offenses, so he better not do that again.
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One of my Mom's coworker's husbands had something like that happen 2 DUI's previous one in college, one slightly after. Was out of probation for the second, so he got a longer probation, counseling and a bigger fine. This was all 12 years ago. Then a year ago he gets busted for DUI a third time. This is where the law gets more serious here and he had to serve a month jail time.

His family made it sound like he was the victim and how unfair it was that he was being sent to jail. I can't help but wonder what they'd think if he does it again.

Remind your friend that these convictions can haunt him a lot further down the road, especially if he gets one more.
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Did your mum's coworker's husband use an attorney??


 
A guy I grew up with was killed by a drunk driver. People who drive drunk deserve what punishment they get.
 
I know somebody who got his 2nd DWI recently. Basically got off on the first one. His attorney currently has the 2nd one down to 3 months probation and expects to get less than that. I have absolutely no sympathy for drunk drivers. I say throw them in jail for a while. If they do it again, throw them in jail for alot longer, until they get the picture.
 
For the third one he did. Not sure about the first two. Plus it doesn't help if you get into an argument/fight with the cop that arrests you and have lots of little offenses on your record. He got charged with a couple other things along with the DUI.

What I would learn from his case would be: don't anger the judge, don't fight with the police and learn your lesson the first time. If your friend wants to he (she?) could just consult with an attorney and see what he'll get if he just pleads guilty. Should be an hour conversation and only cost around a $100 or so.
 
couple of general info here for everyone.First if u ever get stopped and ask if u drink say no. Don't metter if the officer can smell it a block away. The second u say u did u are giving them probeabl cause. But u after saying no u didn't drink add this i have a cold and i did take dayquile or nitequile(i hope i speeling that right) the reason u need to say that is it has 25% alhocol in it. Now if the office request u take it, refuse and instead tell him u preffer to take blood test. Reason they can't give u a bloodtest on the spoot so they will book u and take u to a local hospital for blood test. Unless u got pulled over right infront of it u will have some more time for the sytem to process the alchocol and with the statement of the 25% alcohol most da(district attorney) will not prosecute the deal. Now in his protecular situation, tell him to get a lawyer, also i hope your friend was smart enough not to take to cops after they read his right to remain silent. Also remmber if cops ask u a question unless its your name of your address just take your 5th. Most of the time they are asking it because they are fishing for eveidence.Also if u get pulled over and they request to search your car say no, if they didn't need your permission to search it they would have done so without even asking u
 
Originally posted by: Azraele
A guy I grew up with was killed by a drunk driver. People who drive drunk deserve what punishment they get.
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Had a high school buddy (after I transferred to another school) take himself out. Sad, but at least he only killed himself when he cut his RX-7 in two with a tree at 65 MPH.
 
Originally posted by: Millennium
Originally posted by: Panakk
Do you really need a lawyer to be able to negotiate with the DA
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What city's municipal court are you dealing with?
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personall i would, if he is not rich then have him requst a public attorney, its better then nothing. (ps remmber if he is not poor and get public attorney he will have to pay for it as if he got private attorney) it all depends on his income.
 
First off, If you are stupid enough to drive drunk and risk your life and the lives of innocent others on road then you deserve to spend time in jail. PERIOD.

I sat on a jury for a DUI a couple of months ago, the guy refused to take any tests, but they used the video as evidence. His actions and the things he was saying were enough for us to find him guilty. The thing that really got me was after the trial, he actually came up to me and said he had to at least try and get out of it! What a jerk.
 
They did not impound the car and the cop was really nice to him.. Did not handcuff him or anything like that. Basically just drove him to the detox center. That was about it..
 
Originally posted by: Ylen13
Originally posted by: Millennium
Originally posted by: Panakk
Do you really need a lawyer to be able to negotiate with the DA
Click to expand...

What city's municipal court are you dealing with?
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personall i would, if he is not rich then have him requst a public attorney, its better then nothing. (ps remmber if he is not poor and get public attorney he will have to pay for it as if he got private attorney) it all depends on his income.
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what if it's a student, no income...
 
perhaps i am a little bias, as my grandparents were killed by a drunk driver 2 days before my 10th birthday...but i would say have your friend sit in jail and consider himself lucky.
 
Originally posted by: Ylen13
refuse and instead tell him u preffer to take blood test. Reason they can't give u a bloodtest on the spoot so they will book u and take u to a local hospital for blood test. Unless u got pulled over right infront of it u will have some more time for the sytem to process the alchocol and with the statement of the 25% alcohol most da(district attorney) will not prosecute the deal.
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Not true...I used to process the BACs (blood alcohol content) at a hospital. There is a very easy method of back calculating the BAC of a suspect if the time of apprehension is recorded versus the time of the blood being taken.
 
