2nd and 3rd DUI

[not2cleverRed]

Why courts want to waste time forcing people into treatment and therapy is beyond me. What I do in my personal life is not their concern as long as I don't drive. I pay for my own drinks so I don't steal from anyone and I take the train everywhere. Now the question is can a plea be withdrawn by a judge/prosecutor once it has been entered? I figure if I plea these at the same time and they can't withdraw it I might be in luck. The only goal here is to keep the job. Putting employed non violent people in jail who support themselves and pay taxes is a waste of taxpayer money. I'm even willing to give up my DL forever at this point. My attorney said it could be possible but he couldn't knowingly let me lie to the judge. That is why I need to time this right.

2 accidents and the DUIs on top of that... Sounds violent enough to me. I'm sure that if anyone was injured they'd find it to be plenty violent.

So you're taking the train... for the moment. Until, of course, you have some distance from these events, and start to think, why not drive... it's more convenient. You're perfectly functional, not like some of those sloppy drunks and bums. [Please note: I am being sarcastic.] And it's not fair to be punished for a mistake. [Yeah, I read that a lot, too.]

The thing is, everything is in the computer now. Unless someone made an error entering information for your arrests, it's going to show up at some point. At that point, having lied about it... you're toast. It is worse, legally, to lie about your record - a judge catching you in a lie is going to be less lenient than with someone who has been truthful from the start.

Finally, don't lie to your atty. I would lie to a dr before I lie to an atty.

 

[FlyingRon]

Further, you won't be able to just "move to another state and start over." I suspect there's already a block on your license, so nobody else will issue you one. Further, even if they won't extradite on a misdemeanor warrant, it doesn't mean you won't be held while they find out of anybody wants to take a road trip to come get you.

 

[Hobbes1999]

I have a passport so ID is no problem. I could care less if I never drive again

 

[Ohiogal]

What is the name of your state (only U.S. law)? Utah

So I made bad decisions and I was arrested for a 2nd and 3rd DUI within 2 months of each other. Now technically speaking I haven't been convicted of a 2nd DUI yet so my lawyer said that is why I was only charged with misdemeanors. So my biggest fear is the 3rd one being upgraded to a felony at some point? Is it wise to just plead to both as misdemeanors and hope no one notices? If the judge asks how many DUIs I have I will just lie. Now my other option is to take a position I have been offered by my company in another state and forget the whole thing. I have already written off driving for at least 10 years as I am probably not insurable with 2 car accidents and the DUIs on top of that. I have heard many times they do not extradite for misdemeanor warrants. In fact there was a huge article about it in the USA today a couple years back. I am thinking if there is any chance this gets upgraded to felony I am best to just get a fresh start in a few state. Jail just isn't for me and I am not about to get raped. I don't really want to waste time with treatment when I already know I will just drink as soon as I legally can, nothing will change that and therapy is quite frankly a waste of time. If I can just plead to the misdemeanors around the same time and then just do community service and probation for a year I can handle that. I will just play the game and tell the people what they want to hear and get back to living my life. A felony on my record, however, cannot be afforded. I don't plan on driving anytime soon so a loss of DL means nothing to me. If I plead to the 2 DUIs as misdemeanors can they withdraw the plea and charge me with a felony? If I can't make this work I will just have to take that job in another state and avoid the cops and take public transit the rest of my life. I have a good career and can't afford to lose my job.

Saving this for someone who is willing to commit a felony. And admit to being a pathetic individual.

 

[jdbofky]

A prosecutor takes someone like this very seriously because if they screw up a case like this there could be a dead body at the end of the road. Technically there can't be a felony charge unless its the third offense within 10 years. The two outstanding should be globalized. But if they were close enough together and I was the prosecutor I'd be asking for 365 days in jail and lifetime DL revocation. Some courts would give that upon conviction, some would not. But that would be on the judge, not me.

Anyone (who drinks) can possibly make a mistake. By the 2nd DUI there's a strong likelihood that we're dealing with an alcoholic. By the 3rd its almost a certainty because getting a DUI is so painful that only someone hopelessly addicted would sign up for that kind of misery. Failing to be truthful with one's self is a classic symptom of addiction.

BTW, putting you in jail is not a waste of taxpayer money. It protects the community for the time you are in jail, and perhaps significant jail time might even get your attention, convince you you've hit bottom, and motivate you to change. Only a good hard kick to the ass will do that. Slaps on the wrist are meaningless to an addict who will keep going until he decides to stop, kills himself, or someone else. Jails, institutions, and death - that's the path.

