dui first offense refusal + court date changed

[turdferguson]

What is the name of your state (only U.S. law)? ms

I posted here last month asking for advice on how to handle my situation, the thread eventually became a flame war, I thought I should take a stab at another thread with updated information. The following is what I had written after the arrest and from my own memory:

12/04/2008 - 11:15 pm. I was initially pulled over when the officer was driving toward me and noticed that my passenger-side headlight was malfunctioning. She had then asked me if I had been drinking. At this moment, i was pretty nervous so I denied any consumption of alcohol. She then asked me to take a pbt. I refused to take the breathalyzer, why i did this is not important but from everything i had read, it was the right decision. After refusing, she told me to take a FST. I know I could have refused this but I believed that I would have been able to pass. After stepping out of my vehicle and briefly talking to the police officer, I admitted consumption of 3-4 beers between the hours of 5:30 and 9:30 pm. For the record, I am 5'7" weighing 155 pounds. I had eaten at around 3:00 pm that day. The type of beer was newcastle.
After completing 4 different types of field sobriety tests (walk and turn, balance on one leg, horizontal eye, and a dexterity/counting exercise) the officer arrested me. My major qualm with how these tests were administered is that the officer who was administering these tests stumbled through the directions and made it very unclear on what I was suppose to do. At several different points, her partner had to correct her and explain them to me, still they weren't very clear. There were two points where I made mistakes not due to intoxication but due to my misinterpretation of their directions. On the walk and turn, I was not aware that i was suppose to pivot on one foot. I lifted it off the ground several times. My other mistake was when I could not properly place my foot during the balance test. The other officer was trying to show me that i was suppose to keep the lifted foot flat, but I pointed it up toward the air. It was very dark out that night so I couldn't see how he was holding his foot to match with.
Based on what the officers observed they believed that I had failed the fst's and arrested me. They took me to the station for questioning and took my information. Whomever asked in my last thread, no they did not take my finger prints nor my picture. I never actually went to jail. After staying at the station for about an hour and a half, instead of paying my bail the officers let me go on my own recognizance when my ride arrived. During my period at the station, the officer would ask me again to take a breathalyzer to which I again refused.

according to my tickets, my charges are Equipment Failure and DUI FIRST OFFENSE REFUSAL

Now as I look at it, my major mistakes were: driving under the influence (of course), admitting to consumption of alcohol, allowing them to administer a field sobriety test, refusing breathalyzer at station.

I think I have covered every aspect of what occurred, if more information is needed please let me know.

Now just some updated information: I have a lawyer and have sent my petition for my license suspension. My court date was set for 1/09/2009 but my lawyer said he had it moved to 2/04/2009. Now, in the city i live in, they have a website where you can go to pay your tickets. Well, about 5 minutes ago, I went there just to see what information they had on my tickets. It states:
Date of Birth: 4/23/1986
Charge: DUI 1ST OFFENSE REFUSAL 63-11-30(2)(a)
Code: DI3
Violation Date: 12/4/2008
Court Date: 1/9/2009
Fine Amount: $880.00
Late Fee:$0.00

Should I be worried that my court date still says 1/9/2009? my lawyer told me that he had it moved so I dont know if they actually update this information but I DO NOT WANT A WARRANT OUT FOR MY ARREST. What should I do? I plan on calling the courthouse tomorrow but is there anything else?

sorry for such a long post, but I wanted to provide as much information as I could. Please, no personal attacks like "You must be too blasted to remember". I'm just looking for advice.

[Jim_bo]

Your lawyer is an officer of the court. If he told you that he had it moved, then you were advised by an officer of the court. If he told you something that is not true, then he shouldn't be your lawyer in the first place. I'd fire him and hire another lawyer. However, the likely case is that he has gotten it changed... the website simply didn't get updated.

Call the lawyer and tell him what you saw on the website. Confirm that your date is actually in Feb.

I wouldn't get too worried about this whole deal. The prosecution has a very difficult case to make. Please let us know how this works out... I know I am interested.

[Zigner]

Originally Posted by Jim_bo

The prosecution has a very difficult case to make.

On a REFUSAL?

[FlyingRon]

The refusal for 21 and over is a wrist slap there (license suspension only).

If he's under 21, which I get the inkling he is based on the charge reading, the refusal (as well as the statements he drank, the officers observation) makes DUI a cake walk. This is one of the few times it's really bad to refuse. If you were only .06 on the breath test, you'd get a Under 21 violation. Since you refused, it's an adult DUI.

[BigMistakeFl]

Here's what the prosecution has in order to make this case:
Stop for headlamp out
FST's
Refusal to BAC test (implied consent)
Two cops as witnesses
Admission to having consumed alcohol before driving

Sounds like a pretty strong case. Concur with the part about calling your lawyer and telling him about the date snafu. Get a solid answer from him.

