FIRST OFFENCE- 'op. under influence of intoxicant' and 'R.D.' I aint guilty. Plz adv.

What is the name of your state?

Milwaukee, WI

Hello everyone,

Thanks for taking your time to read this post. I hope someone can advice me.

I was driving home to Milwaukee from Chicago after spending some time in a club . It was about 6.15 am. I was NOT DRUNK. I just had 4 miller lite beers during my five hour stay in the club.

Maybe, i was a little bit sleepy while driving. The cops did not catch me on their own. Some other van drivier called the cops on me as i was not sticking to the lane.

I was just doing around 55 mph on the leftmost lane.

I was fully coperating with the office and was talking to him all the time.

Officer asks me to do the 'toe' test. I PASSED.
Officer asks me to raise my leg and count. I PASSED.
Officer takes a breath analyzer test. He never told me what the reading said.

Finally, he took me to the detention center and said that I was being arrested for operating under the influence of intoxicant...!!!! I didnt believe he actually did that to me.

Anyways, I went to this office in Racine county, WI and he took the formal breath analyzer test and this is what the print out said.

BAC CONTENT = 0.06 / System Test Passed

Finally, after being held up there for three hours, my friend and his dad came to pick me up and my car. I am home now.

I have been given two citations by the officer.

1) Operating under the influence of intoxicant = $ 790.00 !!!! 6 POINTS
2) Reckless Driving = $165.00 4 POINTS

I have a mandatory court appearence on Nov. 18, 2005.

Oh, finally, while I was about to leave the detention center, the office walked me out and told me that I had passed both the tests during the sobriety test, but, when he asked me to move my eyes to his pen, he told me that my eyes were shaking a little bit..!!! Wtf????

Anyways, this is my FIRST OFFENCE. I am really not guilty.

Please advice. I am going to hire an attorney. I wonder how much that's gonna cost me. Will I be saved from this misery? I have had the worst feelings of all times after coming home and feel real bad and sad. Can you please tell me what I should do and not do?

Thanks..

Hoping to hear from someone,
Jay

All they need to prove is you were impaired.Someone called about your driving,the officers testimony and there was alcohol involved.It will probably be reduced unless there are other circumstances.You should not be,but if you are subjected to SCRAM becareful!
http://convictedinnocent.blogspot.com

marcellus91872 said:

All they need to prove is you were impaired.Someone called about your driving,the officers testimony and there was alcohol involved.It will probably be reduced unless there are other circumstances.You should not be,but if you are subjected to SCRAM becareful!
http://convictedinnocent.blogspot.com

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thanks for the reply marcellus. But, I really wasnt impaired ..not anywhere near to that!!! Look at the readings..that says it all. I am checking this forum every 10 minutes to see if some one has replied I am not able to sleep..I keep thinking about this all the time. I have never had any incidents in the past. I drive all the time and I am really responsible while driving. I was just sleep deprived. I should not have driven..but, anyways, too late for all that. What should I do now? can some one please advice me?

thanks
Jay

djay said:

thanks for the reply marcellus. But, I really wasnt impaired ..not anywhere near to that!!! Look at the readings..that says it all. I am checking this forum every 10 minutes to see if some one has replied I am not able to sleep..I keep thinking about this all the time. I have never had any incidents in the past. I drive all the time and I am really responsible while driving. I was just sleep deprived. I should not have driven..but, anyways, too late for all that. What should I do now? can some one please advice me?

thanks
Jay

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BAC CONTENT = 0.06 / System Test Passed

You were impaired big time by your own admission. In Europe, you would've gotten a year in the pokey for this. Consider yourself lucky that the USA has such lenient drunk driving laws.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

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 the ticket not go on your record, if applicable.


Here are five 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 is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

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.”)

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.

djay said:

I wonder how much that's gonna cost me.

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A bunch!!

Will I be saved from this misery?

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Probably not.

I have had the worst feelings of all times after coming home and feel real bad and sad.

