that won't matter in courtOriginally Posted by camisadelgolf
that won't matter in court
Doesn't matter if they explained it to you or not, they aren't responsible for telling you the consequences of refusing a test. I think the best advice given to you so far has been call a lawyer quick. The longer you wait the tougher your case becomes to handle.
If you have a losing record at Reds games, please stop going.
I called a lawyer and am waiting for correspondence.
From what I understand, he was charged in Kentucky.
A few things to consider: Contrary to popular belief, you don't have to blow over a .08 to be charged and convicted of an OVI. With that in mind, there are two damning pieces of evidence against you right now - you drank alcohol and you fell asleep behind the wheel at a stop light. I think it works in your favor that you did not take the breathalyzer test. Some on here have suggested that it may have worked against you. I'll let you draw your own conclusions, bearing in mind that a DUI attorney advised against a breathalyzer. Either way - it's in the past.
You need to get an attorney NOW. Judges love looking tough on crime. Defendants without an attorney sure make for an easy target. Get an attorney that specializes in DUI law instead of someone in general practice. They will know the nuances of this type of law and should know the prosecutors and judges that are key to a plea deal. Your preference should be someone who once worked in the prosecutors office charging these types of offenses. This is the most important decision you will make, so think it through well.
If you need to know where to find someone, the Northern Kentucky or Cincinnati Bar Association is a good start. Cincinnati has a lawyer referral service and NKY should too. I'd recommend that you find a Kentucky attorney. As I stated above, the connections he or she has could be a great advantage for you. Also, don't feel obligated to take the first attorney you find. All attorneys are not created equal. If you are going to spend a lot of money on this, make sure you are getting what you need.
Kentucky may be a bit different than OH, but here's what you want to discuss:
-The possibility of a plea. In OH, it usually takes the form of a "wet op" charge. This is a reckless operation charge that carries the DUI penalty. In essence, you serve the punishment associated with a DUI charge but only have a reckless op on your record. Take the "wet op" as an example, not an expectation. A plea may be tough given that the police are going to say that you were very uncooperative. Still, you'll want to discuss it.
-School/work privileges. If possible, see if this can be negotiated.
Temper your expectations on this. I know you feel like you've got a really solid case to prove your absolute innocence. Others may disagree...like the judge. Go over everything with your attorney and see what they say, but mentally prepare yourself for a conviction or a plea deal. They are very real possibilities as well.
Most of all - get some help for yourself. This situation, in addition to some of your posts around here, indicate that you probably need it. I might be out of line in saying that, but the real question isn't what punishment you get for a DUI. The real question is whether you have your life on the right track and you are taking care of yourself.
Best of luck.
Last edited by wolfboy; 02-26-2010 at 01:39 PM.
How do we know he's not Mel Torme?
Not a lawyer but I have to think legally that onus is 100 percent on you.
When the police asked me about the breathalyser, I told them I wanted to refer to a lawyer before submitting. I called a DUI lawyer who told me not to blow, and I guess now I have to pay for it. Speaking of paying . . .
About how much should a DUI lawyer cost me? Thousands of dollars?
Just based on what you've related here, I would definitely push my lawyer to see what sort of deal the prosecutor's office will offer you.
Served on a jury a couple of years ago. It was a DUI case.
We had a juror who was (1) an attorney, and (2) had been convicted of something like 8 DUIs in a 10 year span. How he wasn't stricken during voir dire has baffled every lawyer and judge I've spoken to since.
Defendant was a female, and it was astonishing to watch all of the female jurors throw her under the bus when we went to deliberate. It was like watching a pirranha feeding frenzy.
So based on that, I'd say do what you can to cut a deal. Anything can happen when you (1) go to trial, and (2) the jury goes to deliberate.
Tell the DUI lawyer that you don't have much money. I'm sure they're used to that and will know how to advise you.
I'm almost afraid to ask...do you have car insurance? What you're convicted of will have a future impact on your rates. Usually the cost of the attorney pays for itself by avoiding a major conviction that could jack your rates.
If you were my kid or sibling, I'd definitely help out with the attorney fees so I hope you have family for this. You're in need of getting help out of this mess.
I think it's that way in Ohio too but then again I see folks getting lawyered up and getting much better deals than if they'd blown so my advice is do not take the test if you know you're hammered. The example I gave earlier of my colleage is one of those
Most reputable DUI lawyers will probably charge on a sliding scale. A high-end guy like Steve Adams, Kelly Farrish, Jeff Meadows or Matt Ernst (going local for Cincinnati here) will probably run you close to $2000 - $3000 to handle a case that ends in a plea (either as charged or to some kind of plea). If you have the attorney file a Motion to Suppress (to challenge that evidence taken against you or some part of the initial stop) to fight the case, that will cost you more. If you want the case taken to trial, that'll cost more and if you want the case taken to a jury trial (as opposed to a bench trial), that'll be an additional fee on top of that. I'd anticipate fees somewhere in the neigborhood of $5,000-$6,000 to take an OVI case to trial.
You can find some attorneys who will take your case for less money, but as with anything in life: you get what you pay for. Ask around, though -- there are some good, younger attorneys who have experience as former prosecutors who might do your case for less.
As for your case -- speaking from the other side, being asleep at the wheel is a strong indicator of guilt. If you told the officers you'd been drinking, that's a strong indicator of guilt. If you (or your car) smelled like alcohol, that's a strong indicator of guilt. If you refused a chemical test, that's a strong indicator of guilt. All of these are facts that will (and should) get hammered at a trial. I'd expect a guilty verdict on an OVI trial with the facts you've reported, even given the medical mitigation (unless you can prove you frequently fall asleep in traffic because of your condition).
Contact a lawyer and let them explain the ins and outs to you, though.
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I contacted Steve Adams, and he said the fee will range from $3,500 - $7,500.
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?
Yes. Attorneys know people that work in the prosecutors office, they might be able to get you a better deal. Your goal is to get things reduced as much as possible. It will impact your insurance rates in the future, and possible employment. Most employers these days run a background check.
Get it reduced as much as possible, even if it costs you $3,500. In the future you will be glad you did.
I don't personally have car insurance, but the car might have been insured under my sister's name since the car was still in her name (we traded cars, and I've been nagging her about getting the titled transferred over). I don't drive unless it's an emergency, and I just happened to need food.
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