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  #1  
Old 07-21-2008, 02:39 AM
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Join Date: Jul 2008
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Question

No Representation for DUI - 1st Offense


Idaho -

Last week I made a poor decision and was arrested for DUI with damage. Additionally, in a panic, I left the scene. However; I turned around to go back to the scene and was about a block away when I stopped for police. My initial thought is going through this with no representation and pleading guilty to the charges. There are some items that I don't fully agree withing as far as the process went but nonetheless I had been drinking and driving. I didn't want to take a sobriety test and voiced it several times but the officer ignored my requests and continued. I just complied. I tested 6 times looking at his pen and walking the line. It seemed he kept going until I failed. He took me in and I failed the breath test after my 3 attempt. The first 2 breath tests were invalid as the machine flashed.

So, the actions I've taken so far are:
1. Requested a restricted driving permit after my first 30 of 60 days suspension to DOT.
2. Written a letter of apology to the property owner where I damaged.
3. Have met with my insurance to cover all damages to property. My vehicle (total loss).

What next?
1. Do I call the prosecuting attorney? What do I say or ask?
2. Is there any type of instruction class I can/should take before court?
3. What do I say to the judge in court and at what point to I get to speak?

I can't believe what I did and am completely remorseful for my actions. But, what happened, happened. It doesn't matter who you are either... I'm the typical soccer dad that coaches my son's little league and a successful business manager. I'm truly embarrassed also.

Thanks,

Last edited by Ouch123; 07-21-2008 at 02:44 AM. Reason: Sentence edit
  #2  
Old 07-21-2008, 07:30 AM
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Join Date: Feb 2007
Posts: 8,285
The prosecutor is disinclined to speak to the defendant.
It would be improper for the judge to do so.

You are being charged with a crime (possibly a second for leaving the scene).
While jail time is not mandatory, it is a possibility.

Hopefully you didn't have a high BAC.

While you are pleading guilty and taking responsibility for your actions, a lawyer may still be advisable to minimize the sanctions.
  #3  
Old 07-21-2008, 09:33 AM
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Join Date: May 2008
Posts: 191

Get A Lawyer ASAP


You never go it alone in criminal court. Get a copy of your police report to find out what they said about the incident, find out exactly what you are being charged with, and go talk to a lawyer. What was your BAC?

Regardless of conviction you can also get sued in Civil Court by the property owner where this damage occured.

That letter you sent can be used against you as an admission of guilt both on the criminal as well as the civil sides.

Was somebody hurt in this accident, bodily injury can enahce the DUI penalties you are facing.

Get a lawyer who knows ID DUI Laws, typically you can get an initial consult for free.

Research ID DUI Laws on the net, that will also give you info on what you are up against.
  #4  
Old 07-21-2008, 11:44 AM
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Join Date: Oct 2007
Posts: 632
dui is very complicated and could effect you life if convited for a long long time....


dude get a lawyer ASAP
  #5  
Old 07-21-2008, 01:06 PM
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Location: Tallahassee, Florida
Posts: 45

You Really Need an Attorney


I agree with the others. This is not a situation you want to mess up.

I do have a couple of questions, though. If you refused to take the FST why did you then end up doing it 6 times? Same with the BAC. Did you refuse then give in?
  #6  
Old 07-21-2008, 06:59 PM
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Posts: 65
very big mistake to go it alone.
  #7  
Old 07-21-2008, 11:00 PM
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Quote:
Originally Posted by Florida Lawyer View Post
If you refused to take the FST why did you then end up doing it 6 times? Same with the BAC. Did you refuse then give in?
I stated several times that I didn't want do the FST but he just ignored my request and continued with his questions. At that point I just did them as requested as he never acknowledged my request to not do them.

I never refused to do the breath test at the station.
  #8  
Old 08-03-2008, 10:07 PM
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Join Date: Aug 2008
Posts: 2
It is better go for the alcohol assessment and start taking up the classes immediately. This would help you in court down the lane.
Also, it is important to make sure that property damage matter is taken care of. Better to keep copies of cliams from the owner and responses from insurance companies.
DUI law is very complex. If you want to fight the case based on how arrest happened and other evidence, then DUI specialist lawyer is a must. It will cost lot of money.
You can also take advice from few lawyers as initial consultation to understand strength / weakness of your case. You can also see if there is a court appointed public attorney that could help. If you want to plead, you can look for local seasoned lawyers that would charge less but can secure a good plea bargain. Enquire about the option of pleading guilty no-contest vs pleading guilty, as this involves an accident.
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