My 1st DUI.. ME!!!

[WillMack]

What is the name of your state? MI

MY Pre-Trial hearing was today. No-prior offenses. Blew .18 in field, .16 at station. After speaking with the City Atty, I am poised to believe he sympathizes with my plight. He suggests the outcome of a bench trial will be quite the same wether I use the court appointed counsel or hire my own for a few grand. Our expectations are that the judge will lower the charge to driving while impaired, impose a fine, 6mo-1yr probation, and require alcohol saftey counseling. -No jail time or community service. However I am told it is out of the courts hands as to getting a mandatory 4 points on my license.

Question:
1. Should I believe this?
2. Would private counsel be able to suspend the points on my license providing I meet probation requirements?
3. Can the charge be somehow expunged if I show improvement through therapy?
4. Is this getting off easy (relative to other 1st timers?)






Now for the non-condensed version---- for those initerested in the specific circumstances.

I have browsed this forum a while (I was suing a local business for credit card fraud), and would sometimes delve into other parts of the forum just to see what goes on here. I used to be one of those people who all others would lean to for advice. My opinions on life's matters were/are viewed by my peers with high esteem. I don't feel like a am worthy of giving such advice anymore. At 34, I thought I was at a point in life where I was finished making mistakes, so I thought. I feel like an idiot, perhaps justifialbly so.

HOW COULD I LET THIS HAPPEN?

In fear of losing the affections of my then current girfriend (somebody slap me for saying that), I decide to take her shopping after a long day of work.. After leaving the mall, we change into our new threads, pick up her sister (WHY?) and go club-hopping. After about the 3rd club, I'm getting quite drunk with my ex-girlfriend and her sister. I notice the sister is spending more time with me than my ex is. It's 2am, we are ready to leave, and I realize I am in no shape to drive. So, I have my ex drive us all to her house. When we arrive, I assume she tires of my company or would perfer other companionship, because she finds any excuse to start an argument with me. This well had dried up months ago, and any sane person would have moved on by now. I hadn't been this drunk since college days, and have little 1st hand recollection of what happened here. But I am told we fought, I broke a window cutting my hand, she gave me a black eye, and told me to leave or she'd call the cops. In a drunken stupor I left. I am told I tripped a few times, dropped my keys about 3 times, and I took 10 minutes to find out which button openes the car door before barreling off at 80 mph. I made it about 35 miles away to within 1 mile of my house and dozed off behind the wheel at a red light. The car coasted onto a residential lawn causing damage to the lawn and undercarriage of the car after striking a curb (2006 DTS btw). I flagged down a local squad car I'd spotted on the road for assistance. (drunks are smart, eh?) And after blowing .18 and failing a field sobriety test, I was treated for my hand (band-aid via ambulance) and taken to the station.
The official test showed .17 and .16 consecutively.

WOW!

This was an eye opener for me. Needles to say, things could have been terribly worse. When I sobered in the morning, I imagine I was quite a sight to the presiding judge. No belt, no shoes, jean-sagging, hung-over, black-eyed, blood covered orange and green clothes, looking like a clown from a rap video. (I am usually a blazer and slacks type of guy). I've nearly let this woman destroy me.. And she doesn't even like me OMG!...
You would think that after losing 2 cars, (The Escalade is in the shop after being broken into while I was at a nightclub with her 2 days earlier, DTS is wrecked), Almost losing my job (DUI's aren't taken lightly with my employer) and getting dumped AGAIN by my ex, that I would finally have a clue, eh? NOPE.. I'm gonna take a week or so to gather my thoughts and re-evaluate my priorities. I just moved to the suburbs to aviod the trials and tribulations of inner city.. only to find I have brought them with me.
I've been to 3 AA meetings so far. Although I support the organization and the 12-step program as a VERY important tool for recovery, I don't believe alcohol is my problem. (Even though a DUI would speak otherwise). I have also sought psychatric therapy to assist me in detrmining what the HELL I was thinking, and how I could STILL be attracted to this she-demon thats driving me insane. (2 guesses where I'll be tonight.) No need for posts about how stupid I am.. I'm working on that part ok? I wanna know If I can somehow have this expunged from my record or at least my driving record?

