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06-08-2009, 09:06 AM
| | Junior Member | | Join Date: Jun 2009
Posts: 8
| | | Blew a 0.8
What is the name of your state (only U.S. law)? NC
I was recently stopped and arrested for a DWI. I blew a 0.08. I was more then a gentleman with the arresting trooper and he said I seemed very coherent and knew the date since it was after 12am and knew the day. I walked OR 10am that morning..no bond no tow no nothing
I do not want to waste this counties money putting on a defense for my dwi charge.
I am a college student and broke!!
I want to plea not guilty to the DWI. I ate a spicey italian sandwich loaded with everything that day and had terrible heartburn and acid reflux. On top of that earlier in the day I had a calculus exam and was stressed all week.
If you were a state prosecutor and I came to you and said.
Would you accept a plea deal to a lesser charge of wreckless driving or careless driving and I will perform 100,200??250 hours of community service? Waive all court costs and fines.
What do you guys think? Any advice on how to bargain |
06-08-2009, 09:21 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,078
| | | The word is "reckless". I always try to drive "wrecklessly".
The chances of getting fees waived in any event are slim and none. This is going to cost you.
A pro se use of the spicy sandwich defense isn't likely to get you far in court.
Stress isn't a mitigating factor.
If you want to drive again, it's going to cost you more money.
Start saving those pennies.
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06-08-2009, 09:40 AM
| | Junior Member | | Join Date: Jun 2009
Posts: 8
| | Do you think they will let me plea down? Quote:
Originally Posted by FlyingRon  The word is "reckless". I always try to drive "wrecklessly".
The chances of getting fees waived in any event are slim and none. This is going to cost you.
A pro se use of the spicy sandwich defense isn't likely to get you far in court.
Stress isn't a mitigating factor.
If you want to drive again, it's going to cost you more money.
Start saving those pennies. | |
06-08-2009, 09:56 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,078
| | As you proposed it, yes. They may counter however.
Please do not ask me questions in PM's. Quote: |
Why would 250hours of community service not offset and court costs and or fines?
| Because the courts doesn't get any cash from your community service. The people doing your alcohol eval don't get any cash from your community service. The state DMV doesn't get any cash from your community service. While you might envision having to pay for the burden your criminal activity has placed on the state as an interchangeable punishment, your fees are over and above any punishment the state metes out.
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Just when I think you've said the dumbest thing ever, you keep talking.
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06-08-2009, 10:04 AM
| | Junior Member | | Join Date: Jun 2009
Posts: 8
| | Apologize for the PM... Quote:
Originally Posted by FlyingRon As you proposed it, yes. They may counter however.
Please do not ask me questions in PM's.
Because the courts doesn't get any cash from your community service. The people doing your alcohol eval don't get any cash from your community service. The state DMV doesn't get any cash from your community service. While you might envision having to pay for the burden your criminal activity has placed on the state as an interchangeable punishment, your fees are over and above any punishment the state metes out. | |
06-08-2009, 10:13 AM
| | Junior Member | | Join Date: Jun 2009
Posts: 8
| | So they would not let me do 250 hours cleaning say a highway road or cigs from outside the courthouse? Maybe paint some graffiti walls with fresh paint? clean a river/lake/pond?
Something..
is it all about money? Quote:
Originally Posted by FlyingRon As you proposed it, yes. They may counter however.
Please do not ask me questions in PM's.
Because the courts doesn't get any cash from your community service. The people doing your alcohol eval don't get any cash from your community service. The state DMV doesn't get any cash from your community service. While you might envision having to pay for the burden your criminal activity has placed on the state as an interchangeable punishment, your fees are over and above any punishment the state metes out. | |
06-08-2009, 10:14 AM
| | Member | | Join Date: Apr 2007
Posts: 92
| | Quote:
Originally Posted by FlyingRon
Please do not ask me questions in PM's.
| Sorry, a bit off topic. A PM is a PM. If you don't like it then it's ok to tell the world not to PM you. What I have a problem with is when the receiver of the PM doesn't abide by the fact that the message is marked as PRIVATE and decides to quote to the world what the sender is saying/asking just because the receiver doesn't want to be PM'd. Private to me means that the receiver will respect and treat it that way.
Am I making any sense or do I sound drunk?  |
06-08-2009, 10:19 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,351
| | Quote:
Originally Posted by MikeKV Sorry, a bit off topic. A PM is a PM. If you don't like it then it's ok to tell the world not to PM you. What I have a problem with is when the receiver of the PM doesn't abide by the fact that the message is marked as PRIVATE and decides to quote to the world what the sender is saying/asking just because the receiver doesn't want to be PM'd. Private to me means that the receiver will respect and treat it that way.
Am I making any sense or do I sound drunk? | Nothing is private on the internet...
Heck, even BEFORE the internet, if you sent somebody a letter, they were free to tell others.
