RE: DUI Charge

What is the name of your state? WV

Although I realize it is too late to do anything about this now I am posting this question out of simple curiosity.

Two years ago my husband (not at the time) was pulled over for doing 80 in a 70 at 2:30 a.m.. The officer asked him if he'd been drinking and he admitted he had so the officer asked him to submit to a breathalyzer. He agreed and blew a .094 (the legal limit in WV is .1. The officer had him do other tests, which he felt he passed.

Before taking him to the county jail the officer told him that he was under the legal limit but due to the fact that he was speeding he was going to take him in on a DUI charge but that my husband could get it reduced to a reckless driving charge.
Being good people who have never been in ANY trouble we didn't raise any questions. We thought that even though he was below the legal limit maybe the officer could say he failed the tests and appeared drunk and that would be good enough for the courts (it would be my husbands word against the officers).

When we appeared at the hearing the officer was not there and we questioned getting the charge reduced. They told us that if we fought it it would end up costing hundreds in lawyer fees and that the DUI would be on his record even if he wasn't convicted. The judge called everyone with a DUI charge up to the front of the room and told them all to say "No Contest", one of the 7 or 8 guys up there said he wanted to plead "guilty" and one wanted to plead "not guilty" the judge said, "Listen I'm doing you a favor here, just say no contest". So everyone did.

When we went to register for the class DUI offienders have to take the woman could not believe he had been charged with DUI under the legal limit, she told him she'd never had anyone under before. (Everyone he took the class with had over a .2 limit when arrested.) So he took the class, paid the fees. Six months later he got his licence back and we tried to put it all behind us.

Of course now he is stuck with the reprocussions of a DUI ($4000/year for car insurance...). I just wondered had we been a little more savy and tried to fight would we have stood a chance?

[HomeGuru]

Originally posted by nighthawk75
What is the name of your state? WV

Although I realize it is too late to do anything about this now I am posting this question out of simple curiosity.

Two years ago my husband (not at the time) was pulled over for doing 80 in a 70 at 2:30 a.m.. The officer asked him if he'd been drinking and he admitted he had so the officer asked him to submit to a breathalyzer. He agreed and blew a .094 (the legal limit in WV is .1. The officer had him do other tests, which he felt he passed.

Before taking him to the county jail the officer told him that he was under the legal limit but due to the fact that he was speeding he was going to take him in on a DUI charge but that my husband could get it reduced to a reckless driving charge.
Being good people who have never been in ANY trouble we didn't raise any questions. We thought that even though he was below the legal limit maybe the officer could say he failed the tests and appeared drunk and that would be good enough for the courts (it would be my husbands word against the officers).

When we appeared at the hearing the officer was not there and we questioned getting the charge reduced. They told us that if we fought it it would end up costing hundreds in lawyer fees and that the DUI would be on his record even if he wasn't convicted. The judge called everyone with a DUI charge up to the front of the room and told them all to say "No Contest", one of the 7 or 8 guys up there said he wanted to plead "guilty" and one wanted to plead "not guilty" the judge said, "Listen I'm doing you a favor here, just say no contest". So everyone did.

When we went to register for the class DUI offienders have to take the woman could not believe he had been charged with DUI under the legal limit, she told him she'd never had anyone under before. (Everyone he took the class with had over a .2 limit when arrested.) So he took the class, paid the fees. Six months later he got his licence back and we tried to put it all behind us.

Of course now he is stuck with the reprocussions of a DUI ($4000/year for car insurance...). I just wondered had we been a little more savy and tried to fight would we have stood a chance?

**A: possibly.

well only thing of any good out of that situation was the judge let him plead no contest which means should he ever get another dui it will be counted as his 1st not 2nd.

Thanks for that bit of information, kalona681. I was unaware of that little fact. Luckily he has decided never to drive even if he's only had one drink, but that is still interesting to know.

Originally posted by kalona681
well only thing of any good out of that situation was the judge let him plead no contest which means should he ever get another dui it will be counted as his 1st not 2nd.

That is not true, it WILL be his second DUI, nolo or not!!!