First offense OWI - How to negotiate plea bargains

[cycler25]

I live in Hamilton County Indiana, but the offense took place in Wayne Co Indiana (an hours drive away)

I need to be able to negotiate terms for a different, yet similar punishment, plea bargain with the prosecutor on my case. I was arrested for suspected OWI (Indiana's equivilant to DUI) about a month ago. I was driving home while it was pouring down rain at 2 am, I was pulled over when I took a turn and came across a 'barricade - or so the police officer called it. He stopped me to tell me that he didn't see my headlights on and that he wanted to warn me of a downed tree across the road some way ahead. He said he smelled alcohol and asked me how much I had to drink, I did not answer initially because I know that it is my right not to incriminate myself. I then gave him my paperwork since he asked next. He came back to the car, asked again if I had been drinking. I responded yes and nothing more. Then he gave me the Field tests. I passed all but the rapid eye movement part and then the breathalyzer I blew over. They took me to the hospital for a blood test that came back with double the legal limit. Then it was off to jail.

the story I just told will not warrant me much sympathy for how it sounds. That is fine, I was there and so was the officer and no one else. Unfortunately I can't simply argue that he had no right to pull me from the vehicle without hard evidence. Of course there is none. The officer decided to test me because he smelled an alcoholic beverage. Smelling alcohol doesn't automatically mean that I had been drinking it. O'douls smells alcoholic; it is alcohol free. The only thing you could say about it is that I was 'probably' drinking before, but certainly not give an idea of quantity, especially if one does not show signs of impairment otherwise (slurred speech, glassy eyes, tripping over oneself, forgetfullness, etc) which I did not.

Alas, I can't simply walk into the courtroom and start arguing and hope to win anything. The police will always win that fight. Regardless whether or not I feel like I shouldn't have been tested, that is a null subject in my case. I simply want to be able to get a plea bargain that is at least fair to me. I don't feel like the plea bargain the prosecutor has presented me with can be considered as such. it's 14 days in jail (7 for good behavior) or I take an intervention class for 12 weeks straight that I cannot drive to. Since I live an hour away, the classes are out of the question and jail... well, jail doesn't seem right for a person that was not pulled over for swerving, or running stop lights. I was stopped because of a downed tree. Anyways, I would take the classes if they could be moved to my county, but my attorney tells me the prosecution will not budge on their plea. I need help. I'm lost in all of the lawyer-speak and I simply can't see why the state would want to send a 26 y/o with no prior anything on his record to jail. You would think that they would rather give me a chance to have the conviction dropped if I did a bunch of community service or something, but there is no such option for that.

 

[sandyclaus]

I live in Hamilton County Indiana, but the offense took place in Wayne Co Indiana (an hours drive away)

I need to be able to negotiate terms for a different, yet similar punishment, plea bargain with the prosecutor on my case. I was arrested for suspected OWI (Indiana's equivilant to DUI) about a month ago. I was driving home while it was pouring down rain at 2 am, I was pulled over when I took a turn and came across a 'barricade - or so the police officer called it. He stopped me to tell me that he didn't see my headlights on and that he wanted to warn me of a downed tree across the road some way ahead. He said he smelled alcohol and asked me how much I had to drink, I did not answer initially because I know that it is my right not to incriminate myself. I then gave him my paperwork since he asked next. He came back to the car, asked again if I had been drinking. I responded yes and nothing more. Then he gave me the Field tests. I passed all but the rapid eye movement part and then the breathalyzer I blew over. They took me to the hospital for a blood test that came back with double the legal limit. Then it was off to jail.

the story I just told will not warrant me much sympathy for how it sounds. That is fine, I was there and so was the officer and no one else. Unfortunately I can't simply argue that he had no right to pull me from the vehicle without hard evidence. Of course there is none. The officer decided to test me because he smelled an alcoholic beverage. Smelling alcohol doesn't automatically mean that I had been drinking it. O'douls smells alcoholic; it is alcohol free. The only thing you could say about it is that I was 'probably' drinking before, but certainly not give an idea of quantity, especially if one does not show signs of impairment otherwise (slurred speech, glassy eyes, tripping over oneself, forgetfullness, etc) which I did not.

Alas, I can't simply walk into the courtroom and start arguing and hope to win anything. The police will always win that fight. Regardless whether or not I feel like I shouldn't have been tested, that is a null subject in my case. I simply want to be able to get a plea bargain that is at least fair to me. I don't feel like the plea bargain the prosecutor has presented me with can be considered as such. it's 14 days in jail (7 for good behavior) or I take an intervention class for 12 weeks straight that I cannot drive to. Since I live an hour away, the classes are out of the question and jail... well, jail doesn't seem right for a person that was not pulled over for swerving, or running stop lights. I was stopped because of a downed tree. Anyways, I would take the classes if they could be moved to my county, but my attorney tells me the prosecution will not budge on their plea. I need help. I'm lost in all of the lawyer-speak and I simply can't see why the state would want to send a 26 y/o with no prior anything on his record to jail. You would think that they would rather give me a chance to have the conviction dropped if I did a bunch of community service or something, but there is no such option for that.

