What is the name of your state (only U.S. law)?
Virginia
I know things here don't sound too good.. but that's why I've decided to ask for advice.
Last year, in December, I was arrested and charged with a DUI. I took a plea deal package with the basic DUI charge...ASAP / suspended license / probation. Things were going well: I was tackling all of my requirements, got my license back (with an interlock device), and all that good stuff.
Some couple of months later, I went to a party and ended up drinking (for the first time since the DUI). No plans to drive.. but when our rental house was kicking us out the next day (a full 18 hours after I had stopped drinking) and I had to move my car down to the beach. I didn't think it would be an issue, but I blew positive. ASAP sent me back to court for violating terms of my DUI probation.
During court, my lawyer helped me out.. essentially the court had no idea what I had done wrong, they just heard from ASAP that I had violated my terms of probation. My lawyer managed to get me back into my ASAP classes where I left off and ASAP assigned me a new out-patient alcohol program. The judge ordered me to come back this coming December to prove that I had met the terms of my probation.
...
Last night, I drove some friends out to a small concert (I have been their DD a lot throughout all of this). We got to the concert, did the meet greet thing with everyone there, and then I ended up having a few drinks (as the placed was packed and it was a very good band); no plans to drive home, as we had all agreed that I could use a drink at this point and decided to get a cab.
I went outside to smoke and saw a couple (very intoxicated) arguing about driving home. I stood there for a while convincing them not to as I had experienced it and was still going through the process. In the end, they pretty much told me to **** off and said that they were going for it. I followed them around the corner trying to talk some sense into them at which point the girl ran up to a police car and told the officer I was following and threatening them.
I relayed to the officer that I had no problem, that I was just trying to give some advice, he waved them off (but I thought he was waving all of us off) so I turned around and started walking with the couple back to the club. He yelled out "I wasn't done with you, pretty boy" in a derogatory tone and I made the mistake of replying back with "go **** yourself" and continued walking. Needless to say, I was thrown against the car, arrested, etc. I did not resist in the slightest (other than refusing a breathalyzer as I knew it's not a requirement) and kept my mouth shut until the mistreatment back at the jail. The charge was for Drunk In Public (DIP). I denied having had any drinks.
I was not visibly drunk at this point and was doing well at keeping my composure and was silent.. until the mistreatment, verbal abuse, and threats came. I did not resist though the officers and I threw back verbal slander (room of 4 officers) and another guy being arrested. One of my remarks caused the officer to grab me by the collar, drag me up out of my seat and to the middle of the room as he was screaming and threatening physical harm; he literally had to be talked down by myself "Don't do this man, you're already in trouble at this point" and his fellow officers "Hey, xxx, go easy.. let it go". He eventually let me go, but things were super awkward and silent after that.
I understand that I was in the wrong for drinking and violating my terms of probation.. but it seems fairly obvious that this is not a fair DIP charge and was more of a "I pissed off the officer".
I need advice on how to handle the situation. My lawyer has always been good to me but after all of this DUI stuff, hiring him twice, ASAP, out patient classes, constant drug tests, breathalyzer, etc. I simply don't want to give this guy any more money (and quite honestly can't afford to). This entire scenario has cost me a ~$15,000 now and I simply cannot let it go any higher.
I do know if I plead guilty to this, I'm going to face more consequences. I truly am on the last line here.. I cannot afford to miss any more work, take any more out patient classes, and I sure as hell don't want to serve the jail time that's hanging over my head.
...
As for the drinking, it has been well established through my AA classes, a couple personal therapy sessions, and my outpatient classes that I do not have a problem with alcohol. The consensus from these professionals is that I just went overboard. However, I do have a problem with following the rules and I don't want to the court to see that.
As per this post over a year ago, I was arrested for a DIP after sleeping off a true drunk (notably intoxicated) in my car: https://forum.freeadvice.com/drunk-driving-dui-dwi-27/public-intoxication-assaulted-car-impounded-need-help-594741.html ..so that's another negative strike against me.
...
In addition, these "case managers" at ASAP are of no help. I've been assigned to three different ones (no idea who my current one is) without ever requesting to be switched. I've not been able to get in touch with one via the phone but guess I will have to drive down and force one to talk to me.
My question is.. do I tell anyone about this? Or, possibly, is there a some kind of way I can stall the outcome of this charge until after December 9th to avoid the conflict of court?
