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I recently received a DUI and was wondering what steps I should take
to get over this horrendous experience, this was my first offense
ever. I am a poor college student, too poor to afford a lawyer and all
my websearches for free lawyers turned up nothing for this type of
offense. I was also wondering about the validity of the site
www.duiprocess.com they claim to have a manual that if I purchase will
help clear my record of this, I don't want this offense to screw up
possible job oppurtunities and I need help!!! Any and all information
or resources I can access would be a big help :(
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Was it a ticket? Is there a trial? What's going on?
Have you been convicted? Have you asked for a criminal defense attorney
(public defender) to represent you if you are going to trial?
I recently received a DUI and was wondering what steps I should take
to get over this horrendous experience, this was my first offense
ever. I am a poor college student, too poor to afford a lawyer and all
my websearches for free lawyers turned up nothing for this type of
offense. I was also wondering about the validity of the site
www.duiprocess.com they claim to have a manual that if I purchase will
help clear my record of this, I don't want this offense to screw up
possible job oppurtunities and I need help!!! Any and all information
or resources I can access would be a big help :(
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apoptosis_187@hotmail.com (GLS27) wrote in message news:<d37194ba.0411030046.679807ea@posting.google.com>...
I recently received a DUI and was wondering what steps I should take
to get over this horrendous experience, this was my first offense
ever. I am a poor college student, too poor to afford a lawyer and all
my websearches for free lawyers turned up nothing for this type of
offense. I was also wondering about the validity of the site
www.duiprocess.com they claim to have a manual that if I purchase will
help clear my record of this, I don't want this offense to screw up
possible job oppurtunities and I need help!!! Any and all information
or resources I can access would be a big help :(
Whether or not you can afford one, you really need a lawyer. If you
really cannot afford one, the court will have a way for you to apply
for a court-appointed lawyer.
You stand a significant risk of getting the worst possible outcome if
you are not represented by someone who has experience in defending
persons in your unfortunate situation. The worst possible outcome
depends on your state but will run to some combination of multiple
fines and assessments, jail time, impound, license suspension,
community service, probation, evaluation for alcoholism, alcohol and
safe driving education, ignition interlock device, assigned-risk
insurance, and a criminal record.
Get a lawyer and follow his or her advice. If you are still in doubt
as to how you should proceed, reread the previous sentence.
--
Not a lawyer, get a lawyer,
Chris Green
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First: Get a good lawyer
Second: Get a good lawyer
Third: Get a good lawyer
A drunk driving conviction can really @$#* up your record for a very
long time in ways you can't even begin to imagine and I can't begin to list
here. Getting the best possible outcome in this case is the central goal in
your life. Take a break from school, if necessary, and work to get the
money to hire a good lawyer. Do the best you can and live with the rest.
Fight this thing. Cut a deal. Try anything other than getting a DUI
conviction.
Best wishes:)
I recently received a DUI and was wondering what steps I should take
to get over this horrendous experience, this was my first offense
ever. I am a poor college student, too poor to afford a lawyer and all
my websearches for free lawyers turned up nothing for this type of
offense. I was also wondering about the validity of the site
www.duiprocess.com they claim to have a manual that if I purchase will
help clear my record of this, I don't want this offense to screw up
possible job oppurtunities and I need help!!! Any and all information
or resources I can access would be a big help :(
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How can someone pay for college, a car, and a night of drinking, yet still
be poor?
Sell the car, and get a lawyer. If this is your first criminal offense, you
may be able to participate in an accelerated rehabilitation program for
first time DWI offenders. Successful completion usually expunges your
criminal record.
I recently received a DUI and was wondering what steps I should take
to get over this horrendous experience, this was my first offense
ever. I am a poor college student, too poor to afford a lawyer and all
my websearches for free lawyers turned up nothing for this type of
offense. I was also wondering about the validity of the site
www.duiprocess.com they claim to have a manual that if I purchase will
help clear my record of this, I don't want this offense to screw up
possible job oppurtunities and I need help!!! Any and all information
or resources I can access would be a big help :(
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Wow I didn't realize the severity of this thing, and as for the car it
was a graduation present, and 2 fourties is only 6 bucks, and college
I'm taking out loans and getting scholarships.
They have this option for a class I can take, I'm going to sign
up as soon as they open up on monday. I have a court date, I'm not yet
convicted and I looked on www.alllaw.com and it says "If convicted
your driver's license will be revoked for a minimum of 60 days up to a
maximum of 6 months and you may be ordered to pay a $400 fine."
