What is the name of your state (only U.S. law)? Maryland
Will be appearing in District Court of Maryland - Worchester County
Okay - I will try to make this brief and to the point. A week ago my family was on vacation. We frequent the condo we stayed in often and have always enjoyed. Yet, this time I got into a bit of trouble. During our stay my wife and I got away from the kids and my family and went out on a date. I consumed about 4 glasses of wine - enough for a light weight like me to get a intoxicated. My wife and I had a fight - back at the condo (we walked home) - I screamed at her and my in laws as well as struck my brother (no harm done - no charges pressed) - I also destroyed some property at the condo and the police were called.
They came and I was not a model citizen - I was not violent with the police just a big ASS - they were concerned I might cause more property damage because of my demeanor and arrested me for "Melicious Destruction of Property" and while no breatherlizer was done nor was the arrest for Drunken and Disorderly - the concern that I was intoxicated on alcohol was mentioned in the police report. So here is my questions - they are primarily around my approach to this as well as about one other unfortunate event in my history.
I am 52 - a business owner and upstanding member of my community. My behavior - while unfortunate - has never occured before and there is no record of me doing so.
Approach
I was fortunate to receive a great letter from the Condo - acknowledging my quick response to paying for the damages as well as an open invitation to return as a guest any time we would like. I plan to simply express my regrets and apologize openly to the officers for my behavior and be prepared to present that letter from the Condo. I also wrote a letter directly to the arresting officer expressing my regrets and thanking him for the dignity and respect he showed toward myself and family. I will not bring that up unless he offers – which I hope he does. I will further promise that this will never happen again and point to my record which has no history of violence - hoping the judge will look at me and provide a reasonable penalty - hopefully a PBJ (Not sure if that happens with such a misdemeanor).
Here is the Maryland State Law -
One Issue That Concerns Me
Again, I am not a heavy drinker yet I did have a DUI 4 years ago and got a PBJ. I have been off parole for over 3 years. I assume this is not an alcohol related charge but it could have some barings on the judges ruling. I assume while my record has be expunged that the judge will be able to see that record? I am not sure if it is wiped from the court records as well? Will they tend to look back for things like that? Or is there a chance they will not?
I do not plan to mention this unless I am asked directly if I have had any “alcohol related charges” before. I assume while the PBJ might create some concern for the judge that because this is not a Drunk and Disorderly – she really can’t use that part of the law – especially since there was no proof I had been drinking. Now I would not deny it if asked just wanted to see how this might come into play with the judge?
I also plan to bring a letter from my therapist who I have seen since 1984 - indicating I have no violent past and that he sees no issues with further alcohol use - I don't plan to bring that out unless the judge goes down the alcohol path and I have to give up that I had a DUI.
Is my approach sound? Thoughts on the potential impact of the DUI PBJ? Other thoughts?
Will be appearing in District Court of Maryland - Worchester County
Okay - I will try to make this brief and to the point. A week ago my family was on vacation. We frequent the condo we stayed in often and have always enjoyed. Yet, this time I got into a bit of trouble. During our stay my wife and I got away from the kids and my family and went out on a date. I consumed about 4 glasses of wine - enough for a light weight like me to get a intoxicated. My wife and I had a fight - back at the condo (we walked home) - I screamed at her and my in laws as well as struck my brother (no harm done - no charges pressed) - I also destroyed some property at the condo and the police were called.
They came and I was not a model citizen - I was not violent with the police just a big ASS - they were concerned I might cause more property damage because of my demeanor and arrested me for "Melicious Destruction of Property" and while no breatherlizer was done nor was the arrest for Drunken and Disorderly - the concern that I was intoxicated on alcohol was mentioned in the police report. So here is my questions - they are primarily around my approach to this as well as about one other unfortunate event in my history.
I am 52 - a business owner and upstanding member of my community. My behavior - while unfortunate - has never occured before and there is no record of me doing so.
Approach
I was fortunate to receive a great letter from the Condo - acknowledging my quick response to paying for the damages as well as an open invitation to return as a guest any time we would like. I plan to simply express my regrets and apologize openly to the officers for my behavior and be prepared to present that letter from the Condo. I also wrote a letter directly to the arresting officer expressing my regrets and thanking him for the dignity and respect he showed toward myself and family. I will not bring that up unless he offers – which I hope he does. I will further promise that this will never happen again and point to my record which has no history of violence - hoping the judge will look at me and provide a reasonable penalty - hopefully a PBJ (Not sure if that happens with such a misdemeanor).
Here is the Maryland State Law -
I am confident that the judge will not be throwing me in jail for any time given this is a first offense... I suppose the possibility exists but given my standing in the community, age and no record of this - it would seem silly - I am hoping for a PBJ. There is one more thing....
One Issue That Concerns Me
Again, I am not a heavy drinker yet I did have a DUI 4 years ago and got a PBJ. I have been off parole for over 3 years. I assume this is not an alcohol related charge but it could have some barings on the judges ruling. I assume while my record has be expunged that the judge will be able to see that record? I am not sure if it is wiped from the court records as well? Will they tend to look back for things like that? Or is there a chance they will not?
I do not plan to mention this unless I am asked directly if I have had any “alcohol related charges” before. I assume while the PBJ might create some concern for the judge that because this is not a Drunk and Disorderly – she really can’t use that part of the law – especially since there was no proof I had been drinking. Now I would not deny it if asked just wanted to see how this might come into play with the judge?
I also plan to bring a letter from my therapist who I have seen since 1984 - indicating I have no violent past and that he sees no issues with further alcohol use - I don't plan to bring that out unless the judge goes down the alcohol path and I have to give up that I had a DUI.
Is my approach sound? Thoughts on the potential impact of the DUI PBJ? Other thoughts?
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