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First DUI need advice please, not guilty-with proof, but charged.

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pack4

Junior Member
What is the name of your state? KENTUCKY What is the name of your state? KENTUCKY--Posted this once already, looking for others advice- just got ones reply- please! Ok, I was on my way back to my home/job- 2 hrs away from where this happened- had been to dr with girlfriend, when I was involved in a VERY MINOR accident on I-75. Vehicle enforcement officer arrived and eventually started asking me if I had been drinking or doing drugs...I advised no. He asked if I had ever, having never been arrested before or in any trouble, I told him that I had smoked pot when I was in high school and that in Jan 06 I had shoulder surgery and was prescribed pain pills. I was simply telling him the truth. He then asked me to take a field sobriety test Because "He noticed my pupils were constricted and my speech was slurred" (YEAH, WHATEVER). I "followed" his pen with my eyes, said my ABCs, then I had to stand on one foot with my arms out to side- like a bird... I counted to 28 and told him this was ridiculous and it was aggravating my shoulder injury, I placed my foot on the ground and he told me I was under arrest for DUI because I put my foot down before he told me to. (Even worse, I was told by a State Police officer friend that counting to 30 is the norm- just my luck.) He searched my car twice- found nothing. I had nothing on me, or in my system for that matter. He wrote the ticket stating _admits to smoking pot and taking pills, but not today._ He made it sound like I was a druggie who used earlier in the week. I had been with my pregnant girlfriend the whole day, and I was simply on my way to work when this happened. I havent done any kind of drugs- illegally in over 10 years, and when I did I was minor making stupid choices. I was offered a urine test, and was taken to the parking lot of the hospital, I asked the officer would I still be arrested if I took the test, he said yes. I WAS NOT advised that refusal of the test would result in my license suspended 6 months automatically, had I known this I would have most definitely taken test. I simply thought I could get out of jail faster and get on to work. I had no idea how long it would take, or what the outcome would be. When my girlfriend bailed me out of jail, she took me immediately to the E.R. for urine test- I guess to ease her mind_ I mean, heck, she was having a baby with me. I tested NEGATIVE for everything_ Obviously, I knew I would. To make a long story short, I went to court for it in March- finally- judge REFUSED to accept my drug screen that attorney subpoened from hospital. Because I had no previous record and the da said he understood circumstances, but had to go with the judge, they offered me an alford plea and told me I had $1000 fine to pay, had to attend $250 dui classes, and it would be on my license for 5 yrs.-but I would get my license back in 30 days, instead of 180. I could have went to trial, but my OVERPRICED attorney told me that I had a 10% chance of winning since the judge wouldn't allow the test. Coincidentally, I had been offered this alford plea in Dec without an attorney, but was advised by the da to get an attorney as it would prob be thrown out. I paid the attorney $1500 for the SAME thing I was offered in Dec.- urgh! My attorney said If I didn_t win my case, I could lose my license for a whole year, get at least 30 days in jail, additional fines, etc. It was a joke!! Ultimately I have lost my job related to this (the night I was arrested, I was a no call no show and then had _ literally _ a court appearance a month every month until March- they got fed up with it. Now, I haven_t been able to obtain gainful employment, my car insurance was cancelled and its now going to be over $300 a month- that_s more than my car payment. In total this unwarranted arrest has cost my over $10000. (loss of income, fines, attorney fees, classes, getting license back, etc.) Is there anything I can do to have this looked into further to have it removed? I have a brand new daughter to support and this is making my life hell. If I WAS guilty, I would take my punishment like a man, but this is simply unfair and not right. Any advise would be greatly appreciated. Any ideas how long it takes to have something like this expunged, or if its even possible. I dont know the process for most any kind of legal matter as, once again, I'm not trained in law nor have I ever been in ANY kind of trouble whatsoever. I have since found out that this same officer has 6 identical cases within court system, he is under investigation for conduct unbecoming an officer (or however that is said), and he had over 40 cases recently thrown out of another local court because the judge was fed up with tickets he wrote to "hard working people" for one and two miles over the speed limit. He's a real punk with a major chip on his shoulder. The state police officer I know said that he has heard him say "If I pull someone over they are either arrested or ticketed...guaranteed!" Thats ridiculous!
 


mayday

Junior Member
I'm probably not going to be much help but here goes; What's the chance you can sit on this awhile? seems to me if this "officer" is under investigation for excessive ect... all of his cases may be able for a review upon conviction or even his being sanctioned. This may give you some leverage for review or appeal. if this happens I would then: 1.) get another attorney, 2.) see if you couldn't get it reviewed either as a group (with his other victims) by the more sympathetic judge. This is going to take alot of patience and some luck. You haven't said what it is you do, but as a manager I interview and as part of the interview process I listen for "admissions". Even though you may have a conviction you are still eligible for employment. Usually the stigma of a DWI is with you. However, it's all in how you present yourself. You only have once to make a first impression. My advice is to present yourself honestly, and earnestly. I may even be so bold as to suggest you take an entry level opportunity(s) and stick with it/them for awhile. Prove yourself (and earn some money, maybe not much, but some nonetheless). This will give you some time and kill the other thing that potential employers look at:job time lapse. On most applications it asks for convictions. Some specify felony convictions. If it asks that DO NOT volunteer any info on the application unless your DWI was a felony. Cover it as an admission during your interview. DO NOT whine, elaborate, or embellish. Just the facts with the maturity to accept the consequences even though they may be unjustified. Good luck!
 

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