Bah, this question has turned into a rant.
Just read the top part.

And the moral of the story is?????

(Ummm.. Don't sleep with your Latin girlfriends sister?)

[Ohiogal]

Truthfully if you are not getting jail time it is getting off easy. REAL EASY. You will get points, your insurance will go up and you will have to deal with the consequences. As for expungement, you might qualify. That is a might and it still wont' help your insurance rates. A high priced attorney wont help you more than the Public defender. DUI is pretty much dui.
Oh and I read all of it. Don't do it again, needless to say.

[Lacy_UnderAlls]

A high priced attorney wont help you more than the Public defender. DUI is pretty much DUI. Oh and I read all of it. Don't do it again, needless to say.

I have to really disagree with that. A personal lawyer might find procedural errors, calibration problems, maybe plea the charges down etc. that a PD might not have the time, resources or inclination to do. To say a "DUI is pretty much DUI." is coming from someone that obviously isn't involved in those types of cases.

Look at politicians and celebrities that get "high priced" lawyers and get the impact reduced. I personally had a DUI reduced to reckless operation of a vehicle.

Get a lawyer if you have the bucks.

Originally Posted by Lacy_UnderAlls

I have to really disagree with that unless the jist of it is you don't have chance. I was nailed with one and got a lawyer. Here is the post I made regarding it once:

Hold on while I serach..

hurry up already, i need to know!

[garrula lingua]

Did the City Atty tell you how long s/he would leave that offer open for you ?

Prosecutors usu make 'early disposition offers' on the first one or two appearances (before discovery & subpoenas are sent out) - they are the 'best' offers & are usu only available for a short period.

That sounds like a really good offer.

Was that what other people were pleading to ?


From your facts, you don't appear to have much to go to trial on ... I sure wouldn't find reasonable doubt & the BAC is very high.

[draco31061]

Originally Posted by Lacy_UnderAlls

I have to really disagree with that. A personal lawyer might find procedural errors, calibration problems, maybe plea the charges down etc. that a PD might not have the time, resources or inclination to do. To say a "DUI is pretty much DUI." is coming from someone that obviously isn't involved in those types of cases.

Look at politicians and celebrities that get "high priced" lawyers and get the impact reduced. I personally had a DUI reduced to reckless operation of a vehicle.

Get a lawyer if you have the bucks.

I agree. Here where I live the fact a hired lawyer shows up makes the city prosecuter nervous. That may be why hes offering you a deal. At the very least an attorney paid by you will be more inclined to look at it harder and in some cases they know the prosecutor and may be able to work out a better deal

[WillMack]

Originally Posted by draco31061

I agree. Here where I live the fact a hired lawyer shows up makes the city prosecuter nervous. That may be why hes offering you a deal. At the very least an attorney paid by you will be more inclined to look at it harder and in some cases they know the prosecutor and may be able to work out a better deal

I agree with you whole-heartedly. I know that officially, the City Atty and Judge cannot harbour a grudge againt me for hiring private counsel, but after I spilled all the beans to him, the vibe that I get is that this deal is a bit more leinient than the norm.. I walked in with the impression this thing would cost me 7-10k.. (after insurance hikes it just may).. What I'm getting at is that I understand I am not an attourney. While we hire them for thier expertise in knowing things that we do not, I feel the case is quite solid against me, and can't imagine any loophole that would get me out of this or have the chagre completely dropped.
I'm concerned that If I pursue a defense other than "thowing myself at the mercy of the court", I may hinder my chances of walking away with only fine <$500 / 30 days restriction / conseling and probation + 4 points.. all of which I can handle except the stinking points.