The police asked if you had been drinking and you told them you had. That alone was sufficient reason to field test you. The breathalyzer portion of the testing is what resulted in the formal OWI charges.

You'll get no sympathy from the peanut gallery. You were guilty of OWI, no doubt about it, simply based upon what you have told here. Considering the much higher jail/prison sentence you could have gotten for the offense, what you're being offered sounds like a sweet deal. One or two weeks in jail or an intervention course as a non-custodial alternative is pretty darn good.

Your attorney is best suited to know what you can and cannot negotiate for a plea bargain. Not only do they know the law, but they also know the local courts and prosecutors, and are the best source of what the average offender can get for their sentence.

No one really cares that you don't feel that you are deserving of spending time in jail here. You would think that you'd be damn thankful that they stopped you when they did - before you caused an accident in which you or someone else was seriously injured or killed. A couple of weeks in jail to think about that seems like a damn light sentence when you consider that possibility.

 

[Eekamouse]

I think a couple of weeks in jail would be quite beneficial to an arrogant 26 year old like yourself. It might open your eyes to the fact that you are not the one who gets to dictate what your punishment will be for drunk driving. You don't like the terms of your plea bargain? Well, that's just too damned bad. The court could care less what you like.

 

[BigMouthWino]

Have you checked with the prosecutor's office to see if the same or similar intervention classes are offered in your county? Chances are people are driving drunk where you live too (hopefully none of them will kill you). It wouldn't be unheard of for you to be able to take the classes closer to home (if you wish to avoid jail).

Does anyone in your life care enough about you not going to jail enough to drive you to the classes if this isn't an option?

 

[ERAUPIKE]

I live in Hamilton County Indiana, but the offense took place in Wayne Co Indiana (an hours drive away)

Okay

I need to be able to negotiate terms for a different, yet similar punishment, plea bargain with the prosecutor on my case.

You want a plea agreement that is different but still similar. You do realize that those words are antonyms, right?

I was arrested for suspected OWI (Indiana's equivilant to DUI) about a month ago. I was driving home while it was pouring down rain at 2 am,

It was late at night and raining, got it.

I was pulled over when I took a turn and came across a 'barricade - or so the police officer called it. He stopped me to tell me that he didn't see my headlights on and that he wanted to warn me of a downed tree across the road some way ahead.

You were driving without headlights on at 2 a.m. while it was pouring down rain, this is not going to end well for you.

He said he smelled alcohol and asked me how much I had to drink, I did not answer initially because I know that it is my right not to incriminate myself.

You are correct.

I then gave him my paperwork since he asked next. He came back to the car, asked again if I had been drinking. I responded yes and nothing more.

You admitted to drinking that night. Why did you decide to waive your 5th amendment right at that point?

Then he gave me the Field tests. I passed all but the rapid eye movement part and then the breathalyzer I blew over.

Got it, you are the only person in the world that doesn't feel the physical effects of alcohol.

They took me to the hospital for a blood test that came back with double the legal limit. Then it was off to jail.

You were not drunk, you were blasted.

the story I just told will not warrant me much sympathy for how it sounds. That is fine, I was there and so was the officer and no one else.

The way you tell it, you were guilty of the crime you are accused of.

Unfortunately I can't simply argue that he had no right to pull me from the vehicle without hard evidence. Of course there is none.

You were driving late at night, without headlights and over curbs. I think he will likely be able to articulate a reason to stop you.

The officer decided to test me because he smelled an alcoholic beverage.

And you admitted to drinking.

Smelling alcohol doesn't automatically mean that I had been drinking it.

It is a good indication though.

O'douls smells alcoholic; it is alcohol free.

O'douls actually has a very small alcohol content. You need to research your argument a bit more.

The only thing you could say about it is that I was 'probably' drinking before, but certainly not give an idea of quantity, especially if one does not show signs of impairment otherwise (slurred speech, glassy eyes, tripping over oneself, forgetfullness, etc) which I did not.

Of course, alcohol has no effect on you. You did say that you were drinking before, it took all the guess work out of it for the officer. In fact, you submitted to three different forms of tests that showed you had clearly been drinking and to an exact measure of how much you had been drinking.

Alas, I can't simply walk into the courtroom and start arguing and hope to win anything.

Correct, the court system doesn't work like that. You have to actually be innocent to hope to win a case arguing your innocence.

The police will always win that fight.

