What is the name of your state (only U.S. law)? Nebraska
I was charged with a DUI (first offense) and flight to avoid arrest (felony). I think I blew 0.092, but can't remember what my lawyer told me. No one got injured and nothing got damaged, which isn't an excuse, but I'm getting all of the facts out there. This is my first criminal offense ever. It's everyone's reasoning but basically what happened is I woke up, took my prescribed meds, which consist of muscle relaxers, blood pressure meds, depression meds, and a benzo at max dose for anxiety. I went to a sports bar to watch football between 30 minutes and an hour after taking my prescribed meds. The closest I've ever come to taking my meds and drinking was probably 13 hours, but at the time I was starting a new job and my sleep schedule was completely messed up, so I probably woke up around 7 and went out. I remember having two or three beers (this happened in 2009) and don't remember the rest of the night.
I was originally forced to go to trial with a lawyer that I didn't choose and was convicted of the felony and the misdemeanor. I was then sentenced to a year and 60 days in prison (6 months good time). I appealed it and won my appeal, so now the trial is approaching. I'm set to go to trial in the next few weeks and was given an offer from the prosecutor that they would drop the DUI if I plead guilty to the felony, which would give me a better chance at probation I was told by my lawyer; This is the original offer they gave me. A better chance at probation really doesn't hold water, as there's no guarantee.
My thought is, the judge will give me the same sentence as before in order to justify his previous sentence. He didn't give me probation before because I didn't take responsibility, as my reasoning was I don't remember so I can't possibly be guilty of anything, which was naive to think, but I've never been involved in the legal system. I know that this should be a misdemeanor because I can't remember anything from that night after having a couple beers, which removes the willing-full intent, but at the same time like I previously said, a lot of people use the 'I don't remember' thing, which is the truth in this case but I'm not sure how a jury would see it. Obviously I have my medical records and a psychologist to testify that something like this can happen.
I know I'm guilty of a dui and a misdemeanor flight to avoid and take full responsibility, but it's not possible for me to actually be guilty of the felony flight, but I'm not sure how a jury would see the case. I tend to over-analyze things I guess.
Any advice on the situation is appreciated, good or bad. Thank you.
I was charged with a DUI (first offense) and flight to avoid arrest (felony). I think I blew 0.092, but can't remember what my lawyer told me. No one got injured and nothing got damaged, which isn't an excuse, but I'm getting all of the facts out there. This is my first criminal offense ever. It's everyone's reasoning but basically what happened is I woke up, took my prescribed meds, which consist of muscle relaxers, blood pressure meds, depression meds, and a benzo at max dose for anxiety. I went to a sports bar to watch football between 30 minutes and an hour after taking my prescribed meds. The closest I've ever come to taking my meds and drinking was probably 13 hours, but at the time I was starting a new job and my sleep schedule was completely messed up, so I probably woke up around 7 and went out. I remember having two or three beers (this happened in 2009) and don't remember the rest of the night.
I was originally forced to go to trial with a lawyer that I didn't choose and was convicted of the felony and the misdemeanor. I was then sentenced to a year and 60 days in prison (6 months good time). I appealed it and won my appeal, so now the trial is approaching. I'm set to go to trial in the next few weeks and was given an offer from the prosecutor that they would drop the DUI if I plead guilty to the felony, which would give me a better chance at probation I was told by my lawyer; This is the original offer they gave me. A better chance at probation really doesn't hold water, as there's no guarantee.
My thought is, the judge will give me the same sentence as before in order to justify his previous sentence. He didn't give me probation before because I didn't take responsibility, as my reasoning was I don't remember so I can't possibly be guilty of anything, which was naive to think, but I've never been involved in the legal system. I know that this should be a misdemeanor because I can't remember anything from that night after having a couple beers, which removes the willing-full intent, but at the same time like I previously said, a lot of people use the 'I don't remember' thing, which is the truth in this case but I'm not sure how a jury would see it. Obviously I have my medical records and a psychologist to testify that something like this can happen.
I know I'm guilty of a dui and a misdemeanor flight to avoid and take full responsibility, but it's not possible for me to actually be guilty of the felony flight, but I'm not sure how a jury would see the case. I tend to over-analyze things I guess.
Any advice on the situation is appreciated, good or bad. Thank you.
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