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12-19-2006, 08:06 PM
| | Junior Member | | Join Date: Dec 2006
Posts: 3
| | | Advice in SC What is the name of your state? South Carolina
I was arrested for a DUI on the nite of a rival college football game. The officer said I was speeding and he smelt alcohol on me. He made me do the standard tests and said I failed them and put the cuffs on me. At the station, I ended up blowing a .08, which is the limit in South Carolina. The bad thing is that I just finished up classes and was waiting for my graduation date. I also was supposed to fly to Texas the following morning for a job. The cop said I was real polite and would help me out at the court date. Will the police and judge talk to me beforehand to get a resolution before the court date? I know public defenders aren't really that good, but would one be good with this situation? What is the least that could happen to me? Any advice and suggestions would be really helpful. | 
12-20-2006, 08:37 AM
| | Senior Member | | Join Date: Jan 2005 Location: North Florida
Posts: 1,625
| | | BigMistakeFl A fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; however, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence; | 
12-20-2006, 01:01 PM
| | Senior Member | | Join Date: Jan 2005 Location: North Florida
Posts: 1,625
| | | BigMistakeFl If you choose to get a lawyer, he or she can propose to the prosecution that you would plea to a lesser charge, say for instance, reckless driving. The prosecutor can choose to do so, or refuse and may counter. Once it gets to the judge in a trial setting, his or her hands are tied and in most states, cannot be "reduced". | 
12-22-2006, 04:28 PM
| | Junior Member | | Join Date: Dec 2006
Posts: 3
| | | I know its up to me, but do you think it would be smart to get a lawyer or public defender for my situation? | 
12-23-2006, 11:37 AM
| | Senior Member | | Join Date: Jan 2005 Location: North Florida
Posts: 1,625
| | | BigMistakeFl I don't know, I just grew up hearing the old saying, "you get what you pay for". If you can find a way to hire a good DUI lawyer, you most likely cannot qualify for public defender anyway.
You can always interview DUI defense lawyers. The first meeting is usually free, and you can spill your guts and hold nothing back. You'll get lots of information and make the decision for yourself whether to hire one or not. | 
12-23-2006, 12:24 PM
| | Junior Member | | Join Date: Dec 2006
Posts: 3
| | | I talked to a few and they would let me make payments. I just don't want to be in the situation where I pay all this money, and don't get off with a lesser charge. Thanks for your advice though. | 
12-23-2006, 12:39 PM
| | Senior Member | | Join Date: Jan 2005 Location: North Florida
Posts: 1,625
| | | BigMistakeFl Well, that's exactly what happened to me. I hired a lawyer, paid several thousand dollars, and still ended up settling for the standard minimum penalties. No lesser charge, no break. That's because I was guilty. My advice to others I speak with now is, if you think the case against you is strong enough to get a conviction, just get a jump start on the penalties and get this behind you.
Funny thing is, I knew I was guilty. Still, I thought there must be a loophole that could open up for me and the whole thing would just "go away". That doesn't happen in real life; this isn't Mattlock. | |
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