Doing things BEFORE court date

[sjmjuly]

What is the name of your state? Maryland

I was arrested in Maryland for DUI - Blew a .09. I live in Virginia. Cooperated with the police officer, didn't have to post bail and was driven home (by the arresting officer) 2 hours after my arrest. I was never even fingerprinted.
Obtained a lawyer, voluntarily attended a Victim Impact Panel meeting (would have gone to more, but they only offer them once a quarter) Completed a DUI 8 hour driving improvement course and I am currently attending a 12 week alcohol abuse course where I have received an evaluation and take routine urine tests for alcohol & drugs (All negative - I don't do drugs)
My court date is in June and by then I should have completed 9 weekly sessions of the alcohol abuse course. The therapist is going to give me the assessment to take to court with me that will state full compliance of the class. Remember, all of this has been done without a court order.
Here's my question: The state of Maryland has what is called "Probation before Judgement". It's similar to what they have in Pennsylvania (ARD) It states that someone (like me) that has never been in trouble, never cited for DUI in the past, (driving record is clean) can be given probation for a specified period of time and after compliance of the probation, I will not be convicted of the DUI. Anyone out there familiar with Maryland? And do you think my chances are good to receive Probation before Judgement? I am hoping I can prove to the judge that I am truly remorseful and this will NEVER happen again.

[ichy]

What county were you arrested in? If you were in Baltimore City I would say that you are practically guaranteed to end up getting PBJ. The courts here are so overloaded that they can't even prosecute rapists and murderers properly.

[sjmjuly]

Originally Posted by ichy

What county were you arrested in? If you were in Baltimore City I would say that you are practically guaranteed to end up getting PBJ. The courts here are so overloaded that they can't even prosecute rapists and murderers properly.

I was arrested in Ocean City - Well Ocean Pines to be exact. My attorney said that was a good thing as the judges seem to be better than in Ocean City. I just want this over with so I can get on with my life. I have never been in trouble before and the circumstances surrounding the incident were strange. Our designated driver decided to get drunk and I quit drinking (I only had four drinks all night - 2 beers and two glasses of wine between 4:00 PM & 9:30 PM) I drank ginger ale from 9:30 to 11:00 when we left. I did this so I could drive, and I still got in trouble. I wish now that I would have been totally hammered because we would have taken a taxi!. The ONLY reason I drove is because I hadn't had much to drink and nothing for two hours before we left. I am a small person though & I think maybe that had something to do with it. Being female didn't help either. I have learned my lesson - Believe me. I just want to do what I need to do, pay my dues and move on.

[ichy]

I know this is a vague and not too useful answer, but I'd say it depends on the judge. You mentioned your attorney, what does he or she say? A lawyer is obviously going to be know more about the local courts than someone on this board. I've talked with a couple of people with legal experience about this in the past, and they both said that most first time DUIs get PBJ, as long as you didn't do something idiotic like run from the cop or drive with a kid in the car. Both of them were from the Baltimore area though, so I can't say what the Eastern Shore is like. If you have the time I'd say go spend a day in court and watch how it goes for other people. I think you can be cautiously optimistic that you'll get PBJ.

[BL]

Get an appointment for Alcoholic evaluation , if you are referred , at least get a date to start outpatient treatment .

Advise the Court .

[sjmjuly]

Thanks for the answers. My attorney said I have a good chance for a PBJ, though he can't guarantee anything. I did cooperate with the cops and even had a nice conversation with the Seargent (he didn't arrest me - another one did, but the seargent was at the station) about the military. Both my husband and his son are both in the service. He was the one that told me to get an attorney. I asked him why I needed one because I blew a .09 - I figured I was already convicted. You could tell he knew things he wanted to tell me (like I had a good chance of PBJ) but being a police officer there wasn't much he could say.
I have already been through an alcohol assessment/evaluation through an outpatient treatment facility in the county where I live. I have been tested for drugs (negative) and have attended three counseling sessions - one a week for the past three weeks. It is a 12 week program and by the time I go to court I will have completed 9 weeks of sessions. The therapist has stated that I have been responsible and I am doing the best things I can do to prove to the judge I am sorry. I just hope he/she sees it that way as well.

[seniorjudge]

Please let me tell you that your attitude sounds like you will do good.

Your attitude is rare among drunk driving defendants.

I do have one little problem with you: you say you don't do drugs.

Alcohol is the drug which causes more problems in this country than any other drug (legal or illegal).

Other than that...good luck and keep up the good attitude.

[sjmjuly]

Originally Posted by seniorjudge

Please let me tell you that your attitude sounds like you will do good.

Your attitude is rare among drunk driving defendants.

I do have one little problem with you: you say you don't do drugs.

Alcohol is the drug which causes more problems in this country than any other drug (legal or illegal).

Other than that...good luck and keep up the good attitude.

Senior,

Good point about the drugs/alcohol. Yes - alcohol can be a MAJOR problem and probably kills more people than drugs do. I guess I meant that I don't do DRUGS in the traditional sense. I look at them as two separate things - Not to say that either one is better or worse than the other, or less addictive. The same can be said about smoking cigarrettes.
I just know that I made a mistake getting behind the wheel that night even though I thought I did what I needed to do to assure that I was sober to drive. Do I think I would have made it home safely? - Yes. I honestly believe I would have, but that doesn't matter. The fact remains that I did something wrong and I will never do it again. My husband and I have made it a house rule & law now that neither one of us will get behind the wheel of a car after having just one drink. It's just not worth it. Both of us don't drink much - maybe a glass of wine or a beer on the weekend, (none during the week) but as my story proves, it doesn't take much to get yourself into trouble. Big, huge wake up call for me.

[ichy]

I talked to someone else who's a criminal lawyer in Maryland over the weekend, and apparently getting PBJ on a first time DWI is very common, especially for a case like yours where you were just barely over the limit and you cooperated in every way possible. He said that first time DWIs in MD are basically free, but after that it's double or nothing, so you'd better never get caught again. Of course you sound like you learned your lesson, so best of luck in court.

[sjmjuly]

Originally Posted by ichy

I talked to someone else who's a criminal lawyer in Maryland over the weekend, and apparently getting PBJ on a first time DWI is very common, especially for a case like yours where you were just barely over the limit and you cooperated in every way possible. He said that first time DWIs in MD are basically free, but after that it's double or nothing, so you'd better never get caught again. Of course you sound like you learned your lesson, so best of luck in court.

Thanks ichy,
I hope the judge sees it this way. And yes, I have learned my lesson. I NEVER want to EVER go through something like this again. It has nothing to do with how much money it's costing me either. We don't hurt for money so that's not the issue. It's the embarrasment, shame and knowing that I have done something so stupid that will always be there - I was arrested. That's the worst part.