Innocent until proven guilty? Hah! I love America.
Innocent until proven guilty? Hah! I love America.
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.
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.
Cincinnati Reds: Farm System Champions 2022
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?
Cincinnati Reds: Farm System Champions 2022
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.
Last edited by camisadelgolf; 02-26-2010 at 03:39 PM.
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".
She used to wake me up with coffee ever morning
If you have a blood sugar problem that makes you fall asleep at the wheel, you shouldn't be driving anyway.
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.
How do we know he's not Mel Torme?
Board Moderators may, at their discretion and judgment, delete and/or edit any messages that violate any of the following guidelines: 1. Explicit references to alleged illegal or unlawful acts. 2. Graphic sexual descriptions. 3. Racial or ethnic slurs. 4. Use of edgy language (including masked profanity). 5. Direct personal attacks, flames, fights, trolling, baiting, name-calling, general nuisance, excessive player criticism or anything along those lines. 6. Posting spam. 7. Each person may have only one user account. It is fine to be critical here - that's what this board is for. But let's not beat a subject or a player to death, please. |