[Zigner]

Just to be clear...

My statement was meant to convey that the prosecution has an EASY case - contrary to what Jim Bo says.

[turdferguson]

no im over 21, i'll be 23 in april.

Talked to my lawyer this morning, they must not keep an updated record on the website because he said he did have it changed.

[Jim_bo]

Please let us know what happens. I'm going to enjoy the vultures making claims that you "found a loophole" or some other such nonsense. The truth is... most of these guys believe everyone is guilty and wrong... except for themselves.

[Zigner]

Originally Posted by Jim_bo

Please let us know what happens. I'm going to enjoy the vultures making claims that you "found a loophole" or some other such nonsense. The truth is... most of these guys believe everyone is guilty and wrong... except for themselves.

Jim - please tell me what our OP's defense to the refusal should be.

[BigMistakeFl]

Most of we guys simply know that the loopholes have all been patched. What you see as OP bashing and arguing for the prosecution is simply telling the posters what they are really most probably facing. I for one, don't like telling a fresh arrestee that he or she has little or no chance of getting off. I'd much rather tell them that they are golden, should run out and hire the best attorney and all the expert witnesses the bank balance can obtain. I don't because I know that this is in all liklihood, an attempt at futility.

Would you rather hear happy but unlikely news and mount a massively expensive defense based upon loopholes that no longer exist, or have people with actual experience in this field telling you what you are most likely up against?

[turdferguson]

Originally Posted by BigMistakeFl

Most of we guys simply know that the loopholes have all been patched. What you see as OP bashing and arguing for the prosecution is simply telling the posters what they are really most probably facing. I for one, don't like telling a fresh arrestee that he or she has little or no chance of getting off. I'd much rather tell them that they are golden, should run out and hire the best attorney and all the expert witnesses the bank balance can obtain. I don't because I know that this is in all liklihood, an attempt at futility.

Would you rather hear happy but unlikely news and mount a massively expensive defense based upon loopholes that no longer exist, or have people with actual experience in this field telling you what you are most likely up against?

just to be clear, I am not looking for any sugar coated-type answers. I was not raised by parents who believed I could do no wrong. I would much rather hear the more probable charges that i am facing rather than hearing everything will be ok and that I'll probably walk away with a slap on the wrist. I'm an adult and I do realize that I face criminal charges. On the flip-side, I do believe that without proper representation by an attorney, that I will face much more extreme punishment than necessary. I am not looking for a loophole to escape from my conviction, but I will not stand idle while receiving the maximum amount of punishment. I can say that I have learned my lesson and will never drink and operate any type of vehicle no matter how sober I feel. The consequences in no way shape or form justify it. This so far has been a horrible experience, one that I would not like to re-live ever again.

edit:

I'd also like to point out that after reading many threads on this board, there is a big difference between telling the arrestee what they are really facing and op bashing which happens a lot. Even though this is a public forum, I feel that most of the replies to OP's are jaded with opinions that anyone who drives with a single drop of alcohol in their system is an evil person out to kill innocent civilians. While there are many repeat offenders on here which is definitely bad, there are also a lot of of people like me where this is their first offense and have made a stupid mistake. Sorry we aren't perfect but i think some of the people on here need a reality check. This is a forum where one should be giving advice, not bashing someone by making them feel like the scum of the earth. I'm not saying that you(bigmistakefl) are guilty of this, I just think it's an issue that should be addressed. I think this forum is a good idea because it allows one to maintain some confidentiality. If you want to bash people and make them feel bad for driving drunk, this is not the place. If you want to wrecklessly drive while completely hammered after having multiple DUI's, then you should be looking into serious psychiatric help, but if you're an ordinary civilian who made i mistake by having a drink or two and then driving and now face possible criminal charges, then people in this forum should try and help you through this very stressful time by offering unbiased advice on what you might be facing.

[ERAUPIKE]

Originally Posted by turdferguson

just to be clear, I am not looking for any sugar coated-type answers. I was not raised by parents who believed I could do no wrong. I would much rather hear the more probable charges that i am facing rather than hearing everything will be ok and that I'll probably walk away with a slap on the wrist. I'm an adult and I do realize that I face criminal charges. On the flip-side, I do believe that without proper representation by an attorney, that I will face much more extreme punishment than necessary. I am not looking for a loophole to escape from my conviction, but I will not stand idle while receiving the maximum amount of punishment. I can say that I have learned my lesson and will never drink and operate any type of vehicle no matter how sober I feel. The consequences in no way shape or form justify it. This so far has been a horrible experience, one that I would not like to re-live ever again.

