In the dark..

[Justagirl26]

What is the name of your state (only U.S. law)? Saint Croix, US Viring Islands.

Recently charged with a DUI.

Had a couple beers and a shot just before I left work. I'm driving home and I come around a big corner...my purse falls off the front seat and I reach down to pick up my stuff. As soon as I look up I realize I am in the other lane and I have no choice but to go off to the side of the road. Once I went off the side my tire blew, forcing my car head on into a tree. Cops came to the scene..went to the station did a the breath alyzer test blew a .12

I can't afford an attornery and I don't really know what to do or what is going to happen? I have already went to court and was advice my rights..was appointed a public defender. My next court date is 10/28/09 However; I'm suspose to go to GA on the 20th and I had already purchased the tickets...I filed premission to leave...it's been two days nothing heard. How often do they allow you to leave and reschedule or continue your case? When do I get to speak to the public defender? What will be my penalties?

[dave33]

You are very lucky they have agreed to let you reschedule. I would estimate they might give you a week or two. There is no way for me to know. I am not familiar with the laws there, but would expect probation, alcohol counseling, fine,license suspension and possibly restitution if they claim damage. If this is your 1st offense you should ask if they have some sort of diversion program. Probably very similar punishment, but that will allow you to clear your criminal record. As far as the public defender goes, you must be aggressive. They will not seek you out and will speak to you right before you go in front of the judge. So, call the p.d's office and make an appt. Do not forget this or put this off.goodluck.

[chrismiles]

you were drinking at work?

[lenny71]

Originally Posted by chrismiles

you were drinking at work?

I would assume she is a waitress or bartender. But an assumption and $5 will get you a cup of coffee at Starbucks.

Dave33, from reading her post I don't see that they ok'ed anything yet.

[scherado]

I have taken a public defender for the first time for my fourth drinking/driving offense. I spoke with her on the phone prior to my first hearing, my arraignment hearing, which occurred not on my arrest night but four weeks later.

She made so many mistakes at this arraignment hearing that I had grounds to replace her immediately but I did not get up to speed until 5 weeks AFTER my arraignment hearing. During this time she committed some whoppers!

Her mistakes on the phone prior to 1st hearing:

1) She insisted--I asked her twice--that the judge would NOT reference the arresting officer's supporting deposition at the arraignment. I was concerned BECAUSE THE COPIOUS NOTES ON IT WERE 80% ILLEGIBLE! He DID read from it, breaking his neck, removing his glasses, moving it close-to then far from his face--as though he was inspecting some hanging chad! He picked out some words that happened to look very bad. (Other than the illegibility, the officer failed to record one of the field sobriety tests that I NAILED EXACTLY RIGHT--the officer nearly fell over as he, I suspect, had never had anyone even come close to nailing it. Also, he conveniently omitted what I blew as a breath test--it was 0.)

2) She insisted that the judge could NOT confiscate my license BEFORE my blood test results had returned. This is true, but she was ignorant of the OTHER conditions which defined pre-conviction confiscation. (See below.)


Mistakes at the 1st hearing:

1) Through her ignorance of 1192 statues, she allowed the judge to confiscate my license BUT HE DID SO INCORRECTLY as I did not meet any of the conditions which allow (or require) a license be confiscated prior to conviction. (This is the subject of my only thread in this DWI/DUI sub-forum.)

2) She did NOT possess my rap sheet at this hearing! This means she did not know the most basic elements of the person she represents.

3) She did not object to referencing the supporting deposition in lieu of a legible copy.


Mistakes after the first hearing:

1) When I informed her that the judge confiscated my license on a mis-reading of 1192 law, she resisted AT EVERY STEP AND USING THE SLEAZIEST TACTICS my request to correct this error prior to my next hearing. (Her behavior at this stage was so sleazy and child-like that when I later was given a hearing by the head of the Public Defender's office to have her replaced, I found myself warning this man that if I tell him what happened Ms. [name omitted] will be greatly embarrassed.)

2) After "forcing her" (see my thread) to inform the judge of his error by writing and delivering a letter prior to my next hearing--something she refused to admit could be written, much less delivered, prior to my next hearing--she confessed that she had NOT written (and delivered) this letter after GIVING HERSELF a week to do it--and for what reason? You must be sitting before you read this! THE REASON WAS THAT SHE DID NOT, YET, HAVE MY RAP SHEET AND THAT IT WAS TO BE PROVIDED BY THE DA WHO WAS OUT FOR THE REST OF THE WEEK (coincidentally, a day before my next hearing.)

[What I left out here is so baffling and sleazy that I can't figure out how to include it in a description without risking that the reader abandon all hope of understanding. Here it is: SHE INTRODUCED THE IDEA OF WRITING A LETTER; but, in the same breath--she must have been thinking out-loud--that the letter would hasten the return of my blood test results. I thought for a moment about this (we were on the phone) and said I'll do that. Without hesitation, she said that nothing can be done prior to my next hearing. I thought that I had hallucinated something--NO, I had processed her IMPLICATION that something could be done when she introduced the idea of the letter! I pressed that she said something could be done! She denied! I said she IMPLIED that something could be done! She complained of being "on the stand". I pressed and she stopped denying but would not agree to do anything prior to the next hearing. I ended the phone call.

Let me note here that while on the phone she looked up the 1192 statute that I claimed would show the error--AFTER complaining that I can't just read anything anywhere and go by that!! She resisted AT EVERY MOMENT! I had to force her to look it up at that moment. I was correct. I NEVER ONCE DREW ATTENTION TO THE FACT THAT SHE MESSED UP ROYALLY--I ALWAYS REFERRED TO THE JUDGE'S ERROR. SHE NEVER ONCE TO DATE EVER EXPRESSED ANY REMORSE FOR HAVING MY LIBERTY "STOLEN"--MUCH LESS ANY INCLINATION TO CORRECT IT!

-----------

It gets worse: I quickly marched (I can't drive--we all know the reason) to the PD office to ask to have her replaced. A woman sitting in the reception's chair said that I would have to re-apply for a new defender using the process that I used to get the first one.

When I marched there the following day (as I was too late for 'intakes' the previous day) I was taken into a back room to be heard by the head of the office and left without a new defender--he delegated the task to a subordinate who was not present. Note that I was given the wrong information by the receptionist--it is >20 miles to this office. The new man took my complaint OVER THE PHONE: I did not HAVE TO traverse that LONG distance that day due to the idiotic receptionist.

------

I ate the head defender for breakfast that day as I ate my defender several time for several meals after I got up to speed on what was happening.

BE VERY VERY ASSERTIVE AND AGGRESSIVE! All one has to do is STICK UP FOR ONESELF! But you need nerves of steel as they--so it seems--have no taste for being confronted by lowly "clients".

My training ground for these experiences was a job that had me dealing with some of the brightest computer scientists in the country (the world?) for seven years.

Good luck to you all!

[divona2000]

scherado, so what is your legal question?
Oh, wait, you don't have one.
You just wanted to post a long, rambling rant on someone else's post.