Virginia
I know things here don't sound too good.. but that's why I've decided to ask for advice.
Last year, in December, I was arrested and charged with a DUI. I took a plea deal package with the basic DUI charge...ASAP / suspended license / probation. Things were going well: I was tackling all of my requirements, got my license back (with an interlock device), and all that good stuff.
Some couple of months later, I went to a party and ended up drinking (for the first time since the DUI). No plans to drive.. but when our rental house was kicking us out the next day (a full 18 hours after I had stopped drinking) and I had to move my car down to the beach. I didn't think it would be an issue, but I blew positive. ASAP sent me back to court for violating terms of my DUI probation.
During court, my lawyer helped me out.. essentially the court had no idea what I had done wrong, they just heard from ASAP that I had violated my terms of probation. My lawyer managed to get me back into my ASAP classes where I left off and ASAP assigned me a new out-patient alcohol program. The judge ordered me to come back this coming December to prove that I had met the terms of my probation.
...
Last night, I drove some friends out to a small concert (I have been their DD a lot throughout all of this). We got to the concert, did the meet greet thing with everyone there, and then I ended up having a few drinks (as the placed was packed and it was a very good band); no plans to drive home, as we had all agreed that I could use a drink at this point and decided to get a cab.
I went outside to smoke and saw a couple (very intoxicated) arguing about driving home. I stood there for a while convincing them not to as I had experienced it and was still going through the process. In the end, they pretty much told me to **** off and said that they were going for it. I followed them around the corner trying to talk some sense into them at which point the girl ran up to a police car and told the officer I was following and threatening them.
I relayed to the officer that I had no problem, that I was just trying to give some advice, he waved them off (but I thought he was waving all of us off) so I turned around and started walking with the couple back to the club. He yelled out "I wasn't done with you, pretty boy" in a derogatory tone and I made the mistake of replying back with "go **** yourself" and continued walking. Needless to say, I was thrown against the car, arrested, etc. I did not resist in the slightest (other than refusing a breathalyzer as I knew it's not a requirement) and kept my mouth shut until the mistreatment back at the jail. The charge was for Drunk In Public (DIP). I denied having had any drinks.
I was not visibly drunk at this point and was doing well at keeping my composure and was silent.. until the mistreatment, verbal abuse, and threats came. I did not resist though the officers and I threw back verbal slander (room of 4 officers) and another guy being arrested. One of my remarks caused the officer to grab me by the collar, drag me up out of my seat and to the middle of the room as he was screaming and threatening physical harm; he literally had to be talked down by myself "Don't do this man, you're already in trouble at this point" and his fellow officers "Hey, xxx, go easy.. let it go". He eventually let me go, but things were super awkward and silent after that.
I understand that I was in the wrong for drinking and violating my terms of probation.. but it seems fairly obvious that this is not a fair DIP charge and was more of a "I pissed off the officer".
I need advice on how to handle the situation. My lawyer has always been good to me but after all of this DUI stuff, hiring him twice, ASAP, out patient classes, constant drug tests, breathalyzer, etc. I simply don't want to give this guy any more money (and quite honestly can't afford to). This entire scenario has cost me a ~$15,000 now and I simply cannot let it go any higher.
I do know if I plead guilty to this, I'm going to face more consequences. I truly am on the last line here.. I cannot afford to miss any more work, take any more out patient classes, and I sure as hell don't want to serve the jail time that's hanging over my head.
...
As for the drinking, it has been well established through my AA classes, a couple personal therapy sessions, and my outpatient classes that I do not have a problem with alcohol. The consensus from these professionals is that I just went overboard. However, I do have a problem with following the rules and I don't want to the court to see that.
As per this post over a year ago, I was arrested for a DIP after sleeping off a true drunk (notably intoxicated) in my car: https://forum.freeadvice.com/drunk-driving-dui-dwi-27/public-intoxication-assaulted-car-impounded-need-help-594741.html ..so that's another negative strike against me.
...
In addition, these "case managers" at ASAP are of no help. I've been assigned to three different ones (no idea who my current one is) without ever requesting to be switched. I've not been able to get in touch with one via the phone but guess I will have to drive down and force one to talk to me.
My question is.. do I tell anyone about this? Or, possibly, is there a some kind of way I can stall the outcome of this charge until after December 9th to avoid the conflict of court?
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