New and need help with a DUI Question

[effedup]

So I moved to NC from NJ looking for a fresh start after a DUI in 2000 and another in 2003 which left me without a license for 27 months.

I get my license back, I had quit drinking for over a year and I move to NC looking to overhaul my life and lifestyle completely. I take a 2/3 pay cut move into a really cheap apartment and set out on a new career and new life.

My bills pile up, I don't pay my surcharges in NJ on time and my license gets suspended. (I hadn't gotten a NC license yet.) I'm depressed, I go out and get blotto and yeah you guessed it I drive home and get caught.

License Suspended, DUI.... A night in jail, Court date looming. I now find out my insurance was revoked due to the suspension and I'm expecting that charge as well even though I haven't heard about it yet.

Haven't had my first court date yet but I look to see what I'm expecting and the laws are listed by offense.... 1st 2nd and third. I believe that the laws have changed as of 1/1/07 but cannot confirm as of yet. Does it count as my third or second because it is the 2nd in 5 years????

Does anyone have knowledge of the NC laws and know what Im facing? I cannot afford an attorney by any means right now and need to know if I should pack up my things and put them in storage before court of not??? I haven't slept in the past two weeks leading up to my court date and can't seem to get anything done due to the stress of the whole situation.

Any help whatsoever will be greatly appreciated.

Thank you.

[Happy Trails]

Originally Posted by effedup

So I moved to NC from NJ looking for a fresh start after a DUI in 2000 and another in 2003 which left me without a license for 27 months.

I get my license back, I had quit drinking for over a year and I move to NC looking to overhaul my life and lifestyle completely. I take a 2/3 pay cut move into a really cheap apartment and set out on a new career and new life.

My bills pile up, I don't pay my surcharges in NJ on time and my license gets suspended. (I hadn't gotten a NC license yet.) I'm depressed, I go out and get blotto and yeah you guessed it I drive home and get caught.

License Suspended, DUI.... A night in jail, Court date looming. I now find out my insurance was revoked due to the suspension and I'm expecting that charge as well even though I haven't heard about it yet.

Haven't had my first court date yet but I look to see what I'm expecting and the laws are listed by offense.... 1st 2nd and third. I believe that the laws have changed as of 1/1/07 but cannot confirm as of yet. Does it count as my third or second because it is the 2nd in 5 years????

Does anyone have knowledge of the NC laws and know what Im facing? I cannot afford an attorney by any means right now and need to know if I should pack up my things and put them in storage before court of not??? I haven't slept in the past two weeks leading up to my court date and can't seem to get anything done due to the stress of the whole situation.

Any help whatsoever will be greatly appreciated.

Thank you.

You really need an attorney.

The laws have been made tougher (this state is/was one of the strictest states already).

The bill that passed came into effect Dec. 01, 2006.

You can view the summary at this link (you'll have to copy and paste without the "url's").

[url]http://www.madd.org/chapterdocs/1055/dwibillsummary%20HB1048.pdf#http://www.madd.org/chapterdocs/1055/dwibillsummary_20HB1048.pdf[/url]

However, I didn't find where the sentencing guideline changed. (The bill stated above that the judge weighs and applies the factors found and imposes an appropriate sentence just as under current law.)

In my opinion this will be your third DUI. The law in NC looks back at the criminal history for a DUI the past seven years. Now the only thing I seen that changed - was for a habitual DUI - that has increased to ten years.

I believe you are looking at a "Level One" punishment, which carries up to a $4,000 fine and imprisonment of not less than 30 days and up to 24 months. (This is a mandatory sentence.) Meaning you will not serve less than 30 days.

[BigMistakeFl]

I agree with Happy, as to this being the third count, and that you must get a DUI lawyer. If you can pack things up and put them in storage, you can sell them just as easily. You need help for your defense and your drinking. I hope you choose to go after them.

[effedup]

Thank you kindly for the input. Although its not quite what I wanted to hear, it is what I needed to hear.

I am scheduled to go to court for the first time on Wednesday, I am hoping that if I plead not guilty and ask for time the judge will give me some time to get up some money for an attorney.

In the past, the first court appearance was nothing more than the reading of my charges and the entry of my plea. That is what I am expecting on Wednesday, am I incorrect to assume this?