Author Topic: DUI/DWI Talk (Read 15095 times)

kindm's · « **Reply #105 on:** August 23, 2008, 03:51:43 pm »

Quote from: jocelyn;200304

Got mail today stating what the prosecution is recommending:

* $1500 fine plus 20% penalty assessment
* 18 month license suspension
* One of those in-car breathalyzer things
* 3 days in HOC, followed immediately by one week in-patient rehab
* 2 years probation

This is all pending good behavior. If I were to screw up, it\'d be a bigger fine, 2 year license loss, and 6 months in jail.

*sigh*

Do you have a lawyer ?

This seems pretty F-ing harsh for a 1st offense.

If your license is going to be suspended then why the in car breathalyzer ?

They are rec. rehab for a 1st offense ?? that seems crazy. I had to go to alcohol awareness classes for a long time but no 1 week in facility.

If you haven\'t spoken to or procured a lawyer I would suggest getting 1 ASAP. They will knock a lot of this crap right down. This looks like a prosecution wish list.

Mark · « **Reply #106 on:** August 23, 2008, 04:20:01 pm »

Mike I completely agree. This type of punishment might be appropriate for a 2nd or 3rd offense, but not the first, no way.

Some guy in CT just got nabbed for the 15th time! WTF!!!

Dweasel Weasel · « **Reply #107 on:** August 23, 2008, 04:37:26 pm »

Unfortunately for Jocelyn, CT law doesn\'t apply. Unlike CT, many states don\'t have a "first-timer\'s" program where you take classes for your first offense.

What\'s worse is that if she were to get pinched in CT, she wouldn\'t be eligible for the program because of the out-of-state conviction.

skalnbyc · « **Reply #108 on:** August 23, 2008, 06:49:16 pm »

I agree, definitely seems like an over-the-top punishment. I mean, there are armed thugs who terrorize the streets and don\'t even get that kind of penalty.

Do you have any idea what your level of intoxication was when they pulled you over? I\'m just curious.

jocelyn · « **Reply #109 on:** August 24, 2008, 02:39:36 pm »

The reason it\'s all so harsh is because I got an aggravated DUI. Basically means my BAC was really really high. I still think it\'s crazy that I\'m getting nailed with all of this for a first time offense. My record is totally clean prior to this, with the exception of forgetting to show up to testify in court for a traffic accident I saw and getting arrested for it. I never expected to get off scott-free, nor do I think I deserve to, but this all seems pretty over-the-top.

I am getting the same penalty that someone would get if they were driving drunk and either assaulted a police officer or evaded arrest. Be really careful in NH, the laws for this type of thing are incredibly strict here!

I do have a lawyer, one who is considered to be the best around here for DUI cases. Unfortunately, there isn\'t much he can do. It was a waste of money really. The prosecuters and judges in the area I got pulled over are known for being sticklers who always go for the maximum punishment.

What makes this all so frustrating is that if I had not taken the breathalyzer, I would not be in this situation. The only way one can get an aggravated DUI is for the police to get a BAC reading, which they can\'t force you to give. Had I not blown, I would have gotten a regular DUI, which probably could have gotten dropped to a reckless driving charge. Instead I\'m going to end up with a Class A Misdemeanor on my record, I won\'t get my license back for **** ever, and I\'ll probably spend a few days in jail.

Chris- yes, I do have to pay to get the breathalyzer installed into my car. No idea how much it will cost.

Overexjoesure · « **Reply #110 on:** August 24, 2008, 02:49:44 pm »

My heart goes out to you Joc. Hang in there buddy!!

Mark · « **Reply #111 on:** August 24, 2008, 03:11:10 pm »

Man this stinks.

Klout · « **Reply #112 on:** August 24, 2008, 04:09:42 pm »

damn thats wack. sounds like a raw deal to me. does your lawyer have any kind of working relationship with the prosecution/judge? doesnt sound like it. how did he get this rep of being the best if he can basically do nothing for you? did he inquire about the pull over or arrest porcedure at all? Thats what he should have done. Cops almost never do everything by the book and one tiny slip up is leverage for your attorney to cut a deal because it is a threat of getting the case dismissed if it were to go to trial.

lilblondie · « **Reply #113 on:** August 24, 2008, 05:33:55 pm »

Quote from: jocelyn;200375

The reason it\'s all so harsh is because I got an aggravated DUI. Basically means my BAC was really really high. I still think it\'s crazy that I\'m getting nailed with all of this for a first time offense. My record is totally clean prior to this, with the exception of forgetting to show up to testify in court for a traffic accident I saw and getting arrested for it. I never expected to get off scott-free, nor do I think I deserve to, but this all seems pretty over-the-top.

