First Charge on a Perfect Record

[Wayward Compass]

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

Hello Everyone-

I registered on this site in order to get help for my husband, who has been arrested for the first time in his life at 30 for DUI in Vermont.

I consider the whole deal partly my fault- we've both been out of work for awhile because of the recession, so we've both been very stressed and a little stir crazed lately. We got into a fight, and I dumbly called 911 and had the police arrive after he left to get space at his mothers house, literally 200 feet down the road. To add to my stupidity, I told the police where his mother was, and they showed up there to give him sobriety tests (breath was at .13) and arrest him. I never thought of the consequences of my actions, and we have never had any problems before, so I consider this drama my responsibility to help him have the charges dropped in any way I can.

So I have a few questions, if anyone can help- firstly, is there any way to appeal to the prosecutor (he pled not guilty in his paperwork and has a court date on January 7th), or the judge to have the case dismissed? Our livelihood depends on his driving for work, and his dream was to become a pilot after receiving further training and lisencing for other equipment. We can't afford a lawyer (we're trying to move to California), and I'm doing my best to study up as much as possible to be able to do all this myself. Passing my own bar! No pun intended.

Secondly, would it be impossible for him, if convicted, to somehow clear his record, or at least somehow be able to attain his CDL in California? We're desperate for any advice anyone may have, and I appreciate all your time.

Thanks!
-Erin M., VT

[Zigner]

I am confused...did you drag your husband to the car, push him in to the seat, insert the key, start the engine and put the car in gear?

Originally Posted by Wayward Compass

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

Hello Everyone-

I registered on this site in order to get help for my husband, who has been arrested for the first time in his life at 30 for DUI in Vermont.

I consider the whole deal partly my fault- we've both been out of work for awhile because of the recession, so we've both been very stressed and a little stir crazed lately. We got into a fight, and I dumbly called 911 and had the police arrive after he left to get space at his mothers house, literally 200 feet down the road. To add to my stupidity, I told the police where his mother was, and they showed up there to give him sobriety tests (breath was at .13) and arrest him. I never thought of the consequences of my actions, and we have never had any problems before, so I consider this drama my responsibility to help him have the charges dropped in any way I can.

So I have a few questions, if anyone can help- firstly, is there any way to appeal to the prosecutor (he pled not guilty in his paperwork and has a court date on January 7th), or the judge to have the case dismissed? Our livelihood depends on his driving for work, and his dream was to become a pilot after receiving further training and lisencing for other equipment. We can't afford a lawyer (we're trying to move to California), and I'm doing my best to study up as much as possible to be able to do all this myself. Passing my own bar! No pun intended.

Secondly, would it be impossible for him, if convicted, to somehow clear his record, or at least somehow be able to attain his CDL in California? We're desperate for any advice anyone may have, and I appreciate all your time.

Thanks!
-Erin M., VT

ETA: And, don't think we didn't notice your statement that this is the first time he's been arrested with DUI

[seniorjudge]

Q: So I have a few questions, if anyone can help- firstly, is there any way to appeal to the prosecutor (he pled not guilty in his paperwork and has a court date on January 7th), or the judge to have the case dismissed?

A: Talk to the prosecutor.

[BigMistakeFl]

Your husband made a poor decision in choosing to drive after drinking. You made a poor decision in reporting him if you didn't expect it would amount to anything other than a little discomfort. Unfortunately, there's little you can do to undo this as they have now collected the evidence to prosecute.

You will need to speak to a DUI defense attorney in Vermont, right away. Your husband's CDL license is in jeapardy. He may need to consider another line of work in CA.

[seniorjudge]

Originally Posted by seniorjudge

Q: So I have a few questions, if anyone can help- firstly, is there any way to appeal to the prosecutor (he pled not guilty in his paperwork and has a court date on January 7th), or the judge to have the case dismissed?

A: Talk to the prosecutor.

I agree with BigMistake...I re-read the post and noticed the .13 BAC.

Get a lawyer.

[Wayward Compass]

Originally Posted by Zigner

I am confused...did you drag your husband to the car, push him in to the seat, insert the key, start the engine and put the car in gear?






