Please Help...Desperate...

[Stormshadow657]

What is the name of your state (only U.S. law)? North Carolina

Ok I live in PA but am stationed here in NC as I am active duty Military...I just got charged with DUI last night. During the night when I was handcuffed the cuffs were applied so tight that I've had bruising and loss of feeling in half of my right hand. I have pictures of the bruising and even the officer at county lockup said that the handcuffs were applied "excessively" I was not charged with resisting arrest or anything else. Also there are clerical errors on the ticket itself. The license plate information is wrong on the ticket. I don't know what to do here. I'm scared as all hell and to top it all off...I'm facing Battalion level NJP as well. Please someone help me....

Forgot to mention....First DUI, Clean Traffic record, Clean record no past history of any problems

 

[paguy88]

[/QUO. During the night when I was handcuffed the cuffs were applied so tight that I've had bruising and loss of feeling in half of my right hand. I have pictures of the bruising and even the officer at county lockup said that the handcuffs were applied "excessively" I was not charged with resisting arrest or anything else. ticketTE]

not going to help you.. I do believe you can complain to the Department but won't help in the criminal case

Also there are clerical errors on the ticket itself. The license plate information is wrong on the ticket

meaningless.... it does not work like on TV where you get off on some minor error...

If I were you I would get a lawyer who specializes in DUI yesterday

 

[BigMistakeFl]

I concur

Agree with PAGuy; sorry. Mistakes on the report or ticket aren't going to count as loopholes to get you off. You can attempt to defend yourself if you wish, but this will not affect the evidence.

I had minor cuts and bruises from the cuffs, (zip-strips) I wore, and they cleared up in a few days. Sure, you can complain if you choose.

 

[Stormshadow657]

Yeah I figured I wouldn't have much to stand on there....The only thing I really got going for me is the fact that the officer needed me to take a breathalyzer over 5 times...Because he kept screwing up setting up the machine. Hopefully my DUI lawyer will be able to use that to discredit the officer. Also since I didn't stumble or fall over on my turn and walk and one legged stand hopefully I'll have enough to put up a good enough fight that I can either Plea Bargin or have my attorney punch enough holes. This is the most miserable experience of my life. As if having to worry about an impending deployment in a forward combat unit weren't enough. Now I just found out if they can't move my courtdate I won't be allowed to deploy with my unit...may not sound like much but these are the guys i've lived, ate, breathed, sweated, and bled with. God this has been the worst mistake of my life.

 

[seniorjudge]

Yeah I figured I wouldn't have much to stand on there....The only thing I really got going for me is the fact that the officer needed me to take a breathalyzer over 5 times...Because he kept screwing up setting up the machine. Hopefully my DUI lawyer will be able to use that to discredit the officer. Also since I didn't stumble or fall over on my turn and walk and one legged stand hopefully I'll have enough to put up a good enough fight that I can either Plea Bargin or have my attorney punch enough holes. This is the most miserable experience of my life. As if having to worry about an impending deployment in a forward combat unit weren't enough. Now I just found out if they can't move my courtdate I won't be allowed to deploy with my unit...may not sound like much but these are the guys i've lived, ate, breathed, sweated, and bled with. God this has been the worst mistake of my life.

I don't mean to kick you while you are down, but consider this: It's not a mistake. It was an intentional act on your part.

You need to realize this to start your recovery.

 

[BigMistakeFl]

Breath machine

Don't be surprised if the prosecution says that the failure of the machine to get a good reading the first four times was actually your fault.

I don't usually do tea leaf readings on Tuesdays, but I'm predicting your lawyer will not be able to "shoot holes" in the case, unless he can prove that the stop was illegal. I predict you will eventually accept a plea offer of first offense minimum penalties which may include:
30 day license revocation, with hardship license possible for last 20 of those
Up to 2 years jail, not likely for a first offender though
Ignition interlock system if BAC was over 0.16
Record of arrest and conviction

 

[seniorjudge]

...

I don't usually do tea leaf readings on Tuesdays

...

And, to top it all off, the FA crystal ball has been broken!

I suspect it has been all the political and economic upheaval what done it in.

Shame ...