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First DUI

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mikekess18

Junior Member
hey guys I just recently got my first DUI. I know things arent looking 2 good but I need to know what im possibly looking at. Just a brief backround, im 18, live in new york (long island to be more specific). I guess i was peer pressured into taking a drug I shouldnt of and it made me completley pass/black out at the wheel and I hit into a pole. my friend in the car did injur his hand and went to the hospital but he is getting better. The pole was damaged, they had to spend the entire next day fixing it. anyway at the scene the cop arrested me for DUI (driving under the influence of drugs). they breathalized me 2 but i didnt drink so i got .oooo. i spent the night in a holding cell, saw the judge in the morning and im being monitored by a probation officer , sentenced me to some drug and alcohol screening, and gave me another court date in like a month. i am going to speak with a lawyer of mine today. they also suspended my license. also the DA here is really strict about dui/dwi. i do have a possible defense if people have sympathy, I do have chrones disease and can try and argue i was self medicating although i didnt have a prescription for what i took. so all in all i know this is bad, friend hurt his hand, damage to pole, dui charge... what do u guys think i am possibly looking at... and what are my chances of maybe getting a conditionary license just to drive to school and to work, slim and none ?

thx in advance for help
 


mikekess18

Junior Member
ive never been introuble with the law before, but a few months ago I did get a speeding and reckless driving ticket, both where reduced tho in a plea bargain to like a parking ticket and a stop sign ticket or something. but im sure if the judge or da sees that its not good. also I did admit to the cop what pill i took at the scene probably cause a. i was scared and b. i was really messed up and had no clue what was going on.
 
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seniorjudge

Senior Member
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

mikekess18

Junior Member
thanks for that advice.

and u said "Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable."

what is traffic school and drug court? im not familiar with any of this.
 

seniorjudge

Senior Member
Traffic school is a series of meetings to teach you how to drive better.

Drug court is a court with a judge (or commissioner) but instead of going to jail, you are required to attend meetings and lectures and stuff.
 

mikekess18

Junior Member
also should I bring up to my lawyer that the cops never read me any of my rights not when i was arrested and not at the precinct
 

BigMistakeFl

Senior Member
BigMistakeFl

This is a common misnomer, that people think they have a constitutional right to hear the Miranda rights when being arrested for DUI..... they do not.
 
They are supposed to "read you your rights" if and when they question you about the crime. If they do not, anything you say might be inadmissible as evidence against you. Because most modern day DUI cases are backed up by some sort of scientific evidence, there's typically no need for them to grill you on the details, so most DUI cases never get to the point of Miranda rights.
 

BigMistakeFl

Senior Member
BigMistakeFl

Yup; that's pretty much it. And so you can be arrested and not read rights. Just so long as they are not interrogating you.
 

mikekess18

Junior Member
well ill let u guys no what happens hopefully i dont go to jail and hopefully i can get a restriced license to drive to work and school
 

mikekess18

Junior Member
oh yeah they also told mei have to go to this drug / alcohol screening i guess to see if i have a drug or alcohol problem... are they gonna drug test me there?
 

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