Originally posted by: Ylen13
couple of general info here for everyone.First if u ever get stopped and ask if u drink say no. Don't metter if the officer can smell it a block away. The second u say u did u are giving them probeabl cause. But u after saying no u didn't drink add this i have a cold and i did take dayquile or nitequile(i hope i speeling that right) the reason u need to say that is it has 25% alhocol in it. Now if the office request u take it, refuse and instead tell him u preffer to take blood test. Reason they can't give u a bloodtest on the spoot so they will book u and take u to a local hospital for blood test. Unless u got pulled over right infront of it u will have some more time for the sytem to process the alchocol and with the statement of the 25% alcohol most da(district attorney) will not prosecute the deal. Now in his protecular situation, tell him to get a lawyer, also i hope your friend was smart enough not to take to cops after they read his right to remain silent. Also remmber if cops ask u a question unless its your name of your address just take your 5th. Most of the time they are asking it because they are fishing for eveidence.Also if u get pulled over and they request to search your car say no, if they didn't need your permission to search it they would have done so without even asking u
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The only problem with this is if you are drunk enough to be over the limit and not come back below it in an hour the only thing you will do is annoy the cop and get a trip to the hospital. Telling them you took nyquil won't do you any good if your over the limit, the law doesn't say over the counter medication is legal. You only benefit if you'll sober up enough during the hour it takes to get to the hospital and have blood drawn.

I know this won't work in Omaha, they seem to crack down on DUI's hard around here, especially if your young (20-30s). But the laws aren't that tough so we still have a guy with 12 DUIs driving around the street. Keeps getting caught, does a couple months in jail, gets out and does it again. The local paper and news stations have done a couple stories on him now and bring him up any time someone talks about making the laws tougher on repeat DUIs.



 
Originally posted by: Panakk
Originally posted by: Ylen13
Originally posted by: Millennium
Originally posted by: Panakk
Do you really need a lawyer to be able to negotiate with the DA
Click to expand...

What city's municipal court are you dealing with?
Click to expand...

personall i would, if he is not rich then have him requst a public attorney, its better then nothing. (ps remmber if he is not poor and get public attorney he will have to pay for it as if he got private attorney) it all depends on his income.
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what if it's a student, no income...
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then it will be free for him. P.s. also both da and public attorney work out of the same office so they know each other so he will have much better chanes of getting some kind of deal then going alone wich pretty much gurantees him some jail time.
 
Originally posted by: bleeb
HE IS JACKED. Getting into medical school, being a lawyer or whatever is basically impossible now.
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yup. What was he going to do anyway? He just limited his job options depending on what he is going into. Cant be a cop or federal law enforcement either now.
 
Originally posted by: MemnochtheDevil
Originally posted by: Ylen13
couple of general info here for everyone.First if u ever get stopped and ask if u drink say no. Don't metter if the officer can smell it a block away. The second u say u did u are giving them probeabl cause. But u after saying no u didn't drink add this i have a cold and i did take dayquile or nitequile(i hope i speeling that right) the reason u need to say that is it has 25% alhocol in it. Now if the office request u take it, refuse and instead tell him u preffer to take blood test. Reason they can't give u a bloodtest on the spoot so they will book u and take u to a local hospital for blood test. Unless u got pulled over right infront of it u will have some more time for the sytem to process the alchocol and with the statement of the 25% alcohol most da(district attorney) will not prosecute the deal. Now in his protecular situation, tell him to get a lawyer, also i hope your friend was smart enough not to take to cops after they read his right to remain silent. Also remmber if cops ask u a question unless its your name of your address just take your 5th. Most of the time they are asking it because they are fishing for eveidence.Also if u get pulled over and they request to search your car say no, if they didn't need your permission to search it they would have done so without even asking u
Click to expand...

The only problem with this is if you are drunk enough to be over the limit and not come back below it in an hour the only thing you will do is annoy the cop and get a trip to the hospital. Telling them you took nyquil won't do you any good if your over the limit, the law doesn't say over the counter medication is legal. You only benefit if you'll sober up enough during the hour it takes to get to the hospital and have blood drawn.

I know this won't work in Omaha, they seem to crack down on DUI's hard around here, especially if your young (20-30s). But the laws aren't that tough so we still have a guy with 12 DUIs driving around the street. Keeps getting caught, does a couple months in jail, gets out and does it again. The local paper and news stations have done a couple stories on him now and bring him up any time someone talks about making the laws tougher on repeat DUIs.
Click to expand...

u are correct it will not do anything for the cop not arresting by telling him about nyquil but it may make a difference when the case gets to da. Most da have better thing to prosecute then someone for taking legal over the counter medicine

 
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