Because it's my first offense.
What other aspects of my life can this affect aside from the
fines? This whole process is a bit confusing and it seems the court
likes it that way. It also seems like if courts truly wish to punish
individual by taking their money it should be based on income and not
some standard for everyone. A rapper making a few million a year is
less likely to care about a $400 dollar bill and a class that costs a
few grand than someone who below the poverty line, seems a little
injust but so does paying out the ass for a lawyer, as well as many
other things about the courts I realized from this experience.
It would seem the opinion of all the replies is get a lawyer, I'm
going to do this no matter what I have to do, I thank everyone for
their replies and have another question above concerning what other
areas of my life this will affect. Also during my research I found
that George Bush got a dui and that didn't stop him from being
president so that is a little comforting, although I definately don't
have the money his family does ;p
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Dude......get a clue: George Bush was a multi@$#*inbillionaire before you
were born which means he can do pretty much whatever he wants and avoid the
consequences; you can't.
For one thing, a conviction will mean your car insurance will double or
triple for the next ten years or so depending on where you live. You may be
uninsureable commercially which means you are not qualified for any
employment where the employer pays to insure you or provides you with a
vehicle, e.g. route sales, deliveries, livery, cartage, mechanic,
construction, most public sector employment, law enforcement & c. You
probably can't join the armed services and may have trouble getting bonded,
passing a security clearance, back ground check, and sometimes qualifying
for loans and leases. It marks you as a potential substance abuser and any
prospective employer of the kind you would actually want to work for will
ask you to disclose any convictions on your application. Any one who wants
to check (and its true, employers almost never do) can makle a call and have
a private investigator read them your criminal and civil court history over
the phone for about a hundred bucks.
Don't look only at the short end of this deal....take a glance over the
horizon and see what this will cost you in personal and professional terms
over the next five or ten years. Quit @$#*ing around and get a good
lawyer....one who is skilled at DUI defense in your area and who can get you
the best deal....hopefully get it busted down to a lesser offense (like in
CA "wet reckless"). Even if it costs you a grand or two, it will be worth
it in the long run.
Best Wishes, let us know how it turns out.
Wow I didn't realize the severity of this thing, and as for the car it
was a graduation present, and 2 fourties is only 6 bucks, and college
I'm taking out loans and getting scholarships.
They have this option for a class I can take, I'm going to sign
up as soon as they open up on monday. I have a court date, I'm not yet
convicted and I looked on www.alllaw.com and it says "If convicted
your driver's license will be revoked for a minimum of 60 days up to a
maximum of 6 months and you may be ordered to pay a $400 fine."
Because it's my first offense.
What other aspects of my life can this affect aside from the
fines? This whole process is a bit confusing and it seems the court
likes it that way. It also seems like if courts truly wish to punish
individual by taking their money it should be based on income and not
some standard for everyone. A rapper making a few million a year is
less likely to care about a $400 dollar bill and a class that costs a
few grand than someone who below the poverty line, seems a little
injust but so does paying out the ass for a lawyer, as well as many
other things about the courts I realized from this experience.
It would seem the opinion of all the replies is get a lawyer, I'm
going to do this no matter what I have to do, I thank everyone for
their replies and have another question above concerning what other
areas of my life this will affect. Also during my research I found
that George Bush got a dui and that didn't stop him from being
president so that is a little comforting, although I definately don't
have the money his family does ;p
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Whoa! You drank only 2 40's and got a DUI? Was there an accident, or were
you just pulled over? Did the cop say you were weaving all over the road,
or was he just @$#*ing with you? What did you blow? It must have been
borderline.
I'd look very seriously at fighting this thing. If you blew an 0.80, you
only need to show that the Intoxilyzer calibration was off by only 0.01.
You may get lucky and find that the machine had not calibrated recently.
What state are you in?
Wow I didn't realize the severity of this thing, and as for the car it
was a graduation present, and 2 fourties is only 6 bucks, and college
I'm taking out loans and getting scholarships.
They have this option for a class I can take, I'm going to sign
up as soon as they open up on monday. I have a court date, I'm not yet
convicted and I looked on www.alllaw.com and it says "If convicted
your driver's license will be revoked for a minimum of 60 days up to a
maximum of 6 months and you may be ordered to pay a $400 fine."
Because it's my first offense.