 

[Viperwiseguy]

A prosecutor takes someone like this very seriously because if they screw up a case like this there could be a dead body at the end of the road. Technically there can't be a felony charge unless its the third offense within 10 years. The two outstanding should be globalized. But if they were close enough together and I was the prosecutor I'd be asking for 365 days in jail and lifetime DL revocation. Some courts would give that upon conviction, some would not. But that would be on the judge, not me.

Anyone (who drinks) can possibly make a mistake. By the 2nd DUI there's a strong likelihood that we're dealing with an alcoholic. By the 3rd its almost a certainty because getting a DUI is so painful that only someone hopelessly addicted would sign up for that kind of misery. Failing to be truthful with one's self is a classic symptom of addiction.

BTW, putting you in jail is not a waste of taxpayer money. It protects the community for the time you are in jail, and perhaps significant jail time might even get your attention, convince you you've hit bottom, and motivate you to change. Only a good hard kick to the ass will do that. Slaps on the wrist are meaningless to an addict who will keep going until he decides to stop, kills himself, or someone else. Jails, institutions, and death - that's the path.

That is harsh and its clear you don't know how addict minds work. They don't think like normal people. Putting him in jail for a year won't do anything expect protect the community for 365 days. When he get out he will do the same thing because he is a ADDICT. Addicts brain don't think normally

People need intensive treatment to stop the diseases only then can they think clearly.

IF I was the prosecutor I would have him enter a intensive treatment center with heavy probation ad jail time hanging over his head

People that get 3 duo's are addicts and addicts mind don't think right like other people

Now there are some people who get more then 3 that keep getting due;s over and over and those people are low . Most with treatment will get it together after 3rd /4th dui as long as treatment is in plan and lifetime treatment

Jailtime doesn't solve anything, treatment, knowledge and education does when it come to alcohol addicts. They have to retrain their brain

 

[Zigner]

That is harsh and its clear you don't know how addict minds work. They don't think like normal people. Putting him in jail for a year won't do anything expect protect the community for 365 days.

EXACTLY.
That's a full year that the community won't be threatened by his behavior.

When he get out he will do the same thing because he is a ADDICT. Addicts brain don't think normally

People need intensive treatment to stop the diseases only then can they think clearly.

IF I was the prosecutor I would have him enter a intensive treatment center with heavy probation ad jail time hanging over his head

But wait, you just said an addict's mind works differently and that the threat of jail won't work.

People that get 3 duo's are addicts and addicts mind don't think right like other people

Now there are some people who get more then 3 that keep getting due;s over and over and those people are low . Most with treatment will get it together after 3rd /4th dui as long as treatment is in plan and lifetime treatment

Jailtime doesn't solve anything, treatment, knowledge and education does when it come to alcohol addicts. They have to retrain their brain

Yes, it DOES solve something...it solves the danger to the community for however long the person is in jail (as you so clearly explained above.)

 

[Hobbes1999]

Sending people to rape school solves nothing

 

[Zigner]

Sending people to rape school solves nothing

Why is it society's job to solve your problems?

 

[not2cleverRed]

Sending people to rape school solves nothing

Well, while you're in prison, you won't be doing drunken stupid things that endanger me, my child, or anyone else not in prison.

If you are fearful of being raped in prison, and wish to avoid prison, then perhaps sending you to prison is the only way that anyone can get your attention. Threats of fines certainly didn't work.

P.S. Calling prison "rape school" is offensive.

 

[Shadowbunny]

That is harsh and its clear you don't know how addict minds work. They don't think like normal people. Putting him in jail for a year won't do anything expect protect the community for 365 days. When he get out he will do the same thing because he is a ADDICT. Addicts brain don't think normally

People need intensive treatment to stop the diseases only then can they think clearly.

IF I was the prosecutor I would have him enter a intensive treatment center with heavy probation ad jail time hanging over his head

People that get 3 duo's are addicts and addicts mind don't think right like other people

Now there are some people who get more then 3 that keep getting due;s over and over and those people are low . Most with treatment will get it together after 3rd /4th dui as long as treatment is in plan and lifetime treatment

Jailtime doesn't solve anything, treatment, knowledge and education does when it come to alcohol addicts. They have to retrain their brain

But OP has already stated he thinks treatment is a waste of his time and has no plans to go. So what would you have society do with this particular idiot?

 

[Hobbes1999]

Well, while you're in prison, you won't be doing drunken stupid things that endanger me, my child, or anyone else not in prison.

If you are fearful of being raped in prison, and wish to avoid prison, then perhaps sending you to prison is the only way that anyone can get your attention. Threats of fines certainly didn't work.

P.S. Calling prison "rape school" is offensive.

Prison is rape school what else would you call it? People come out bitter and worse criminals than when they went in