DUI Lawyers

[camisadelgolf]

Innocent until proven guilty? Hah! I love America.

[Eric_the_Red]

Originally Posted by camisadelgolf

Innocent until proven guilty? Hah! I love America.

What kind of proof would you be looking for since you refused the breathalyzer?

[camisadelgolf]

Originally Posted by Eric_the_Red

What kind of proof would you be looking for since you refused the breathalyzer?

How does refusing the breathalyser prove that I'm guilty? Sure, it raises questions, but it's far from proof. I'm mad at myself for letting it get to this point, but I'm mad at the system for forcing me to admit to guilt to something I didn't do (DUI) in order for my punishment to be less severe than it would be if I were charged with the appropriate offenses.

[Caveat Emperor]

Originally Posted by camisadelgolf

I seriously considered taking this to trial, but after talking with you all and some lawyers (particularly the ones who have experience with Judge Karen Thomas), it sounds like my best bet is plea bargaining. In that case, do you think it's worth it for me to hire a lawyer?

On charges like this, you always want to give the impression that you are taking the matter seriously. It makes a favorable impression on the judge and can, in certain situation, get you a better deal from a prosecutor.

Prosecutors are lawyers, they usually have dockets to move and don't enjoy dealing with pro se litigants -- who generally don't understand what's going on, ask lots of questions (which is good for them, but annoying for a prosecutor who is responsible to the judge to keep a court docket moving), and are easy marks in a trial should it come to that (I'm always confident I can win a pro se trial, no matter what the facts are). An attorney will help you deal with the prosecutor and, in most circumstances, obtain the most favorable deal for you. An attorney will also explain the potential outcomes and consequences of any guilty plea, including for future driving purposes.

Further, an attorney will help you deal with the judge. They'll speak on your behalf and advise you the best things to say to your particular judge to ensure you get the best possible outcome.

Hiring an attorney is a no-brianer here -- regardless of what you want to do.

[Reds4Life]

Originally Posted by camisadelgolf

How does refusing the breathalyser prove that I'm guilty? Sure, it raises questions, but it's far from proof. I'm mad at myself for letting it get to this point, but I'm mad at the system for forcing me to admit to guilt to something I didn't do (DUI) in order for my punishment to be less severe than it would be if I were charged with the appropriate offenses.

Since you didn't submit to the test, you have no idea if you were DUI or not. It doesn't take much to blow .08 or higher. If you were that confident, then you should have taken it. If it wasn't over the limit, you wouldn't have been arrested and charged with it.

[Caveat Emperor]

Originally Posted by camisadelgolf

How does refusing the breathalyser prove that I'm guilty? Sure, it raises questions, but it's far from proof. I'm mad at myself for letting it get to this point, but I'm mad at the system for forcing me to admit to guilt to something I didn't do (DUI) in order for my punishment to be less severe than it would be if I were charged with the appropriate offenses.

Here is evidence that'd kill you at a trial:

1. You were in a car that likely smelled like alcohol.
2. You likely admitted you'd been at a bar.
3. You likely admitted to the officers you had been drinking.
4. You couldn't recall how many drinks you had consumed.
5. You fell asleep at the wheel of your car while at a red light.
6. You had difficulty maintaining balance when exiting the vehicle.
7. You refused a chemical test which could have cleared your name and proved you were legal to drive.

Put yourself in the shoes of a juror. What's the most likely explanation for all of those facts?

[camisadelgolf]

Originally Posted by Caveat Emperor

Here is evidence that'd kill you at a trial:

1. You were in a car that likely smelled like alcohol.
2. You likely admitted you'd been at a bar.
3. You likely admitted to the officers you had been drinking.
4. You couldn't recall how many drinks you had consumed.
5. You fell asleep at the wheel of your car while at a red light.
6. You had difficulty maintaining balance when exiting the vehicle.
7. You refused a chemical test which could have cleared your name and proved you were legal to drive.

Put yourself in the shoes of a juror. What's the most likely explanation for all of those facts?

My defense:
1. The car smelled like alcohol because there was someone in my car who was literally doused in beer earlier in the evening.
2. Yes, I was at a bar. I'm at the same bar, every Monday, because I play a gig there.
3. I never told the police I was drinking.
4. I don't know exactly how many drinks it was, but I know it was two or three, likely three.
5. Yes, I did. I was exhausted from the night before, and when my blood sugar gets low, it's very normal for me to become even more tired. I have been in several comas, actually.
6. Yes, I have torn ligaments in my knee that require surgery.
7. I refused the test because a lawyer told me to. Had I known it would've ended up like this, I would have accepted.

. . . and I have witnesses and proof for pretty much all of this.

[camisadelgolf]

Originally Posted by Reds4Life

I'm really not trying to be a jerk, but it sounds like you need to grow up, a lot.

I have a very dry sense of humor and am able to find humor in anything, but I don't think that necessarily means I need to grow up. It's just how I deal with things.

[Roy Tucker]

Originally Posted by camisadelgolf

Innocent until proven guilty? Hah! I love America.

I had no idea how the legal system really worked till my kids got in hot water. I got a crash course in how the system really works. It ain't like TV.

We were little lambies waiting for slaughter. My lawyer then got it all under control.

As Warren Zevon said, "send lawyers, guns, and money".

[Raisor]

If you have a blood sugar problem that makes you fall asleep at the wheel, you shouldn't be driving anyway.

[joshnky]

Originally Posted by Raisor

If you have a blood sugar problem that makes you fall asleep at the wheel, you shouldn't be driving anyway.

Great point. I'm not sure of the law but I'm pretty sure falling asleep at the wheel is not legal.

[wolfboy]

Originally Posted by Reds4Life

Since you didn't submit to the test, you have no idea if you were DUI or not. It doesn't take much to blow .08 or higher. If you were that confident, then you should have taken it. If it wasn't over the limit, you wouldn't have been arrested and charged with it.

That's not true. He could have still been charged if the breathalyzer registered under .08 (at least in OH). Given the circumstances when they found him, it wouldn't have been surprising.

[wolfboy]

Originally Posted by Raisor

If you have a blood sugar problem that makes you fall asleep at the wheel, you shouldn't be driving anyway.

Or without a license....or when he can't stand up to take a field sobriety test because of a bad knee.

[WMR]

Originally Posted by wolfboy

That's not true. He could have still been charged if the breathalyzer registered under .08 (at least in OH). Given the circumstances when they found him, it wouldn't have been surprising.

Yep, it would have, however, given him a much stronger defense and reason to fight the charge in court had he blown below a .08. That would have lended much more credibility to his other 'extenuating circumstances.'

[wolfboy]

Originally Posted by WMR

Yep, it would have, however, given him a much stronger defense and reason to fight the charge in court had he blown below a .08. That would have lended much more credibility to his other 'extenuating circumstances.'

What you say is true. I just wanted to point out that people do get charged and convicted of OVI even if they don't register at .08 or above. I'd rather not get into a discussion about the merits of taking the breathalyzer. Suffice it to say that there are viable arguments on both sides.