This thing has put ther fear of God in me. I don't wanna put a gift horse before the carriage

P.S. Should I have the Judge order me not to keep seeing that girl?

[draco31061]

Originally Posted by WillMack

I agree with you whole-heartedly. I know that officially, the City Atty and Judge cannot harbour a grudge againt me for hiring private counsel, but after I spilled all the beans to him, the vibe that I get is that this deal is a bit more leinient than the norm.. I walked in with the impression this thing would cost me 7-10k.. (after insurance hikes it just may).. What I'm getting at is that I understand I am not an attourney. While we hire them for thier expertise in knowing things that we do not, I feel the case is quite solid against me, and can't imagine any loophole that would get me out of this or have the chagre completely dropped.
I'm concerned that If I pursue a defense other than "thowing myself at the mercy of the court", I may hinder my chances of walking away with only fine <$500 / 30 days restriction / conseling and probation + 4 points.. all of which I can handle except the stinking points.

This thing has put ther fear of God in me. I don't wanna put a gift horse before the carriage

P.S. Should I have the Judge order me not to keep seeing that girl?

Here that is the average deal to speed things up.There is a mandatory 24hour jail sentence but they count whatever time you spent after being arrested..thats here. In most cases a first offense DUI isnt a high jail priority and a good attorney isnt going to let them walk all over you in any case. But to save yourself additional expense you may want to go with the deal

[WillMack]

Originally Posted by draco31061

Here that is the average deal to speed things up.There is a mandatory 24hour jail sentence but they count whatever time you spent after being arrested..thats here. In most cases a first offense DUI isnt a high jail priority and a good attorney isnt going to let them walk all over you in any case. But to save yourself additional expense you may want to go with the deal

Thank you. This coincides with my line of thought. I am awaiting a call back from a local atty that offers free 1st time screening/consultation. But either the City Atty is a very good actor or he's telling me the real deal. Unless a private atty can drop the charge completely (which I doubt), or suspend the points to my license (which I read is mandatated by the Sec. of State), I am willing to just take my lumps at a bench trial with the Judge.

I'll wanna just chalk this up as one of life's lemons and never stray again.


-signed
-Will(used to be a)Mack

[WillMack]

Originally Posted by garrula lingua

Did the City Atty tell you how long s/he would leave that offer open for you ?

Prosecutors usu make 'early disposition offers' on the first one or two appearances (before discovery & subpoenas are sent out) - they are the 'best' offers & are usu only available for a short period.

That sounds like a really good offer.

Was that what other people were pleading to ?


From your facts, you don't appear to have much to go to trial on ... I sure wouldn't find reasonable doubt & the BAC is very high.

The impression I have is that the deal will stick as long as the Arresting officer agrees. I was told that the officer also has the power to reduce the charge to "under influence" instead of "while intoxicated". The officer was helpful, didn't handcuff me or anything. I believ I showed remorse and I complied with all his requests during the arrest. Hopefully the deal will go as planned. There is no mandatory 24 hr jail sentence here, but I was detained about 12 hours after the arrest, as I didn't want to call anyone to come get me.

[blackgold]

Have you had an initial consultation with a private attorney? Most attorneys will give you the initial consultation for free to hear your side and to decide if they can help you. I'm somewhat in the same boat as you, dealing with a DUI 1st offense. I would at least go meet with one, whether you retain or not is optional.

[shine]

Sorry Dude,
YOU CAN NOT EXPUNGE DUI IN MICHIGAN, ITS A LIFE THING TO DEAL WITH

Dont get another one

[RedemptionMan]

Originally Posted by shine

Sorry Dude,
YOU CAN NOT EXPUNGE DUI IN MICHIGAN, ITS A LIFE THING TO DEAL WITH

Dont get another one

Yeah MADD makes it impossible to expunge DUI/DWI offenses; however, it should fall off your driving record in 5 years and the criminal record may or may not show up till 7 years in certain states....