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Awwwww.... poor baby!! I am so sorry to hear about your feeling 'bad and sad'. Just think how 'bad and sad' you would have felt if your weaving had pushed some family in their car off the road.... or maybe your weaving had gone into the other lane and caused a head-on collision with some mother driving her kid(s) to school!!
Clearly, whatever your excuse... you should NOT have been driving and your doing so put all of US (other drivers on the road) at risk!!

Can you please tell me what I should do and not do?

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Since you seem more interested in arguing your case here.... when it is clear to us (at least me) that you were LIKELY under the influence of SOMETHING!!

Okay, lets cut to the chase:
1) You were clearly 'under the influence' as determined by the officer.
2) You don't think you were.
3) Get an attorney and present your case to the court.

BigMistakeFl

You are going to have the cops testifying against you, and the prosecution will produce the witness who made the "bold call" alerting them that you were driving erratically. That's more than one witness. The BAC, however, is below the limit. That does not prove you were unimpaired, however. This is one for a DUI lawyer. You roll the dice on it and go for broke.

From the State Bar of Wisconsin website:

In Wisconsin, a first OWI is a civil offense with no jail time, subject to a forfeiture of $150 to $300, and a $355 surcharge.

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http://www.legalexplorer.com/legal/legal-QA.asp?PositionPoint=15&Sid=15#A1

From dui.com:

First Offender Penalties

Jail

None. An OWI/PAC first offense is considered an ordinance violation. It is not criminal and jail is not a penalty.

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http://www.dui.com/states/wisconsin/

Go to the dui.com site. It has some good information.

And talk to a lawyer.

This site is not a good place to get legal advice, as you can tell.

More inaccuracy from 'IdiotKane'.....

The FACTS for Wisconsin:

OWI/PAC FIRST OFFENSE PENALTIES
An OWI/PAC-1 is considered an ordinance violation. That is, it is not criminal and jail is not a penalty.

FORFEITURE PLUS COSTS:
No less than $150.00 and no more than $300.00. Court costs increase the range to from roughly $620.00 to a little over $800.00.

REVOCATION:
Revocation of driving privileges of no less than six months and no more than nine months. You are eligible immediately for an occupational operator’s license.

ALCOHOL ASSESSMENT AND COUNSELING:
Mandatory alcohol assessment and counseling. There are fees for the alcohol assessment and counseling. While the assessment may be uniform, the counseling may vary from individual to individual. If either the fees for the assessment and/or counseling are not paid or if the assessment or counseling are not both completed, your operating privileges in the state of Wisconsin are suspended indefinitely until there has been completion.
Source: http://drunkdrivingwarriors.com/information.htm

Also, specific county information is available at:
http://drunkdrivingwarriors.com/information.htm#countyguidelines

BigMistakeFl and Kane,

Thanks for your information. I am in the process of contacting several attorneys. One person just called me while typing this message..he wants me to pay him $6,500.00 for this case. That's just too much for me. Hopefully, I will find the right attorney who can help me.

Thanks again. Hoping to hear from some more people.

Jay

djay, call some more lawyers. You'll find some who'll help you for much less.

Kane said:

djay, call some more lawyers. You'll find some who'll help you for much less.

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I have been doing that for a while and am really getting frustrated now. They are quoting such high prices that I cannot afford

I have my court appearence date on the 18th of November Kane. I dont know what to do.

thanks for your support Kane. I hope you trust in what I said. That's the truth. The lane deviation was a result of a sleep factor and it wasnt the alcohol.

thanks anyways,
Jay

djay said:

Thanks to you both for making me feel worse than I already am. I TOLD YOU ALREADY..I wasn't drunk...!!!

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Clearly, you do not understand.
1) You were charged with UNDER INFLUENCE. You do not have to meet the legal definition of inebriated for that. Simply, your driving was of such a condition it was a hazard to others. That is why you were also charged with RECKLESS driving.
2) Clearly, from your own post, you were in NO condition to determine whether you were 'under the influence' or not. Your own post says that you had been drinking.