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06-08-2009, 10:58 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 8,078
| | Quote:
Originally Posted by MikeKV Sorry, a bit off topic. A PM is a PM. If you don't like it then it's ok to tell the world not to PM you. What I have a problem with is when the receiver of the PM doesn't abide by the fact that the message is marked as PRIVATE and decides to quote to the world what the sender is saying/asking just because the receiver doesn't want to be PM'd. Private to me means that the receiver will respect and treat it that way.
Am I making any sense or do I sound drunk? | You're sounding like a busy body who has no business inserting his uninformed, unwarranted, and off-topic comments into this thread.
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Just when I think you've said the dumbest thing ever, you keep talking.
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06-08-2009, 11:04 AM
| | Senior Member | | Join Date: Nov 2005 Location: New Vertiform City
Posts: 5,084
| | | Bottom line
The mouth alcohol defense - (the spicy sandwich reflux bs...)
NEVER GOING TO WORK. And never in this lifetime without a lawyer.
A DWI is a serious charge. You need a lawyer - even if you intend to plead guilty.
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I've often thought of becoming a golf club. |
06-08-2009, 11:41 AM
| | Junior Member | | Join Date: Jun 2009
Posts: 8
| | I can not afford an attorney. I am broke.. seriously.. broke..
for all i know the machine I blew into is a random number generator..
is the state going to pay for my lawyer to take it all the way? Why not just plea down and let me do community service?
Doesn't the state have to pay for my defense if I am 100% broke? Quote:
Originally Posted by xylene Bottom line
The mouth alcohol defense - (the spicy sandwich reflux bs...)
NEVER GOING TO WORK. And never in this lifetime without a lawyer.
A DWI is a serious charge. You need a lawyer - even if you intend to plead guilty. | |
06-08-2009, 11:52 AM
| | Senior Member | | Join Date: Nov 2005 Location: New Vertiform City
Posts: 5,084
| | Quote:
Originally Posted by andrewinnc I can not afford an attorney. I am broke.. seriously.. broke.. | Get job. Get loan. You really want a lawyer.
You could sell you car. That isn't a joke. Quote: |
for all i know the machine I blew into is a random number generator..
| The police have conclusive proof that it IS NOT. Quote:
is the state going to pay for my lawyer to take it all the way? Why not just plea down and let me do community service?
Doesn't the state have to pay for my defense if I am 100% broke?
| The are NUMEROUS factors at play is whether or not you qualify for a public defender.
The state may resolve your case by community service BUT they are not going to give you community service and a sweet non - DWI plea to save on public defenders.
__________________
I've often thought of becoming a golf club. |
06-08-2009, 07:07 PM
| | Junior Member | | Join Date: Jun 2009
Posts: 8
| | I am not selling my car. I can not find work right now. So chances of a reduced charge to reckless driving is out of the question? Quote:
Originally Posted by xylene Get job. Get loan. You really want a lawyer.
You could sell you car. That isn't a joke.
The police have conclusive proof that it IS NOT.
The are NUMEROUS factors at play is whether or not you qualify for a public defender.
The state may resolve your case by community service BUT they are not going to give you community service and a sweet non - DWI plea to save on public defenders. | |
06-08-2009, 08:20 PM
| | Member | | Join Date: Jan 2009
Posts: 656
| | Quote:
Originally Posted by andrewinnc I can not afford an attorney. I am broke.. seriously.. broke..
for all i know the machine I blew into is a random number generator..
is the state going to pay for my lawyer to take it all the way? Why not just plea down and let me do community service?
Doesn't the state have to pay for my defense if I am 100% broke? | The American judicial system isn't known for letting criminals choose the punishment that will be most convenient for them. The state will provide you with a representative that will advise you of the best course of action and present your case in court. A public defender will not handle your case the same way a private attorney will. North Carolina has some of the toughest DUI laws in the country. It would be in your best interest to get some money together and hire a private attorney.
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I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed."
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06-08-2009, 11:12 PM
| | Junior Member | | Join Date: Jun 2009
Posts: 8
| | Quote:
Originally Posted by ERAUPIKE The American judicial system isn't known for letting criminals choose the punishment that will be most convenient for them. The state will provide you with a representative that will advise you of the best course of action and present your case in court. A public defender will not handle your case the same way a private attorney will. North Carolina has some of the toughest DUI laws in the country. It would be in your best interest to get some money together and hire a private attorney. | If a public defender can not handle my case the way a private attorney can, then that to me sounds like grounds for a mistrial..
I know hes secretly smuggling secrets to the other side, I mean they pay em..
Just because I am broke and not a superstar or some hotshot doesn't mean that I shouldn't be treated equally... sounds like a lopsided system to me.. ya either got money and can defend yourself or you do not and you take it up the butt... | |
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