First DUI/clean record

[eab2784]

What is the name of your state (only U.S. law)? MN
This weekend I got a DUI. I blew a .10. I have absolutely nothing on my record, never been pulled over or anything. I got pulled over because I had a taillight out (it wasnt my car). Needless to say I misjudged myself and I'm in the wrong.

Question:Is it worth it to get a lawyer? It will cost $3,000 upfront but I'm thinking it will be worth it. Also does getting a lawyer to try and get it reduced to recklass driving tick the judge off at all or will it look better?

 

[BigMistakeFl]

I theorize that nearly everyone who gets a DUI and hires an attorney hopes to get the charge reduced, I doubt that would get a rise out of the judge. However, if you take the fight all the way to trial, you might find a judge feels you've taken precious time from the court.

I predict that you will hire the lawyer, and eventually settle for the first offer the prosecution makes. I doubt that will be a reduction, but it's your roll of the dice.

 

[FlyingRon]

I theorize that nearly everyone who gets a DUI and hires an attorney hopes to get the charge reduced, I doubt that would get a rise out of the judge. However, if you take the fight all the way to trial, you might find a judge feels you've taken precious time from the court.

Any judge who believes that ought not to be on the bench. His precious time includes those making a defense to whatever claim.

A lawyer is helpful because even if you admit you are guilty and do not wish to contest, there are a whole lot of issues that arise. If you do wish to mount a defense, a lawyer is crucial for making that case. Further, while unlikely the first time simple DUI still has the chance of 90 days in jail. The lawyer can usually give you direct info on how to deal with the admistrative issues (license suspension, limited license, etc...).

You might want to start by reading this:

http://www.house.leg.state.mn.us/hrd/pubs/dwiover.pdf

 

[eab2784]

Ok thanks guys. I'll stick with the lawyer then.

 

[BigMistakeFl]

Any judge who believes that ought not to be on the bench. His precious time includes those making a defense to whatever claim.

Do you believe judges' penalties are the same for DUI convictions for those who plead no contest to penalties offered by the prosecution as for those who take a case through trial? You may not get one to admit it, but you can bet they're not treated the same.

 

[Mass_Shyster]

Do you believe judges' penalties are the same for DUI convictions for those who plead no contest to penalties offered by the prosecution as for those who take a case through trial? You may not get one to admit it, but you can bet they're not treated the same.

Do you believe penalties offered by the prosecution for unrepresented offenders are the same as penalties offered to represented offenders?

 

[BigMistakeFl]

We aren't likely to get an honest answer out of a judge, but my guess would be no.

(I'm putting on my flame-proof longjohns now)

 

[FlyingRon]

Those who take the deal might or might not fare better. That's the risk / reward of taking the deal. Pleading no contest in court isn't going to make too much of a difference over pleading not guilty. Certainly no reasonable judge will penalize you for "taking up time." Judges are pretty good at time management...if you are truly wasting their time and won't stop they will hit you with contempt.