3 DUI's within 5 years Long story short NEED ADVICE

[Heavyweight]

What is the name of your state (only U.S. law)? PA
Hello I am a 29 year old software engineer need advice on a "PCRA" for my second case.

1st DUI 2005 BAC 0.06 blood had pot in it. No lose of licesense just proabtion and ARD.

2nd DUI 08/2007 BAC 0.05 blood had pot in it.

3rd DUI 11/2007 BAC 0.14 blood had pot in it.

Since DUI 2 and 3 were so close to each other they were presented to the court on the same day after a year of continuances.

OK those are the facts now hears the story.

2nd dui I was pulled over for running a Yellow/Red light, was given a breathalyzer and it was 9 points over the actual BAC. I blew a BAC 0.14 20 minutes later I'm in the ER and they take my blood actual BAC was 0.05 with a low ng level of pot. So technically it's a automatic DUI because of the pot.

My attorney got the drug charged dropped and kept my case at a DUI of 0.05 no drug charge.

3rd dui I was pulled over for tinted windows and was given a breathalyzer that was 0.14 blood was 0.14 with pot. This case was fare no way to argue this one. My attorney also got the drug charged dropped and kept it at a DUI with a bac of 0.14 no drug charge.

The problem is I believe my attorney did not advise me correctly, after it all over he went about it completely wrong based opinions of other attorney I spoke to.

My attorney did not no of or forget to mention the Habitual offender law. I did 90 days in jail and expected to get 12 months suspension for the 2nd dui and 18months for the 3rd. The judge and my attorney were all in agreement for 2.5 years license suspension and 5 years probation.

Well the week I get out of jail I get a letter stating Im a habitual offender and Im going to get 1 year suspension for DUI 2 and 5 years revoked for DUI 3.

I have been told if my attorney new what he was doing I should have taken the second case to trial and since the drug charge was dropped and hopefully gotten my 0.05 case dropped to a reckless driving to avoid the 3 in 5 year rule.
So now I have appeal the 5 years revoked and am looking for any help advice I can get to get my 18 month suspension back instead of 5 years. I mean the breathalyzer was off and my BAC was below the limit to begin with. I feel if the cops breathalyzer was correct I would have gotten a ticket for the light and maybe my card towed. now I cant argue the 3rd offense but I wouldn't be considered a habitual offender at this point. I know I need my licensees suspended but 2.5 years is what I was told I was getting.

I need advice on filing a "PCRA" on my second offense. I have file the appeal PROSAY. Thanks for any advice and I no I should not have been driving and I deserve hell. So please get pass that I understand.

 

[Antigone*]

What is the name of your state (only U.S. law)? PA
1st DUI 2005 BAC 0.06 blood had pot in it. No lose of licesense just proabtion and ARD.

2nd DUI 08/2007 BAC 0.05 blood had pot in it.

3rd DUI 11/2007 BAC 0.14 blood had pot in it.

Since DUI 2 and 3 were so close to each other they were presented to the court on the same day after a year of continuances.

OK those are the facts now hears the story.

2nd dui I was pulled over for running a Yellow/Red light, was given a breathalyzer and it was 9 points over the actual BAC. I blew a BAC 0.14 20 minutes later I'm in the ER and they take my blood actual BAC was 0.05 with a low ng level of pot. So technically it's a automatic DUI becasue of the pot.

My attorney got the drug charged dropped and kept my case at a DUI of 0.05 no drug charge.

3rd dui I was pulled over for tinted windows and was given a brethalizer that was 0.14 blood was 0.14 with pot. This case was ligtement no way to argue this one. My attorney also got the drug charged dropped and kept it at a DUI with a bac of 0.14 no drug charge.

The problem is I believe my attorney did not advise me correctly, after it all over he went about it completely wrong based opinions of other attorney I spoke to.

My attorney did not no of or forget to mention the Habitual offender law. I did 90 days in jail and exspected to get 12 months suspension for the 2nd dui and 18months for the 3rd. The judge and my attorney were all in agreement for 2.5 years license suspension and 5 years probation.

Well the week I get out of jail I get a letter stating Im a habitual offender and Im going to get 1 year suspension for DUI 2 and 5 years revoked for DUI 3.

I have been told if my attorney new what he was doing I should have taken the second case to trial and since the drug charge was dropped and hopefully gotten my 0.05 case dropped to a reckless driving to avoid the 3 in 5 year rule.
So now I have appeal the 5 years revoked and am looking for any help advice I can get to get my 18 month suspension back instead of 5 years. I mean the breathalyzer was off and my BAC was below the limit to begin with. I feel if the cops breathalyzer was correct I would have gotten a ticket for the light and maybe my card towed. now I cant argue the 3rd offense but I wouldn't be considered a habitual offender at this point. I know I need my licensees suspended but 2.5 years is what I was told I was getting.

I need advice on filing a "PCRA" on my second offense. I have file the appeal PROSAY. Thanks for any advice and I no I should not have been driving and I deserve hell. So please get pass that I understand.

Go to Rehab and take the bus. You should no longer have the priviledge of driving a car.

