1st DUI of the Highest Rate & Careless Driving charge... advice?

[answerme]

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

I recently just received my police criminal complaint about my DUI charges. It says my BAC levels were .224 even though I blew a .16 at the scene. The officer said I was visibly drunk and that the reason she pulled me over was because I was crossing the yellow lines but ultimately because I cut off her cruiser that I "nearly" hit the front of. I'm assuming that is the "Careless driving". Now I understand the different degrees of DUI, mine being the highest, but how can I suspect my punishment? I have heard of a few stories of people getting unsupervised probation and I know the county I am in does it.

When I was 18 I received a possession of Marijuana and paraphernalia charge. I was on ARD and 5 days before I was done with it I was caught with underage drinking. So I went back to court for the original charges and had a plea deal of just the paraphernalia charges to remain and had to pay a 400$ fine. Also when I was 16 I received a possession of alcohol charge.

So my questions are:

• Is paying for an attorney going to help more then using my public defendant?
• Does almost hitting her car (because she is a cop) make punishment more severe?
• What is the likelihood of jail time?
• How much does my prior record affect the outcome?
• Does the fact that my prior record that happened in a different county change anything?
• How much is usual cost for all of this?
• What can I do NOW so that a judge might go 'easy' on me?
• Is there any chance that I could get the charges lowered?

Thanks for whoever can help me. I regret what I did but now I'm terrified of what might happen.

 

[Zigner]

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

I recently just received my police criminal complaint about my DUI charges. It says my BAC levels were .224 even though I blew a .16 at the scene. The officer said I was visibly drunk and that the reason she pulled me over was because I was crossing the yellow lines but ultimately because I cut off her cruiser that I "nearly" hit the front of. I'm assuming that is the "Careless driving". Now I understand the different degrees of DUI, mine being the highest, but how can I suspect my punishment? I have heard of a few stories of people getting unsupervised probation and I know the county I am in does it.

When I was 18 I received a possession of Marijuana and paraphernalia charge. I was on ARD and 5 days before I was done with it I was caught with underage drinking. So I went back to court for the original charges and had a plea deal of just the paraphernalia charges to remain and had to pay a 400$ fine. Also when I was 16 I received a possession of alcohol charge.

So my questions are:

• Is paying for an attorney going to help more then using my public defendant?
• Does almost hitting her car (because she is a cop) make punishment more severe?
• What is the likelihood of jail time?
• How much does my prior record affect the outcome?
• Does the fact that my prior record that happened in a different county change anything?
• How much is usual cost for all of this?
• What can I do NOW so that a judge might go 'easy' on me?
• Is there any chance that I could get the charges lowered?

Thanks for whoever can help me. I regret what I did but now I'm terrified of what might happen.

Have you ever sought help for your substance abuse problem? Perhaps jail time is appropriate...

 

[HighwayMan]

Is paying for an attorney going to help more then using my public defendant [sic]?

If you can pay for an attorney you will not qualify for a public defender.

Does almost hitting her car (because she is a cop) make punishment more severe?

No, but it certainly gives the state more ammunition against you. The officer has an additional action of yours that she observed which adds to the case against you.

Does the fact that my prior record that happened in a different county change anything?

No, what difference does it make what county you committed crimes in? Your record is your record.

Sounds like you need more than just legal help.

 

[LordofBooks]

There is a general belief that a paid attorney will be better than a public defender, however, this is largely a misnomer. Public defenders are perfectly capable lawyers and are still bound by the same ethical rules as every other lawyer. The only difference comes in terms of case load and accessibility. Typically, public defenders are much harder to reach regarding your case. However, in many cases, public defenders have better relationships with the prosecutors and court staff since they always appear and work with the same people. But the choice is really up to you. Though if I were you, I'd go with a PD for your offense since it's not a severe felony like murder.

As far as your previous criminal record, it would likely still be considered regardless of what county you committed the offense. However, whether or not it actually will be taken into consideration depends on whether the statute you were charged with violation provides for it. In most cases, especially driving offenses, they do.

 

[dave33]

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



So my questions are:

• Is paying for an attorney going to help more then using my public defendant?
• Does almost hitting her car (because she is a cop) make punishment more severe?
• What is the likelihood of jail time?
• How much does my prior record affect the outcome?
• Does the fact that my prior record that happened in a different county change anything?
• How much is usual cost for all of this?
• What can I do NOW so that a judge might go 'easy' on me?
• Is there any chance that I could get the charges lowered?

Thanks for whoever can help me. I regret what I did but now I'm terrified of what might happen.

1. Sure, if you can afford an attorney that is always a good idea.

2.Well... it certainlt did not help.

3.Ask your attorney about the terms of a plea.

4.You won't know until you talk to your attorney.

5. no

6.Depends if you get a lawyer, depends what deal you work out.

7.Don't get in any more trouble.

8.Only your attorney can answer that.

goodluck.

 

[Ohiogal]

How old are you now?

 

[HighwayMan]

There is a general belief that a paid attorney will be better than a public defender, however, this is largely a misnomer.

A "misnomer" huh?