ETA: And, don't think we didn't notice your statement that this is the first time he's been arrested with DUI

Of course not. But considering the fact that we're both going to be experiencing the long term and financial punishment together, don't you agree that it's in both of our best interests to exhaust every available resource, especially in terms of info-gathering?

I'm trying to save MY butt here, too.

[JIMinCA]

The lawyer is a good idea... but the prosecutor seems to have a weak case. Your post wasn't definitive, but in filling in some holes, tell me if I am off base:

1. The cops never saw him driving. They don't know that a friend didn't drive the car there. They only had your statement that he drove. Do you intend to serve as witness for the prosecution?

2. They don't know how long he was at Mom's house after he drove. It would be difficult for the prosecutor to PROVE that he didn't just drive to Mom's house and then in a state of frustration, take a few drinks of liquor to calm his nerves.



Seems to me that you should get a lawyer and take this seriously, but I don't think that you really will have too much difficulty.

Good luck.

[Silverplum]

Originally Posted by Wayward Compass

Of course not. But considering the fact that we're both going to be experiencing the long term and financial punishment together, don't you agree that it's in both of our best interests to exhaust every available resource, especially in terms of info-gathering?

I'm trying to save MY butt here, too.

You likely will learn many lessons now: the first being, don't call the police unless you really want the police. Perhaps your H will learn not to drive drunk.

Hire an attorney. It's all you can do NOW. There's about a thousand things you should've done and another thousand you should not have done. Too late now.

[seniorjudge]

Originally Posted by JIMinCA

The lawyer is a good idea... but the prosecutor seems to have a weak case. Your post wasn't definitive, but in filling in some holes, tell me if I am off base:

1. The cops never saw him driving. They don't know that a friend didn't drive the car there. They only had your statement that he drove. Do you intend to serve as witness for the prosecution?

2. They don't know how long he was at Mom's house after he drove. It would be difficult for the prosecutor to PROVE that he didn't just drive to Mom's house and then in a state of frustration, take a few drinks of liquor to calm his nerves.



Seems to me that you should get a lawyer and take this seriously, but I don't think that you really will have too much difficulty.

Good luck.

But we don't NEED evidence!

Remember?

[Silverplum]

Originally Posted by JIMinCA

This nice lady came here for help and now you are trying to start up an argument which will likely only result in her thread being closed. So... who are you here to support??? The OP or your own ego??

Who says she's nice?

Your entire post is assumption.

[JIMinCA]

Originally Posted by Silverplum

Who says she's nice?

She is remorseful and accepts responsibility for her part in an argument that went to far. Therefore, I say she is nice. So, what are you saying about her?

Your entire post is assumption.

Of course it is. I recognized that her story left out many important facts. That's why I said that she should tell me if I was off base. Don't you read?

[seniorjudge]

Originally Posted by Wayward Compass

...
To add to my stupidity, I told the police where his mother was, and they showed up there to give him sobriety tests (breath was at .13) and arrest him.
...

Inquiring minds want to know: Did the cops see him operating the car?

[FlyingRon]

The cops don't need to see him drive. They can get evidence other ways.
The common one is when they knock on the door and said "Did you drive that car over here?"

[JIMinCA]

Originally Posted by FlyingRon

The cops don't need to see him drive. They can get evidence other ways.
The common one is when they knock on the door and said "Did you drive that car over here?"

Of course you are right. But, it makes the prosecution's job much harder. Also, it doesn't get around the question of "was he .13 when he drove?"

[Ohiogal]

Originally Posted by JIMinCA

The lawyer is a good idea... but the prosecutor seems to have a weak case. Your post wasn't definitive, but in filling in some holes, tell me if I am off base:

1. The cops never saw him driving. They don't know that a friend didn't drive the car there. They only had your statement that he drove. Do you intend to serve as witness for the prosecution?

2. They don't know how long he was at Mom's house after he drove. It would be difficult for the prosecutor to PROVE that he didn't just drive to Mom's house and then in a state of frustration, take a few drinks of liquor to calm his nerves.



Seems to me that you should get a lawyer and take this seriously, but I don't think that you really will have too much difficulty.

Good luck.

She can be subpoenaed regarding her statements of that night. If she decides to lie about the statements she made that night or state that she was lying when she saw him driving then she is gong to face charges. The prosecutor can use OP's statements.