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Old 01-10-2009, 08:59 PM
Junior Member
 
Join Date: Jan 2009
Posts: 1

second DUI.. (michigan) Please help me


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

I am currently struggling with my second OWI.

I actually had my 1st OWI(which is same as DUI nowadays,..) in 2 years and i was pulled over couple of months ago.
My BAC was, first one was refused, and i got 0.20 for the second time, and .21 for the third time.

I went to pre-trial last week and my lawyer and prosecutor came with a OWVI and my open intox was dismissed. However, I still might have to do 2 weekends in jail.

I am still trying to win this case if i can.. there was a small mistake with the data base machine and my lawyer was asking me whether i want to go to trial or not.

I can't really afford to lose my license for a year and thinking about going to jail scares the heck out of me.

I know i made a huge mistake and i am suffering from it. Lesson is completely learned.

So my questions is to you guys, should i go to trial or just accept what they offered me?

I heard if i go to trial and lose, the judge is going to punish harder.
If i can gurantee that i won't get any harsh sentence, then i want to go to trial. I just want to try everything that i can possibly do. But i am still afraid of getting more harsh sentence.

My lawyer said there will be small possibilities but it will be very difficult. And he is not giving me a solid answer whether i should go to trial or not. And he just want me to make a decision. but i don't know what to do.

I have been going to AA meetings and doing the councelling.

Please help me out and give me some advice whether i should go to trial or not.
I heard some people had some luck that their cases got dismissed or reduced to reckless driving.

I am actually in East lansing area and i heard judges here are a little bit more strict since there are so many DUI cases.

Please help me out. I need to let him know by tomorrow.

Thanks very much!
  #2  
Old 01-11-2009, 08:32 AM
Senior Member
 
Join Date: Feb 2007
Posts: 8,231
It would be highly unlikely that you aren't going to be parked for a while. At the best 30 days before you can even get a restricted license. On the other side, kiss you license goodbye (no restricted no nothing) for up to two years.

Plea bargaining isn't usually a DIY thing. What does your lawyer say about all this.

.20 is substantially intoxicated (and I suspect you were actually worse when you were actually driving). You
haven't even BEGUN to suffer for this. The trauma of being arrested and having a criminal proceeding hanging
over you isn't enough...and it obviously wasn't enough based on your recidivism.
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