I am getting the same penalty that someone would get if they were driving drunk and either assaulted a police officer or evaded arrest. Be really careful in NH, the laws for this type of thing are incredibly strict here!

I do have a lawyer, one who is considered to be the best around here for DUI cases. Unfortunately, there isn\'t much he can do. It was a waste of money really. The prosecuters and judges in the area I got pulled over are known for being sticklers who always go for the maximum punishment.

What makes this all so frustrating is that if I had not taken the breathalyzer, I would not be in this situation. The only way one can get an aggravated DUI is for the police to get a BAC reading, which they can\'t force you to give. Had I not blown, I would have gotten a regular DUI, which probably could have gotten dropped to a reckless driving charge. Instead I\'m going to end up with a Class A Misdemeanor on my record, I won\'t get my license back for **** ever, and I\'ll probably spend a few days in jail.

Chris- yes, I do have to pay to get the breathalyzer installed into my car. No idea how much it will cost.

hey lady...
sorry to hear about all the legal woes...a very good friend of mine got into the same sort of buisness and it was just a bummer....after all was said and done they sent her to the big house for 30 days in Niantic, Ct...pretty little things do not belong in jail

especially since the east coast doesnt seem to represent like the west coast with the celebs going in for 30 minutes...if only...anyways...she also had to get that thing installed in her car and it ran her a bit more then a grand i believe...but still between that, legal fees and insurance...you are pretty much better off with a bike...i have my fingers crossed that things will work out for you and a money tree with grow in your back yard

but really as much as it sucks just be grateful that you are someone else didnt get hurt...

jocelyn · « **Reply #114 on:** August 24, 2008, 08:31:56 pm »

Quote from: Klout;200389

damn thats wack. sounds like a raw deal to me. does your lawyer have any kind of working relationship with the prosecution/judge? doesnt sound like it. how did he get this rep of being the best if he can basically do nothing for you? did he inquire about the pull over or arrest porcedure at all? Thats what he should have done. Cops almost never do everything by the book and one tiny slip up is leverage for your attorney to cut a deal because it is a threat of getting the case dismissed if it were to go to trial.

Yes, he knows the prosecutor and judge well. The trooper, unfortunately, was a brand-new statey and thus was careful to do everything completely by the book. My lawyer went over everything (my statement, the police statement, the breath testing, etc.) with a fine-toothed comb. Sometimes the cops don\'t screw anything up. This seems to be one of those cases. At my hearing my lawyer found a couple of little things to nit-pick that will be brought up at the trial, but I don\'t think it\'s anything that will get the case dismissed.

Anyhow my trial is September 12, so wish me luck...

Quote from: lilblondie;200393

hey lady...
sorry to hear about all the legal woes...a very good friend of mine got into the same sort of buisness and it was just a bummer....after all was said and done they sent her to the big house for 30 days in Niantic, Ct...pretty little things do not belong in jail especially since the east coast doesnt seem to represent like the west coast with the celebs going in for 30 minutes...if only...anyways...she also had to get that thing installed in her car and it ran her a bit more then a grand i believe...but still between that, legal fees and insurance...you are pretty much better off with a bike...i have my fingers crossed that things will work out for you and a money tree with grow in your back yard but really as much as it sucks just be grateful that you are someone else didnt get hurt...

*sigh* Yeah, that\'s what I keep trying to remind myself.

Thanks for the kind words.

Quote from: ds673488;200387

im a little confused...if your BAC was really really high, why didnt you get a DWI? DUI is typically .05-.08(or.10 depending on the state), and DWI is over that. anything that i would consider to be really really high BAC would definitely palce me in the DWI range. did you argue with the cops or something so thats why they bumped it up to an aggrivated DUI?