What other aspects of my life can this affect aside from the
fines? This whole process is a bit confusing and it seems the court
likes it that way. It also seems like if courts truly wish to punish
individual by taking their money it should be based on income and not
some standard for everyone. A rapper making a few million a year is
less likely to care about a $400 dollar bill and a class that costs a
few grand than someone who below the poverty line, seems a little
injust but so does paying out the ass for a lawyer, as well as many
other things about the courts I realized from this experience.
It would seem the opinion of all the replies is get a lawyer, I'm
going to do this no matter what I have to do, I thank everyone for
their replies and have another question above concerning what other
areas of my life this will affect. Also during my research I found
that George Bush got a dui and that didn't stop him from being
president so that is a little comforting, although I definately don't
have the money his family does ;p
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Well the thing about George Bush was an implied pun at the injustices
within our court systems, the advantages of money is one of the first
things you learn when your poor.
I blew .12 and the arresting state was Nebraska, the reason he
had probable cause to pull me over is I forgot to turn my lights all
the way on and was driving through a well lighted area with my parking
lights on. There was no accidents and it was in a crowded downtown
area right after the bars let out, who would have thought I would get
pulled over then :P
I heard something about a loop hole with the car insurance
though, if I stay with my current provider and keep paying my bills on
time they may never check to know that I have a dui and will continue
charging me the same rate.
Something else I would also like to know more about is the
agency/businesses that keeps these kinds of records, any names I can
google or links would be appreciated.
I also just called my local courthouse and they said that I
would need to wait until the trial in order to get a public defender
and only then at the discretion of the justice/judge.
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apoptosis_187@hotmail.com (GLS27) wrote in message news:<d37194ba.0411080816.28451632@posting.google.com>...
Well the thing about George Bush was an implied pun at the injustices
within our court systems, the advantages of money is one of the first
things you learn when your poor.
I blew .12 and the arresting state was Nebraska, the reason he
had probable cause to pull me over is I forgot to turn my lights all
the way on and was driving through a well lighted area with my parking
lights on. There was no accidents and it was in a crowded downtown
area right after the bars let out, who would have thought I would get
pulled over then :P
I heard something about a loop hole with the car insurance
though, if I stay with my current provider and keep paying my bills on
time they may never check to know that I have a dui and will continue
charging me the same rate.
Something else I would also like to know more about is the
agency/businesses that keeps these kinds of records, any names I can
google or links would be appreciated.
I also just called my local courthouse and they said that I
would need to wait until the trial in order to get a public defender
and only then at the discretion of the justice/judge.
Look, not having your lights on after dark (even if it was a well-lit
area) is usually probable cause to pull a driver over. It's a
violation of the traffic code. Then the cops gets to ask for your
license and registration--and watch you try to follow instructions
(cognitive task) and pull out the papers (manual task) at the same
time. His observations are admissible becasue your in plain view, he
had the right to pull you over and he is testifying based upon his own
observation and experience. He's seen a lot of drunks more than
likely. Then you do more cognitive/manual tasks (aka sobriety tests)
before you blow. 0.12 is well over the limit. It's not an "oops"
reading.
You are entitled to a public defender if 1) you are indigent according
to the court and 2)will be facing jail time. So, if they fine you and
civily forfeit your car--no lawyer. The fact that you are a college
students with loans and a car that's not liened up probably makes you
non-indigent--so do what the other guys said--sell the car and get a
good dui lawyer in as early as possible. Then you have some hope of a
good plea.
As for insurance companies--well, my boy. You're @$#*ed. :) I've
represented insruance companies and I've sued them. The people who
come up with the insurance contracts are way smarter than jailhouse
lawyers and have thought of lots of loopholes to fill. One could be
that if you fail to report any DUI or "incident", your insurance
becomes immediately invalid---insurance companies check state driving
records and local court dockets. So, you could have your insurance
pulled out from under you. Believe me, you really don't want to drive
around thinking that you have Allstate snowed because they will eat
you.
So follow the good advice that you have been given. Especially
considering the fact that you've admitted all of the elements of the
charge on line.
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acreed@state.mt.us (Anna) wrote in message news:<cf19679c.0411081552.2b9d81d9@posting.google.com>...
apoptosis_187@hotmail.com (GLS27) wrote in message news:<d37194ba.0411080816.28451632@posting.google.com>...
Look, not having your lights on after dark (even if it was a well-lit
area) is usually probable cause to pull a driver over. It's a
violation of the traffic code. Then the cops gets to ask for your
license and registration--and watch you try to follow instructions
(cognitive task) and pull out the papers (manual task) at the same
time. His observations are admissible becasue your in plain view, he
had the right to pull you over and he is testifying based upon his own
observation and experience. He's seen a lot of drunks more than
likely. Then you do more cognitive/manual tasks (aka sobriety tests)
before you blow. 0.12 is well over the limit. It's not an "oops"
reading.
