What is the name of your state? North Carolina
Over the weekend several friends and I went out. While at the bar, I noticed that our designated driver was being cut off (at the bar) and later was puking. While at the bar, I only had one drink, and few sips of others. WHen we left, I did not feel drunk and had had far less to drink than anyone else with us. Its imprtant to note that I am a girl, I am small, and I had not eaten in the past 3 hours. I am also not much of a drinker.
We got pulled over because one of the drunken passengers threw trash out the window right in front of the cop.
I blew a .13.
They were very nice to me while I was being arrested, but I have no idea what to do next. I know I need an attorney, but I was wondering what typical retainer fees are, and any other advice that anyone can offer wil be helpful.
Sex, prior meals, weight, etc. have nothing to do with blood alcohol content.
If you tested .13 and were able to sit in a car and operate it, then you are a seasoned drinker. You have an alcohol problem. Start going to AA and bring your sponsor to court.
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.