Its just weird...it should be either:
1. DUI (BAC .05-.08) (about 3-4 drinks in your system)
2. DWI (BAC over.08) (more than 4 drinks in your system)
3. Aggravated DUI (BAC .05-.08) and you were acting up in some way

In NH, the 2 terms are used interchangeably. One doesn\'t denote a higher BAC. A DUI is anything over .08. Under that you don\'t get charged unless you\'re driving recklessly. Aggravated DUI is is BAC over .16, or a BAC of .08 with assault of a police officer, or resisting or evading arrest.

I was very polite with cooperative with the police, for what it\'s worth (which is nothing.)

Klout · « **Reply #115 on:** August 24, 2008, 09:01:38 pm »

damn rookie. anyway best of luck. your guy should be able to get your sentence reduced if he knows the prosecutor and judge well and has a least a few points to throw at them. shitty situation to be in, I been there, but try to stay positive and make the best of it. it will all be over eventually.

ds673488 · « **Reply #116 on:** August 24, 2008, 09:07:55 pm »

i cant help but think of my cousin vinny right now...

sallyalli · « **Reply #117 on:** August 25, 2008, 02:48:44 pm »

damn joc. this is so lame. let me know if i can do anythign for you.

Dweasel Weasel · « **Reply #118 on:** August 25, 2008, 03:55:19 pm »

Quote from: ds673488;200387

Quote from: jocelyn;200375
The reason it\'s all so harsh is because I got an aggravated DUI. Basically means my BAC was really really high. I still think it\'s crazy that I\'m getting nailed with all of this for a first time offense. My record is totally clean prior to this, with the exception of forgetting to show up to testify in court for a traffic accident I saw and getting arrested for it. I never expected to get off scott-free, nor do I think I deserve to, but this all seems pretty over-the-top.

I am getting the same penalty that someone would get if they were driving drunk and either assaulted a police officer or evaded arrest. Be really careful in NH, the laws for this type of thing are incredibly strict here!

I do have a lawyer, one who is considered to be the best around here for DUI cases. Unfortunately, there isn\'t much he can do. It was a waste of money really. The prosecuters and judges in the area I got pulled over are known for being sticklers who always go for the maximum punishment.

What makes this all so frustrating is that if I had not taken the breathalyzer, I would not be in this situation. The only way one can get an aggravated DUI is for the police to get a BAC reading, which they can\'t force you to give. Had I not blown, I would have gotten a regular DUI, which probably could have gotten dropped to a reckless driving charge. Instead I\'m going to end up with a Class A Misdemeanor on my record, I won\'t get my license back for **** ever, and I\'ll probably spend a few days in jail.

Chris- yes, I do have to pay to get the breathalyzer installed into my car. No idea how much it will cost.

im a little confused...if your BAC was really really high, why didnt you get a DWI? DUI is typically .05-.08(or.10 depending on the state), and DWI is over that. anything that i would consider to be really really high BAC would definitely palce me in the DWI range. did you argue with the cops or something so thats why they bumped it up to an aggrivated DUI?

Its just weird...it should be either:
1. DUI (BAC .05-.08) (about 3-4 drinks in your system)
2. DWI (BAC over.08) (more than 4 drinks in your system)
3. Aggravated DUI (BAC .05-.08) and you were acting up in some way

Just like NH, there is no difference b/w DUI & DWI in CT. When the legal limit here was .10 BAC, CT had an infraction charge called "driving while impaired" which applied to BAC\'s under .10. Once the limit dropped, the "impaired" charge disappeared.

kindm's · « **Reply #119 on:** August 25, 2008, 04:27:49 pm »

Joc-

All I can say is do what you gotta do.

Don\'t feel bad about having to lean on your friends a bit. That is what they are there for.

I live in NY, My "classes" were in Danbury, CT. I had to get to Danbury like 1x a week for like 3 or 4 months. Which doesn\'t sound like a big deal except I was not allowed to drive. So anyway people are really understanding. I had guys from work who were nice enough to drive me there. Only 1 of the guys actually lived there and I would get a ride form guys who lived in the completely opposite direction etc.

A lot of people have to go through this unfortunately. Don\'t feel bad about asking for help, it sucks but eventually it will be over and you can forget about it (or at least put it out of your mind).

You will probably become very aware of public transit, cab companys, Hotels next to venues etc. Join the club it isn\'t all that bad