Especially when you admit to drinking and submit to three sobriety tests.

Regardless whether or not I feel like I shouldn't have been tested, that is a null subject in my case.

That is an argument for that night, not in the court.

I simply want to be able to get a plea bargain that is at least fair to me.

What is your idea of fair?

I don't feel like the plea bargain the prosecutor has presented me with can be considered as such.

Well, you do have the option to turn it down.

it's 14 days in jail (7 for good behavior) or I take an intervention class for 12 weeks straight that I cannot drive to.

Sounds pretty fair considering what you could get:
1st Indiana DUI Offense
First Drunk Driving Conviction
Class C Misdemeanor
Jail Up to 1 Year (BAC .15 or Above)
Fine Up to $5,000 (BAC .15 or Above)
License Suspension Up to 2 Years
Court Fees At Least $300
Probation Up to 2 Years

7 days sounds much more fair than 1 year to me.

You lost your privilege to drive by your own actions.

Since I live an hour away, the classes are out of the question and jail... well, jail doesn't seem right for a person that was not pulled over for swerving, or running stop lights.

Just driving around at 2a.m. without your headlights on in the pouring rain......

I was stopped because of a downed tree.

And you did not have your headlights on, and you jumped a curb

Anyways, I would take the classes if they could be moved to my county, but my attorney tells me the prosecution will not budge on their plea.

When he old you this did he use little words or big lawyer words that are hard for you to understand.

I need help. I'm lost in all of the lawyer-speak and I simply can't see why the state would want to send a 26 y/o with no prior anything on his record to jail.

The state wants to send a 26 year old to jail to learn a lesson, a much needed lesson, about the dangers of driving while completely hammered.

You would think that they would rather give me a chance to have the conviction dropped if I did a bunch of community service or something, but there is no such option for that.

You would think that, you could always reject the plea and tell the judge that you think you should have the conviction dropped because you don't really think driving at double the legal limit is all that serious.

 

[LawJim]

Where is your attorney during all of this? Did you not hire one? Boy, oh, boy. DUI is one of the most technical law areas out there and if you decided to go it without one, well, frankly, don't know what you were thinking. If there is still time, you might think about getting an attorney or if you can't afford it, some legal aid. Remember how the saying goes: The man/woman who goes to court defending themselves has a fool for a lawyer.

 

[cycler25]

thanks for the advice.

 

[cycler25]

The edit button and quote button do not work so pardon the reply

I actually have hired an attorney and he is telling me that I could defend myself if I want to spend close to ten thousand for depositions, witness fees, re-tests, etc. Otherwise, he says, I do not have a case. I just want to be able to move the classes up to Indianapolis.

 

[Mass_Shyster]

The edit button and quote button do not work so pardon the reply

They work just fine once you install adblock

I actually have hired an attorney and he is telling me that I could defend myself if I want to spend close to ten thousand for depositions, witness fees, re-tests, etc. Otherwise, he says, I do not have a case. I just want to be able to move the classes up to Indianapolis.

Look into renting a room near the classes.

 

[LawJim]

You might have consulted at least 3 lawyers before you made any decision. Did your lawyer say how much it would be if he or she represented you? It sounds like you've pronounced yourself guilty and if this is the case, it might be best to rent the room...

 

[BigMouthWino]

I just want to be able to move the classes up to Indianapolis.

So since you're negotiating this yourself: call the prosecutor and request that you be allowed to take the classes in Indianapolis.[\B] I believe this advice was already provided above. There are drunk drivers in Indianapolis and there are drunk driving classes in Indianapolis. Find one that is acceptable to the prosecutor.

 

[Indiana Filer]

Once sentenced, you should be able to request an Intrastate Transfer for Courtesy supervision of your probation to either Marion or Hamilton County. Both counties have alcohol education classes, I am sure, and also have agencies that offer IOP if that is a term of your sentence.

 

[govtdog]

I got most of the help for my wife and her stupid 1st DUI on other sites which MOSTLY included other local lawyers who advertised as being DUI attorneys. Call them, talk to them, and then limit the few you feel most comfortable with to meet with for free. If you were like us, we met with a bunch of very good highly respected/reviewed lawyers who we just couldn't afford... and then took what they told us to hire some new guy with whom my wife felt most comfortable.. and I keep passing along my legal research and the stuff the other too expensive guys told us they would do.

We would have actually hired a few of the attorneys we actually met with but they wouldn't accept payments over time... even though their final price was comparable.

Good Luck with your case!

 

[cycler25]

an Intrastate Transfer for Courtesy... Sounds interesting, I will ask my lawyer about that, though I think he would just as soon tell me nothing so he could get his money and this case over.

 

[Indiana Filer]

There really shouldn't be a problem with getting the transfer to your county since you live there. In my experience, most transfers are accepted.