Had DUI arrest in kentucky

[junkflorence]

What is the name of your state? kentucky

I was arrested on DUI charegs in kentucky. The BAC level is .12.
I didn't involve in accidents. Actually i was caught while I am entering into my apartment complex. This is my first DUI. 10 years child is in my car. Till now my history is clean.

Is DUI is felony. Could you please advice how to get out of it. Really it is paining like any thing.
The court date is this wednesday.

Please provide your inputs how to proceed.

I contacted a lawyer and she on the first appreance don't feel guilty and on the next appreance feel guilty. I asked the reason, I got reply saying that we can know other chrages filed againt me.

Please advice to how proceed.
Thanks,

[SillyPuddy]

By the sound of your post, you were driving with BAC .12 while you had children in the car. Correct me if I'm wrong.

It's going to be tough, if not impossible for you to get out of it because you had children in the car and they were at risk. If you can come out of it with you're state's first time offenders' program, consider yourself extremely lucky.

[BigMistakeFl]

This is a good case for a DUI lawyer in your area, since you had a child under the age of 12 in the vehicle at the time. Below is some information. Get a lawyer and perhaps you will be offered something you can manage. You can get through it, but it will be tough.


"The changes in the new DUI law (Effective 10/01/00) establishes minimum jail times (which cannot be probated, suspended, conditionally discharged or otherwise subject to early release) if convicted of DUI and aggravating circumstance(s) exist:

Aggravating Circumstances (KRS 189A.010 [11]) Result in higher minimum jail time:

Over 30 mph over speed limit
Wrong way on limited access highway
Causes accident resulting in death or serious physical injury
Alcohol level of .18 or more within 2 hours after operating
Refusal to submit to testing
Transporting passengers under 12 years of age

DUI PENALTIES
First Offense Within a Five Year Period
$200 - 500 Fine
2 to 30 Days in Jail
90 Day Alcohol or Substance Abuse Program
30 to 120 Day License Suspension
Possible 48 Hours - 30 Days Community Labor"

[junkflorence]

I did a big mistake. Could you please give your suggestions, is there any way to come out this.
I contacted an attroney, and advised don't attend for Arraignment, and attroney will attend instead. Today I read the information on FindLaw.com it says I should attend for Arraignment. Here is the quote.

"After the arrest, booking, and initial bail phases of the DUI process, the first stage of courtroom-based proceedings takes place -- arraignment. It is important to note that in DUI cases, the arraignment usually represents the first and last time the suspect will be in court, as most DUI suspects choose to plead guilty, especially if evidence of intoxication is strong and little leeway for a plea bargain exists"

Could you please help me.

1. Is this must to attend my self or Attroney can represent me in the court for Arraignment.

Thanks

[BigMistakeFl]

I did not attend my arraignment, my lawyer entered my plea on my behalf. Perhaps Sr.Judge will log on and give you a better idea of whether or not you should attend alongside your attorney.

[junkflorence]

Could please let me know, at what stage normally DUI victims will get less punishment
in court.

Thanks,

[garrula lingua]

Usually, the best offer to the defendant is made on the first day in court - the arraignment.

It's often called an 'early dispositon offer' and is made with the idea of an immediate plea without subpoenas or discovery requested of the Prosecutor.


You (if you represent yourself) or your atty should be very nice to the Prosecutor - that is the person who can reduce or dismiss charges, the Judge can't (w/o cause).
This Prosecutor can charge you with the DUI enhancement for having a child in the car or s/he can file a separate charge of child endangerment which will have Child Protective Services down your back & has severe consequences.

Many people appear, representing themselves, at the first appearance (the arraignment & plea). If they can get an offer from the Prosecutor at that time, they can decide if they want to plea or continue the A&P to hire an attorney.
That child endangerment charge is serious - you should consider an atty for all appearances, but why not attend court also ?
Hopefully, it's one of the rare, rare times in your life when you will be the topic in court; I would be there.