First DUI in NY

[Dimad]

I was driving back to CT from NY with two girl. Pulled over on the side of the highway. A cop pulled up behind me to see if everything was ok and said he smelled alcohol. Did the sobriety test and the whole 9 yards. I ended up being charged with DUI. I didn't speed, didn't drive recklessly, they would have never even known I was drinking if i just kept driving. Now I'm doing research on attorney vs PD, looks like I have to go with an attorney because from what I read PDs are worthless and not recommended. I read that the cost to fight this case could be 9000 - 25000 dollars. Does anyone know if this is true? Also will my case be treated less seriously since I was completely conscious and aware and didn't really break any laws other then DUI ( i didn't crash or do anything reckless, basically got caught by accident.) Please let me know, I have a month to prepare to this case. Appreciate it.

 

[Zigner]

You need an attorney...and I would suggest that you keep your mouth closed about this unless speaking with your attorney. Your cavalier attitude about such a serious matter does not serve you well.

 

[not2cleverRed]

I was driving back to CT from NY with two girl. Pulled over on the side of the highway. A cop pulled up behind me to see if everything was ok and said he smelled alcohol. Did the sobriety test and the whole 9 yards. I ended up being charged with DUI. I didn't speed, didn't drive recklessly, they would have never even known I was drinking if i just kept driving. Now I'm doing research on attorney vs PD, looks like I have to go with an attorney because from what I read PDs are worthless and not recommended. I read that the cost to fight this case could be 9000 - 25000 dollars. Does anyone know if this is true? Also will my case be treated less seriously since I was completely conscious and aware and didn't really break any laws other then DUI ( i didn't crash or do anything reckless, basically got caught by accident.) Please let me know, I have a month to prepare to this case. Appreciate it.

What are the ages of the "girls"? Leandra's Law applies if they are 15 or younger, which would make this a felony.

You were drunk, pulled over on the side of the highway. Since you did not have alcohol with you, you must have been driving drunk to get where you were - presumably more so. You cannot say that when you were driving that you were doing so safely because, as a drunk person, your judgement was affected.

So, humor me: were you pulled over on the side of the highway for a picnic?


The fact that you are making excuses would indicate that you think it was okay to drive drunk. Get the best lawyer you can afford, and do everything s/he tells you.

Although, in a way I'd prefer that you do something stupid and act in court the way you've acted here, and have the book thrown at you. I've had too many near misses on LI with your kind.

 

[Dimad]

I'm obviously at 100% fault for what happened no excuse, I was just trying to explain what happened. Didn't think I'd get such vicious response. Appreciate the help though.

 

[Zigner]

I'm obviously at 100% fault for what happened no excuse, I was just trying to explain what happened. Didn't think I'd get such vicious response. Appreciate the help though.

Who was vicious? You came on here trying to explain away this very serious matter and you were advised that your attitude sucks.

I noticed that you didn't answer about the age of the girls.

 

[Dimad]

Everyone was well of age so that's not a problem. Thanks again, I won't be talking to anyone besides a lawyer now.

 

[quincy]

I was driving back to CT from NY with two girl. Pulled over on the side of the highway. A cop pulled up behind me to see if everything was ok and said he smelled alcohol. Did the sobriety test and the whole 9 yards. I ended up being charged with DUI. I didn't speed, didn't drive recklessly, they would have never even known I was drinking if i just kept driving. Now I'm doing research on attorney vs PD, looks like I have to go with an attorney because from what I read PDs are worthless and not recommended. I read that the cost to fight this case could be 9000 - 25000 dollars. Does anyone know if this is true? Also will my case be treated less seriously since I was completely conscious and aware and didn't really break any laws other then DUI ( i didn't crash or do anything reckless, basically got caught by accident.) Please let me know, I have a month to prepare to this case. Appreciate it.

First, public defenders are attorneys who had to pass the same Bar exams that private attorneys needed to pass in order to be licensed to practice law. They often have more experience in some areas of the law than private attorneys because their caseloads tend to be substantially greater.

The major difference between public defenders and private attorneys (other than cost) is that public defenders may not have as much time to devote to any one case or client. If someone qualifies for a public defender and is weighing the benefits of going with a public defender instead of a private attorney, what should be weighed is experience, cost and amount of time available to concentrate on the facts of the case.

Attorney rates vary substantially. Some may offer a flat rate to handle a DUI and some may offer payment plans to fit a client's budget. The most expensive attorney may not be the best attorney for you.

What seems clear is that you need an attorney. The attorney will no doubt advise you to stop saying that you are 100% at fault and to stop talking to others about the DUI - especially to say nothing to the police without your attorney present.

Good luck.

 

[ALawyer]

Good Advice from Quincy

First, public defenders are attorneys who had to pass the same Bar exams that private attorneys needed to pass in order to be licensed to practice law. They often have more experience in some areas of the law than private attorneys because their caseloads tend to be substantially greater.

The major difference between public defenders and private attorneys (other than cost) is that public defenders may not have as much time to devote to any one case or client. If someone qualifies for a public defender and is weighing the benefits of going with a public defender instead of a private attorney, what should be weighed is experience, cost and amount of time available to concentrate on the facts of the case.

Attorney rates vary substantially. Some may offer a flat rate to handle a DUI and some may offer payment plans to fit a client's budget. The most expensive attorney may not be the best attorney for you.

What seems clear is that you need an attorney. The attorney will no doubt advise you to stop saying that you are 100% at fault and to stop talking to others about the DUI - especially to say nothing to the police without your attorney present.

Good luck.

There are various possible potential defenses to a DUI, and depending upon the locale, the facts (such as what your blood alcohol level was, and your prior history) a capable DUI lawyer MAY be able to work out arrangements that minimize the charges (such as having the prosecutor agree to reducing the DUI to another offense) or reduce the penalty. There can be major consequences to even one DUI and trying to handle it on your own is an almost fatal mistake. http://criminal-law.freeadvice.com/criminal-law/drunk_driving/advantages-dui-attorney.htm

 

[HighwayMan]

Since this is a legal advice forum I'll pick nits.

You were not charged with DUI - there is no such thing in New York. The charge is Driving While Intoxicated (DWI).

You're not an angel because you didn't do anything else to break the law. A misdemeanor is quite enough. As you've been told, you need an attorney.

 

[HighwayMan]

By the way, I notice the title to the thread is "First DUI in NY" - does that mean you've gotten one or more in other states? If so, that could elevate this one to a felony.

 

[quincy]

Since this is a legal advice forum I'll pick nits.

You were not charged with DUI - there is no such thing in New York. The charge is Driving While Intoxicated (DWI).

You're not an angel because you didn't do anything else to break the law. A misdemeanor is quite enough. As you've been told, you need an attorney.

Thanks for the DUI/DWI correction, HighwayMan.