I feel sorry for the citizens of PA.

 

[Heavyweight]

I have already been punished going to rehab is something I am willing to do but that has nothing to do with my question. Please only respond with helpful info on the PCRA. Since the fact is the breathalyzer was off by 9points!!

 

[FlyingRon]

Don't get snarky with us. You're the sociopathic drug addict and alcoholic.


What makes you think you are entitled to any post conviction relief?

What Constitutional issue do you want to bring up that affected the adjudication? You plead guilty. Not with duress or anything like that, but because you thought you'd get a good deal and now you are upset that you think you could have got a better deal if you finagled the charges.

You don't have much of a claim for ineffective counsel. The fact that you thought the penalties would be different doesn't qualify there. The definciency in the counsel has to be directly related to the ability to reach an adjudication of guilt or innocence. Since you went before the judge and specifically reitereated that you had committed the crime in question as part of your guilty plea, it's not going to happen.

No interference in your right to appeal by the government appears to have happened.

No new exculpatory evidence has been found that would have changed the trial. The breathalizer discrepancy is meaningless for several reasons. Even if it were inadmissable, it wouldn't have changed the outcome. First and foremost, because it was never used in evidence because you plead guilty and confessed under oath. Second, the fact that your BAC at the hospital was slightly below the per se limit doesn't mean you were innocent nor does it indicate that the breath test itself was invalid on it's face.

No unlawful criminal procedure or imposition of sentence has occured.

You're not eligible under the act.

 

[Heavyweight]

Well thanks for some use full info at least.

Dont' get snarky! I'm a alcoholic because I drove at 0.05 and got screwed because the cops reader was off. Plus pot can stay in your blood for at least 45 days or more, my second offense was dirty from a company cruise hell the whole board smoked on the boat! Please any body that goes to a bar and has at least 2-3 beers will have that blood level and still be legal. Thank you for a educated response I can actually use, the first response.....

 

[HomeGuru]

Well thanks for some use full info at least.

Dont' get snarky! I'm a alcoholic because I drove at 0.05 and got screwed because the cops reader was off. Plus pot can stay in your blood for at least 45 days or more, my second offense was dirty form a company cruise hell the whole board smoked on the boat! Please any body that goes to a bar and has at least 2-3 beers will have that blood level and still be legal. Thank you for a educated response I can actually use, the first response.....

**A: ok, whatever.

 

[Just Blue]

Well thanks for some use full info at least.

Dont' get snarky! I'm a alcoholic because I drove at 0.05 and got screwed because the cops reader was off. Plus pot can stay in your blood for at least 45 days or more, my second offense was dirty from a company cruise hell the whole board smoked on the boat! Please any body that goes to a bar and has at least 2-3 beers will have that blood level and still be legal. Thank you for a educated response I can actually use, the first response.....

You're an alcoholic because you got a DUI and continued to drive drunk. You got another DUI and continued to drink, drug and drive. And you now have THREE conviction in 5 years. You are a danger to yourself and others as long until you get help for your problem.

 

[Heavyweight]

Well I did state fact there was never a possession charge and I never been arrested besides for driving. The way I see it I have one dui. the rest are because pot stays in your system for ever. I am wrong... I have quit drinking, and I dont smoke weed any more. Even though I don't consider a joint with the wife once a month a drug attict. Thanks for the info those that have helped. If there is any other proactive defense att state of mind I want to hear it. The appeal has already been set and I have plenty of time to get another attorney.
i have already adjusted my life and moved my family near my company so I can walk/ bike to work. but I want to no what other info I can use when I go to the appeal. I feel I deserve 30 months of suspension not 6 years. Every one hear responds like they all live perfect lives.

 

[Antigone*]

Well I did state fact there was never a possession charge and I never been arrested besides for driving. The way I see it I have one dui. the rest are because pot stays in your system for ever. I am wrong... I have quit drinking, and I dont smoke weed any more. Even though I don't consider a joint with the wife once a month a drug attict. Thanks for the info those that have helped. If there is any other proactive defense att state of mind I want to hear it. The appeal has already been set and I have plenty of time to get another attorney.
i have already adjusted my life and moved my family near my company so I can walk/ bike to work. but I want to no what other info I can use when I go to the appeal. I feel I deserve 30 months of suspension not 6 years.

Well...sometimes we don't get what we deserve...we get what we need. And you got yours.

 

[Heavyweight]

Well...sometimes we don't get what we deserve...we get what we need. And you got yours.

KMA im sure you will get yours one way or the other...

Flyingron has been the only one that been able to respond with a decent answer.
Now Fuct what you think about me and give me a defensive answer from my point of view if it's possible.

 

[HomeGuru]

KMA im sure you will get yours one way or the other...

**A: it already happened; lost wires.

 

[Heavyweight]

What doe s **A mean..

 

[Just Blue]

What doe s **A mean..

Answer**************......

 

[>Charlotte<]

It sounds like you can appeal under the WAAH doctrine.

 

[Just Blue]

It sounds like you can appeal under the WAAH doctrine.

Would you like to bet how many members are franticly "googling" the above???