1st offense DUI w/injury

[laurengartner]

What is the name of your state (only U.S. law)? California

I was involved in a DUI accident which resulted in injury. This makes it a felony charge. It is my first offense ever, and I was hoping to have the felony charge dropped to a misdemeanor. The other driver involved was taken to the hospital, but had no serious injuries: no broken bones, etc. She was released after a few hours. However, at my court appearance the DA offered up a plea that would result in a 16 month state prison stay. Needless to say, this scares me to death. My lawyer got my court date pushed back so that the original judge I faced would be the one presiding the case. (He was on vacation.) This judge had released me OR the first time I stood in front of him, and has a better knowledge of my case.

I want to know as much as possible about 1st offense DUIs resulting in injury, so that I can have a better idea of my rights, and the results of other cases such as my own.

I'm worried that my lawyer doesn't have a full knowledge of DUI laws and can keep me out of prison. The fact that he looks nervous in court makes me extremely nervous.

Any information would be greatly appreciated!!

[BigMistakeFl]

If your lawyer is not one who specializes in DUI defense, you need to drop him fast and get one who is qualified. This is no simple matter for the old family attorney to handle.

[RatPackLar]

If you are not confident in your lawyer then you need to get another one asap, you want one who specializes in DUI, knows CA Laws, etc. Here is a link with some info, [url]http://www.1800duilaws.com/states/ca.asp[/url]

This is your butt on the line, and at the end of the day, everybody else goes home, and you go to jail.

Good Luck!

[laurengartner]

hey, thanks for replying. i'll definitely check out that link.

supposedly he IS a dui lawyer, but he seems kinda socially awkward, and almost uncomfortable in the court room. when i ask my lawyer questions i want him to know the answers, ya know? when i first met him he was asking me questions like had i thrown up, cause that could have upped what i blew, etc. i wish he was less concerned with trying to find a loop hole or beat the system and would just look at the facts and help me out. i'm not going to get anywhere that way. the facts are that i am a responsible person who got stuck in a ****ty situation and had a bad friend put me behind the wheel when she shouldn't have. i'm so frustrated because i am always the person taking away my friends keys and/or dd. what i need to convince the court is that i'm actually a benefit to society, rather than yet another person to stick in our overcrowded prison system.

i'll keep you guys posted. plus any other links/experiences/info would be greatly appreciated.

~L

[Indiana Filer]

Originally Posted by laurengartner

hey, thanks for replying. i'll definitely check out that link.

supposedly he IS a dui lawyer, but he seems kinda socially awkward, and almost uncomfortable in the court room. when i ask my lawyer questions i want him to know the answers, ya know? when i first met him he was asking me questions like had i thrown up, cause that could have upped what i blew, etc. i wish he was less concerned with trying to find a loop hole or beat the system and would just look at the facts and help me out. i'm not going to get anywhere that way. the facts are that i am a responsible person who got stuck in a ****ty situation and had a bad friend put me behind the wheel when she shouldn't have. i'm so frustrated because i am always the person taking away my friends keys and/or dd. what i need to convince the court is that i'm actually a benefit to society, rather than yet another person to stick in our overcrowded prison system.

i'll keep you guys posted. plus any other links/experiences/info would be greatly appreciated.

~L

See the bolded part above. You are not taking responsibility for your actions! YOU chose to drive after drinking. No one strapped a bomb to the car and forced you to drive. YOU made the decision to drive, not one else. Don't blame your friend. YOU made the choice.

[laurengartner]

ya know what? i don't need people like you responding. like i don't feel terrible enough. i came to this site for help, not for someone on a high horse to try and put me down. highschool was too long ago for "i'm mean because you're stupid." give me a break.

you don't know me. i am taking responsibility for my actions. i just think it's a lesson for others to learn to not go out with people they don't know well. i hardly ever drink and made a big deal about how i was going to get home. she told me she would drive and that i could sleep out. then, once i was blacked out, she stuck me behind the wheel of a car. so sorry if i feel that maybe a little blame lays on her shoulders.

please don't respond to me, or anyone else on this site, if you have nothing constructive to contribute. people make mistakes. grow up and learn how to help others, not chastise them.

[JIMinCA]

Originally Posted by laurengartner

ya know what? i don't need people like you responding. like i don't feel terrible enough. i came to this site for help, not for someone on a high horse to try and put me down. highschool was too long ago for "i'm mean because you're stupid." give me a break.

you don't know me. i am taking responsibility for my actions. i just think it's a lesson for others to learn to not go out with people they don't know well. i hardly ever drink and made a big deal about how i was going to get home. she told me she would drive and that i could sleep out. then, once i was blacked out, she stuck me behind the wheel of a car. so sorry if i feel that maybe a little blame lays on her shoulders.

please don't respond to me, or anyone else on this site, if you have nothing constructive to contribute. people make mistakes. grow up and learn how to help others, not chastise them.

Wow... I really wish I was smarter about DUI laws so I could help you. But, I do appreciate your intollerance of stupid people who think they are helping someone by pointing out that they are guilty. No one on this site has EVER come here to see if someone could help them determine if they were being responsible. People come here because they have legal issues to deal with. That's all.

Well said.

[RatPackLar]

[url]http://www.duiblog.com/[/url]

[theycallmecory]

Originally Posted by laurengartner

ya know what? i don't need people like you responding. like i don't feel terrible enough. i came to this site for help, not for someone on a high horse to try and put me down. highschool was too long ago for "i'm mean because you're stupid." give me a break.

you don't know me. i am taking responsibility for my actions. i just think it's a lesson for others to learn to not go out with people they don't know well. i hardly ever drink and made a big deal about how i was going to get home. she told me she would drive and that i could sleep out. then, once i was blacked out, she stuck me behind the wheel of a car. so sorry if i feel that maybe a little blame lays on her shoulders.

please don't respond to me, or anyone else on this site, if you have nothing constructive to contribute. people make mistakes. grow up and learn how to help others, not chastise them.

Thank you.
I was in a similar situation.
And I got hounded by people and got almost NO help!

This is a forum for help, not for pointing out the flaws of others.
Jesus.

[laurengartner]

seriously. i don't know what goes through someone's mind when they post stuff like that. o well...

thanks to everyone else.

unfortunately, the DA threw the book at me pretty hard, and i should've listened to the people who told me to ditch my lawyer. he was no help at all. i wound up taking a plea for 90 days in county jail. still got that felony too. i'm still second guessing if i should have taken it to trial. but what's done is done. let's hope that overcrowding will get me pushed out asap!

[seniorjudge]

Originally Posted by laurengartner

seriously. i don't know what goes through someone's mind when they post stuff like that. o well...

thanks to everyone else.

unfortunately, the DA threw the book at me pretty hard, and i should've listened to the people who told me to ditch my lawyer. he was no help at all. i wound up taking a plea for 90 days in county jail. still got that felony too. i'm still second guessing if i should have taken it to trial. but what's done is done. let's hope that overcrowding will get me pushed out asap!

Sounds like you got off easy.