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Thread: DUI Lawyers

  1. #16
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    Re: DUI Lawyers

    Sorry, but I agree with the others, if you can get a plea bargian, take it.

    The fact you were driving without a license isn't going to help your defense, and since you declined to a breath test they can suspend your license (if you had one) for a year automatically.

    Maybe talk to the DA and see if you can get some of the charges reduced if you agree to enter an alcohol treatment program, if this is your first offense.

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  3. #17
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    Re: DUI Lawyers

    Quote Originally Posted by camisadelgolf View Post
    I can see why you'd have that outlook, and to be fair, I might have the same view if I were in your position, but I have a question: what if I weren't drunk (which is my defense)? How does that make me guilty?

    If they had tested my blood sugar when the event occurred, it would have been no higher than 60, but it was raising at a rapid rate because I had just eaten a banana before leaving the house, and my insulin had worn off. They tested my blood sugar hours after I was arrested.

    Regarding being asked about killing myself, I replied "No, never." Most people probably do at some point in their lives for that matter, but I was smart enough to know that they'd probably put me in a padded room or straight jacket or something like that.
    You refused a breath test, all the officer needs is reasonable suspition that you are DUI to make the arrest. Honestly, being passed out behind the wheel of a car, and the smell of alcohol, is more than enough reason for that.

  4. #18
    Vampire Weekend @Bernie's camisadelgolf's Avatar
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    Re: DUI Lawyers

    Actually, I think driving without a valid license helps my case in the sense that it would be very easy to drop the DUI and still have something to punish me for. In my experience, the courts are always looking to compromise, and that seems like an easy decision to make.

  5. #19
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    Re: DUI Lawyers

    Quote Originally Posted by JaxRed View Post
    OK, I'll come off as the bad guy for this, but here's my take: They said you face no jail time? I'd see if you can get an agreement where you are allowed to drive only to work, and thank your lucky stars if you can get that.

    I'd be stunned beyond belief if you got off. You had been drinking. You fell asleep at an intersection. You were driving with a suspended license. Even after they tested your blood sugar some time later it wasn't high enough to cause problems like falling asleep in your car.

    All the rest of the story is just chaff that doesn't address the question of your guilt. Next time in your in custody if someone asks you if you ever think about killing yourself, the answer is "Of course not"
    You're not the bad guy. You make some realistic points. The only one I quibble with is the one on blood sugar. High blood sugar doesn't cause you to pass out. Low blood sugar does. Thus if his story works for him he'd have to argue that he took a shot of insulin and didn't get food and thus his blood sugar was too low at the time. A blood sugar of 190 or higher should not make you pass out. If his blood sugar was getting high then he'd feel agitated and hyper.

    The testimony that he didn't get any sleep the night before partying his birthday is not something I'd bring up. That looks like he is quite the party animal.

  6. #20
    Vampire Weekend @Bernie's camisadelgolf's Avatar
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    Re: DUI Lawyers

    Quote Originally Posted by Reds4Life View Post
    You refused a breath test, all the officer needs is reasonable suspition that you are DUI to make the arrest. Honestly, being passed out behind the wheel of a car, and the smell of alcohol, is more than enough reason for that.
    I don't blame them for arresting me. The arrest wasn't an injustice in any way imo. An injustice is when an innocent party is convicted for something he didn't do.

  7. #21
    Vampire Weekend @Bernie's camisadelgolf's Avatar
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    Re: DUI Lawyers

    For the record, even if I disagree with you, I appreciate the input. Thank you to the three of you.

  8. #22
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    Re: DUI Lawyers

    Quote Originally Posted by camisadelgolf View Post
    Actually, I think driving without a valid license helps my case in the sense that it would be very easy to drop the DUI and still have something to punish me for. In my experience, the courts are always looking to compromise, and that seems like an easy decision to make.
    It doesn't help your case, at all. They aren't going to drop a DUI, and having another charge against you from the same arrest isn't going to score you any points with the judge.

  9. #23
    Viva la Rolen kaldaniels's Avatar
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    Re: DUI Lawyers

    I may have missed it and if so I apologize...I didn't see the part of the story where you would not consent to a BAC test. What is the issue behind that? Couldn't they have given you one on site or even back at the station?

    Edit - I see you mentioned it in one of your replys...I don't follow the logic though.
    Last edited by kaldaniels; 02-26-2010 at 11:04 AM.

  10. #24
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    Re: DUI Lawyers

    Unfortunately, if there was a chance he wasn't over the limit..... by refusing the BAC test you gave up your only chance to prove your innocence. I thought in many states, refusing a BAC means automatic DUI.

    Sea Ray - you're right on the low blood sugar (duh)

  11. #25
    Vampire Weekend @Bernie's camisadelgolf's Avatar
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    Re: DUI Lawyers

    Quote Originally Posted by JaxRed View Post
    Unfortunately, if there was a chance he wasn't over the limit..... by refusing the BAC test you gave up your only chance to prove your innocence. I thought in many states, refusing a BAC means automatic DUI.

    Sea Ray - you're right on the low blood sugar (duh)
    When I was in the cruiser, I called a lawyer (I forget which one), and he told me not to submit to the breathalyser and to call him the next day (which I didn't do).

  12. #26
    Be the ball Roy Tucker's Avatar
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    Re: DUI Lawyers

    Get a lawyer fast.

    I was involved in the legal system because of my wayward children over the past couple years and one lesson I learned was get ... a .... lawyer ... ASAP. Don't wait. Now.

    You're a babe in the woods with all this stuff and you need someone who knows what to say and do (and what not to say and do) before you get into it any deeper.

    Pay attention to the open sky

  13. #27
    Kmac5 KoryMac5's Avatar
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    Re: DUI Lawyers

    It really depends on the state you live in. If you reside in NY state like me all the officer has to do is prove he was right in asking you to submit to a breath test. So far everything that you have told us (asleep at a light, drinking, poor balance etc...) gives the officer probable cause to think you may have been drinking. Therefore him asking you to take the breath test was not out in LF.

    Most likely you will lose your DL for 1 year and have to pay a fine. Plus you might have to go take some classes. Chalk it up as one of life's lessons and try and learn from this mistake.
    If you have a losing record at Reds games, please stop going.

  14. #28
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    Re: DUI Lawyers

    Here's the primary Ohio DUI statute
    http://codes.ohio.gov/orc/4511.19+

  15. #29
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    Re: DUI Lawyers

    Quote Originally Posted by camisadelgolf View Post
    When I was in the cruiser, I called a lawyer (I forget which one), and he told me not to submit to the breathalyser and to call him the next day (which I didn't do).

    That doesn't help. That alone makes you sound impaired. I wouldn't bring that up in court.

  16. #30
    Vampire Weekend @Bernie's camisadelgolf's Avatar
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    Re: DUI Lawyers

    Quote Originally Posted by JaxRed View Post
    Unfortunately, if there was a chance he wasn't over the limit..... by refusing the BAC test you gave up your only chance to prove your innocence. I thought in many states, refusing a BAC means automatic DUI.

    Sea Ray - you're right on the low blood sugar (duh)
    The penalties of not blowing in a breathalyser were never explained to me.


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