I guess you dont get it.

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I 'get' it just fine. Clearly, you do not.

I just came in here to seek some advice.

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And you got it. Just because you don't agree with it does NOT make in incorrect.

I dont need your sarcasm.

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You certainly need 'something'..... like maybe a dose of driver responsibility.

I have been driving a whole lot..i drove 23 hours in a stretch from Oklahoma City to Phonix, AZ..drove from Phonix, AZ to Louisville, KY...drove from KY to MD..drove in Manhattan in high traffic...MD to NC..NC to SC..SC to Milwaukee, WI.....AND I DONT HAVE ONE SCRATCH ON MY CAR.

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Gee, that is like saying you have a gun... but haven't shot anyone. Your driving like that only means you have been lucky... so far.... and has nothing to do with your 'super driving ability', only stupidity.

I wasnt drunk..I mean it.

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Who cares what you THINK?? Now you just have to convince the court.

I was just doing 55 mph on the freeway. I was a little bit sleepy...I had a very long day...I just thought of going home and sleeping...and someone called the cops on me!!

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Awwww.... poor baby. Did you 'forget' from your first post where you said: "Some other van drivier called the cops on me as i was not sticking to the lane."

Just dont send these kinds of statements to make the person feel real bad.

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And don't drive impaired (drugs, alcohol OR sleep).... doing so is a hazard to all the 'normal' drivers on the road.... when you drift into their lane!!

There was no accident involved and no injury

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Not due to anything you did. The reason there was no accident was likely due to the police stopping you before you caused one.

i would never do anything that would jeopordize the safety of myself or the fellow motorists or my car...I will never ever drive again when I am not properly rested. But, I really dont deserve a OWI and a fine of 960 dollars for this...i really dont !!

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Oh, but you do. You were driving impaired. You were driving recklessly. You were weaving out of your lane. So, what part of that is 'good driving habits'??

Do yourself a favor (or with any luck, the state will). Give up your driving PRIVILEDGE before you kill someone.

djay said:

Fine....I did a mistake !!! I acknowledge and I wont do it ever again. Why do you have to be all rude to me? I am a very fine driver...and I am NOT GONNA GIVE UP MY DRIVING PRIVILEGES. I wasnt like jumping from lane to lane...I was just going a little bit off track and then back on....NOT ONE PERSON HONKED ON ME......just stop it jetx...if u cant be of any help...JUST SHUT UP.

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Finally.... you are admitting that you are an idiot for endangering the rest of the drivers on the road.
That is the first step.

Now, you just have to learn to be responsible for your actions and conduct.

Remember... small steps... small steps...

I'm curious what they're quoting you, if you don't mind my asking.

Don't get frustrated. You've got a month before your court date, and the good news is your freedom is not at stake.

If the courts up there work like they do down here, you can get some more time if you need it, even after Nov. 18th.

Also, if you're going through the phonebook, try calling some numbers off the smaller ads. Those big ads are extremely expensive, and attorneys have to recoup the money through their fees. Find out if the Wisconsin Bar has a Lawyer Referral Service, or something similar, where you live.

Kane said:

I'm curious what they're quoting you, if you don't mind my asking.

Don't get frustrated. You've got a month before your court date, and the good news is your freedom is not at stake.

If the courts up there work like they do down here, you can get some more time if you need it, even after Nov. 18th.

Also, if you're going through the phonebook, try calling some numbers off the smaller ads. Those big ads are extremely expensive, and attorneys have to recoup the money through their fees. Find out if the Wisconsin Bar has a Lawyer Referral Service, or something similar, where you live.

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Kane..

They are just quoting too much...anywhere between 3000 to 6000 dollars. It's just way too expensive. But, I really dont want this thing to remain in my history. It's gonna have too many aftereffects. I am just trying to contact everyone Kane. I dont know if I'll be successful in reducing this offense to a much lesser offense. I am just praying to god and calling people. I'll keep you updated. Thanks again Kane.

Jay