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  #1  
Old 07-20-2008, 09:57 AM
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Join Date: Jul 2008
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Unhappy

I need help so bad...

Hi!! I need some help desperately. The name of my state that I reside in is MA. The incident occured in NY. I have a missdemeanor arraingment on Thursday for a 1st offense DWI charge with a bac of .12 and minor possession of alcohol under the age of 21. No open containers. I was coming from a dance club at which I drank before I entered the club and inside even though I was underage. I was served at this club. This is clearly stated in the report. The car I was following home, a few co-workers were pulled over .5 mile ahead of me. As I passed by and according to the officer pulling them over I swerved over the "hazard marking" (as I was texting the people pulled over), he left their scene to pull me over. He asked me where I was coming from, being impaired as I was said MA (where I live), as he asked me again I realized this was not the answer he was looking for so I said Sneaky Petes for a concert. You know the drill, asked to step out of the car, he saw my alcohol, field test, failed it. He cuffed me. Anyone have any advice on where I should go from here? Should I seek a lawyer? Is there anyway for the charges to be dropped because I was served at the bar? What is the common outcome for this charge? Will my license be revoked in MA or will I just not be allowed to drive in NY for 30 days? Any idea how all this out of state charge works?I really have no idea what to do at all, i've never been in trouble and I have a clean record. Any advice is sooo greatly appreciated!
Last edited by lindss006; 07-20-2008 at 10:12 AM.
  #2  
Old 07-20-2008, 11:22 AM
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Location: Somnambulist University
Posts: 39,561
Quote:
Originally Posted by lindss006 View Post
Anyone have any advice on where I should go from here? Should I seek a lawyer?
ABSOLUTELY!! You have NO defense against the charges, so your options are to go forward without an attorney (and take whatever punishment they give you) or have competent local counsel who MIGHT be able to minimize the 'damage' of your conduct.

Quote:
Is there anyway for the charges to be dropped because I was served at the bar?
No.

Quote:
What is the common outcome for this charge?
There is no such thing..... only a range of allowed punishment.

Quote:
Will my license be revoked in MA or will I just not be allowed to drive in NY for 30 days? Any idea how all this out of state charge works?I really have no idea what to do at all
Count on being suspended.... Get a GOOD attorney to help you.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 07-20-2008, 11:39 AM
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Join Date: Feb 2007
Posts: 8,285
Quote:
Originally Posted by lindss006 View Post
(as I was texting the people pulled over),
Great, drunk kids, texting while driving, swerving all over the road.
Quote:
Anyone have any advice on where I should go from here? Should I seek a lawyer?
Absolutely. You will need one in the NY county in which you were charged. Preferably one with DUI experience. This is a serious charge with possible jail time.
Quote:
Is there anyway for the charges to be dropped because I was served at the bar?
WHAT? What makes you think that being served at a BAR is a defense? A good portion of DUI's come form people drinking at public establishments. The bartender didn't know you were drinking. He may be subject to charges himself for serving minors, but that's going to have no effect on your charges.
Quote:
What is the common outcome for this charge?
You will pay a lot of money, to the lawyer, to the states, to your insurance company, ... You may get some jail time. Talk to the lawyer. Even the lesser DWAI has a possibility of 15 days. Expect over $500-$1000 in fines + costs.
Quote:
Will my license be revoked in MA or will I just not be allowed to drive in NY for 30 days?
30 days. 30 days? Surely you jest. SIX MONTHS revocation of driver's priviliges in NY. When Massachusettes hears about it, they will suspend you license for the same time. It will cost $100 to the RMV to reinstate it. In addition, I believe Mass. is one of the states that will suspend you for a year for an out of state DUI. You may wish to speak to a lawyer in Mass. familiar with DMV hearings/actions. The reinstatement for that is $500
Quote:
Any idea how all this out of state charge works?I
You go to court (possibly several times) and you get sentenced.
I would recommend that you provide transportation that doesn't entail YOU driving.
Last edited by FlyingRon; 07-20-2008 at 11:41 AM.
  #4  
Old 07-20-2008, 11:51 AM
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Join Date: Jul 2008
Posts: 3
That is not what the police officer informed me of at my time of arrest. He said it will most likely be a slap on the wrist since you were so compliant and first time offense. I am getting mixed reviews.
  #5  
Old 07-20-2008, 06:13 PM
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Join Date: May 2008
Posts: 191

Do Not Listen To The Cop Who Arrested You

Get a lawyer, you are in deep trouble here. DUI is bad enough, DUI and a minor, they can and probably will hit you harder.

That same cop who told you you would get a slap on the wrist, will be the same cop who will be called as a witness against you, to help them convict you.

Compliance with the police is not a mitigating factor, it is expected anyway.

Get a copy of your police report, and again, get a lawyer.

Get ready to walk for a while.
Last edited by RatPackLar; 07-20-2008 at 06:15 PM.
  #6  
Old 07-20-2008, 07:56 PM
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Join Date: Feb 2007
Posts: 8,285
That slap on the wrist will certainly entail a good kick in the wallet. You may be eligible for a restricted license, but I tell you, it's not going to be no thirty day thing. You might dodge jail time. You still need a lawyer because of the potential.
  #7  
Old 07-21-2008, 08:19 AM
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Join Date: Jul 2008
Posts: 3
what if i can't afford a lawyer? i'm paying for my college tuition. Isn't there a public defender or something like that?
  #8  
Old 07-21-2008, 11:30 AM
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Join Date: Jan 2005
Location: North Florida
Posts: 1,625

Public Defender

There is, if you can prove financial inability to pay for one.

Remember, you get what you pay for.
__________________
"I only had a couple of drinks..... there's no way I was impaired!."
  #9  
Old 07-21-2008, 07:34 PM
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Join Date: Jan 2004
Location: IN
Posts: 1,175
Quote:
Originally Posted by lindss006 View Post
what if i can't afford a lawyer? i'm paying for my college tuition. Isn't there a public defender or something like that?
If you can afford college tuition, why can't you afford to hire an attorney? You could take a semester or two off of college to pay for your attorney.
__________________
Originally Posted by cbg
Quote:
Just because you see it on Law and Order doesn't mean that's the way it works in the real world. They have a script.
Originally posted by Rushia
Quote:
I'm not an attorney either, I just know a whole lotta stuff.
  #10  
Old 07-21-2008, 07:52 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,561
Quote:
Originally Posted by lindss006 View Post
what if i can't afford a lawyer?
You should have thought of that BEFORE you made the decision to break the law.

Quote:
i'm paying for my college tuition. Isn't there a public defender or something like that?
Yes, you can contact the court and ask for a public defender. The court will then look at your assets and if qualified, assign a public defender.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #11  
Old 07-21-2008, 09:23 PM
Junior Member
  
Join Date: Jul 2008
Posts: 5
Quote:
Originally Posted by Indiana Filer View Post
If you can afford college tuition, why can't you afford to hire an attorney? You could take a semester or two off of college to pay for your attorney.
Colleges don't provide financial aid (that means grants, scholarships, student loans, etc.) for students who are "off" a semester or two from college.
  #12  
Old 07-21-2008, 10:31 PM
Junior Member
  
Join Date: Jul 2008
Posts: 7
I got a dwi when i was under 21. I would recommend getting a lawyer. public defenders are working with so many other cases the same day as yours that u might not get the best results. there might be something that a lawyer can find in ur case to get it reduces or even dismissed. public defenders might not have to the time to evaluate your case. If it gets reduced to a DWAI (which 1st offenses do)you will pay a fine to the court about 300 - 500. and because you are underage you will lose your licenses for one year. but you can get a conditional licenses.
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