edit:

I'd also like to point out that after reading many threads on this board, there is a big difference between telling the arrestee what they are really facing and op bashing which happens a lot. Even though this is a public forum, I feel that most of the replies to OP's are jaded with opinions that anyone who drives with a single drop of alcohol in their system is an evil person out to kill innocent civilians. While there are many repeat offenders on here which is definitely bad, there are also a lot of of people like me where this is their first offense and have made a stupid mistake. Sorry we aren't perfect but i think some of the people on here need a reality check. This is a forum where one should be giving advice, not bashing someone by making them feel like the scum of the earth. I'm not saying that you(bigmistakefl) are guilty of this, I just think it's an issue that should be addressed. I think this forum is a good idea because it allows one to maintain some confidentiality. If you want to bash people and make them feel bad for driving drunk, this is not the place. If you want to wrecklessly drive while completely hammered after having multiple DUI's, then you should be looking into serious psychiatric help, but if you're an ordinary civilian who made i mistake by having a drink or two and then driving and now face possible criminal charges, then people in this forum should try and help you through this very stressful time by offering unbiased advice on what you might be facing.

I would have to echo that a mistake is something you erase with the other end of a pencil. You knew that getting behind the wheel after drinking was against the law and dangerous. The "bashing" that you speak of is pointing out the minimization that is rampant when an individual posts about their DUI. Re-read through the posts and see how many of the posts try to point out the smallest things the officers might have done wrong in the posters eyes but the poster will fail to mention how long they were out partying. Your post started with you trying to find any reason to avoid the charges that you say taught you such a great lesson. Your remorse is not connected to your actions, it is connected to the actions of the police. You are sorry that you got caught. I don't have one ounce of pity for your situation. You, like the other posters have put this strain on yourself. I drink and I make the conscious decision to not drink and drive when I go out. I have seen too many of my friends lives ruined because they made the same choice you did. The reality of drunk driving is that you are more likely to kill someone because of you decided to drive. You know you cannot argue that it is not true. You came here seeking free advice, which you received peppered with the scorn of your fellow citizens for your decision.

[paguy88]

[quote]You are sorry that you got caught. I don't have one ounce of pity for your situation. You, like the other posters have put this strain on yourself. QUOTE]

this is pretty dead on. However I feel that people point to small things the cops did wrong in there eyes to get off more so because its a self preservation action. IN reality DUI is just as much about the cash grab for a conviton or some diversion program what 1.5 million people arrested each year for DUI... as it is getting the drunk people off the streets. DUI is one of the very few situations reg people will ever encounter the police other than a normal traffic stop. That said millions of people are drinking and driving each and every week.. its a fact.. everyone knows it.. it is just what goes on... nothing anyone can really do about it. it will go on forever that's another fact.. some day the legal limit will get loweered to .06 then more people will get arrested and it goes on and on and on.

DUI is demonized in society yet all of us know people who have been convited... we still have them over for BQ for Xmas dinner... you would not treat a child molester or sex offender the same... in some ways it is just accepted....

I go out on weekends.... when I was younger I drank and drove I can admit it.. I made a decision at some point as I got older to stop... I go out and drive I dont drink a drop i still have fun... if i want to drink i get a cab its that simple... over the weekend some friends were going to a bar in a rural area.. I knew they would be drinking and driving home I made the personal decision not to go.. no way to get a cab that far out.. and I was not getting in a car with drunk people personal decision.. my friends made it home.. this time.. they drove drunk I warned them over and over and over they dont listen.... never do.... but I make my own decisions. I stayed home watched TV played online.. i can find other things to do...

But I also get that in reality no real way to know your exact BAC espically when cops have 2 hrs to get a blood draw... Gosh I see people out every weekend smashed driving to the hot spots in town so many drinking and driving it is just what goes on, always will.. I make the decision atleast not to be one of the people driving..

[BigMistakeFl]

However:

[quote]You knew that getting behind the wheel after drinking was against the law[quote]

This part is, unfortunately, not true. It is perfectly legal to drive after drinking. I personally believe that this is where the problem with the law lies. Drinking and driving is legal, driving while impaired is not legal.

Judging whether or not one is impaired is left to the one who did the drinking. Add that to the keys in his pocket, equals drunk drivers who didn't think they were drunk, equals disaster.

NB: I was never very good at math.

[FlyingRon]

Originally Posted by BigMistakeFl

Judging whether or not one is impaired is left to the one who did the drinking. Add that to the keys in his pocket, equals drunk drivers who didn't think they were drunk, equals disaster.

Nope drinkers are notoriously inadequate in determining level of impairment.
The determination is made by the court upon hearing the evidence and the expert testimony of the officer conducting the tests.