You are entitled to a public defender if 1) you are indigent according
to the court and 2)will be facing jail time. So, if they fine you and
civily forfeit your car--no lawyer. The fact that you are a college
students with loans and a car that's not liened up probably makes you
non-indigent--so do what the other guys said--sell the car and get a
good dui lawyer in as early as possible. Then you have some hope of a
good plea.
State is Nebraska, which does not have a unified system for
determining whether a defendant is indigent. Any misdemeanor
punishable by imprisonment opens the door for the defendant to request
a public defender, a first or second DUI is emphatically a misdemeanor
punishable by imprisonment, and there is history of public defenders
representing DUI defendants in Nebraska. The county matters, because
in Nebraska counties (not the state) pay the public defenders and
determine eligibility.
This does not mean the OP is likely to qualify for PD representation:
if the OP has expenses typical of a college student and a car owned
free and clear, a finding of indigency is maybe not so likely. But if
the OP is a single parent working and going to college, maybe it's
more likely.
It also does not mean that being represented by the PD is even a good
idea. A good lawyer might be able to sow reasonable doubt on a .12
breath test reading, especially if there's not also an unambiguous
field sobriety test result. There's the possibility of an acquittal or
a plea bargain (possible in Nebraska) if the evidence isn't any more
damning than that.
Nebraska is not unusually hard on first-time DUIs: a fine, probation,
and a 90-day suspension are the likely minimum. The OP's insurer is
likely to be a lot more expensive to deal with.
--
Not a lawyer,
Chris Green
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<snip>
Nebraska is not unusually hard on first-time DUIs: a fine, probation,
and a 90-day suspension are the likely minimum. The OP's insurer is
likely to be a lot more expensive to deal with.
Interesting enough, here in Indiana there is a minimum fine of $525 and a 90
day suspension of license. This will be imposed (without fail) to the first
time offender. Here at least, the smart ones do not hire a lawyer because it
will make no difference to the penalty. It will still be $525 with a 90 day
suspension. Use the lawyer money to pay the fine.
A second offence? You better sell your house, car, kids to get the best
defense attorney you can buy.
bbjj
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<snip>
Nebraska is not unusually hard on first-time DUIs: a fine,
probation,
and a 90-day suspension are the likely minimum. The OP's insurer is
likely to be a lot more expensive to deal with.
Interesting enough, here in Indiana there is a minimum fine of $525
and a 90
day suspension of license. This will be imposed (without fail) to
the first
time offender. Here at least, the smart ones do not hire a lawyer
because it
will make no difference to the penalty. It will still be $525 with a
90 day
suspension. Use the lawyer money to pay the fine.
A second offence? You better sell your house, car, kids to get the
best
defense attorney you can buy.
Which is a pretty good reason to hire an attorney to try to beat the
first one.
--
Lance
Sammy Sosa is liar and a cheater.
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"Christopher Green" <cj.green@worldnet.att.net> wrote in message
It also does not mean that being represented by the PD is even a
good
idea. A good lawyer might be able to sow reasonable doubt on a .12
breath test reading, especially if there's not also an unambiguous
field sobriety test result. There's the possibility of an acquittal
or
a plea bargain (possible in Nebraska) if the evidence isn't any more
damning than that.
Depends on how he's charged. I assume that Nebraska has a per se
charge, which means that the prosecutor will charge the defendant with
(Count I) driving under the influence of alcohol; and (Count II)
driving with a blood alcohol level of .08% or over. All that's
necessary to convict on Count II is evidence beyond a reasonable doubt
that the driver's BAC was > .08. The State need not show that the use
of alcohol has had any effect on the driver's faculties to convict on
Count II.
So even if you show that the defendant was not impaired in his ability
to drive a car whatsoever, that's irrelevant to the charge in Count
II. He's still going down on that charge, which leaves you with the
simple argument that the breath test machine must not be operating
correctly.
--
Lance
"We don't rent pigs. Uva Uvam Vivendo Varia Fit."
Captain Augustus McCrae
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Nebraska is not unusually hard on first-time DUIs: a fine,
probation,
and a 90-day suspension are the likely minimum. The OP's insurer is
likely to be a lot more expensive to deal with.
Which is a pretty good reason to hire an attorney to try to beat the
first one.
It would be much easier to be prudent with drinking habits.
bbjj
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