1st time oui offender -- underage

[smithk]

What is the name of your state? MA

Basically I was pulled over given the standard tests, refused the breath test, and was then charged with and oui. My lawyer thinks that the case could be throw out because the cop that pulled me over watched my friend and I walk throughout town for an extended period of time. And in the police report, it is very obvious that the officer thought I was intoxicated before even getting into the car (it would seem to many people that the officer was more interested in busting me for Drunk driving as opposed to protecting the safety of me and those around me whic is VERY bad policing)....so basically my lawyer wants to file a motion to supress which would hopefully get my charges thrown out. any opinions on the latter situation?????

Also I have been doing some research about mass dui/oui charges and i think that they look like this:
First offense under the age of 21
License loss of 210 days even with 24D program
An additional license loss of 180 days, but this may be avoided by enrolling in a special underage drinking program,
If the breath test result is .20 or over, the offender aged 17-21 inclusive must take a specially designed driver alcohol treatment and rehabilitation program called the "14-day second offender in-home program."

I am 19 and a student in NYC....and I was wondering if the "motion to suppress" fell through would my schooling be interuppted by a jail sentence or are judges more forgiving to out of state students with things like Dui school and probation???

Thanks
smithk

 

[outonbail]

So your theory is that the officer was responsible for the fact that you consumed alcohol and then decided to drive a motor vehicle, because he had a hunch that you may have been intoxicated. Therefore, he should have acted upon this hunch, by assumimg you were going to climb into your car and drive, so he could have taken whatever steps were necessary, to stop you from getting behind the wheel, is this correct?

Because, unless you can prove that the officer provided you with alcohol and encouraged you to become intoxicated, then provided you with keys and a car so you would drive into the street where he could then arrested you, I think your defense is a pipe dream.
So how are you going to place the blame on the officer for your failure to take the breath test? This is the only way he would know for certain if his hunch was correct. But of course whether or not you were intoxicated doesn't matter, since refusing to take the test, even when sober, will result in the immediate loss of your driving privelages.

Did this attorney provide you with this ray of hope, just before you handed him a significant sum of money?

 

[outonbail]

I am 19 and a student in NYC....and I was wondering if the "motion to suppress" fell through would my schooling be interuppted by a jail sentence or are judges more forgiving to out of state students with things like Dui school and probation???

Yes and no.

 

[netic]

False hope

Sounds like you lawyer is giving you false hope to get you to aggree to retain him. Almost the same thing happened to me, he said he had all these ideas, and there was a good chance the case would be dismissed. Then the day of my arrangment, things suddenly changed and I was "lucky" that I was being offered the minimum. Cost me six grand to get what I would have ended up with without a lawyer. The problem is they say they can do these things, but you really have know way of knowing if they actually did what they say they would, and even then, it might not work. In arizona all that matters is the BAC level you get caught with. No matter what mistakes or violations of your rights the police made, that BAC level is all the court is interested in. Find the least expensive lawyer you can and go for the best plea bargin you can get. Good luck.

 

[smithk]

Sounds like you lawyer is giving you false hope to get you to aggree to retain him. Almost the same thing happened to me, he said he had all these ideas, and there was a good chance the case would be dismissed. Then the day of my arrangment, things suddenly changed and I was "lucky" that I was being offered the minimum. Cost me six grand to get what I would have ended up with without a lawyer. The problem is they say they can do these things, but you really have know way of knowing if they actually did what they say they would, and even then, it might not work. In arizona all that matters is the BAC level you get caught with. No matter what mistakes or violations of your rights the police made, that BAC level is all the court is interested in. Find the least expensive lawyer you can and go for the best plea bargin you can get. Good luck.

thanks for your help..if im not impeding, how did your case end?

 

[BigMistakeFl]

BigMistakeFl

My attorney made it sound like my case would be overthrown with little effort. You pay for the defense of the case up to the point of trial, in advance. Once we got closer to the actual trial, he decided their case was stronger. Nothing had really changed. Fact is, I was caught driving after drinking. My BAC was low, but it didn't matter..... I'd gotten caught.

You could be right, that the cop was more interested in busting you for DUI than protecting the public. This, however, will have no bearing on your case or the evidence entered to prosecute you. The cop's observing you walking intoxicated prior to driving can be part of the evidence used to prosecute. Your lawyer can try to supress it, but on what grounds? Keep researching and decide if you can win your case. Decide if you were guilty or not of the charge.

 

[thepenster060]

Why is it that all you drunk drivers do not want to take responsibilities for YOUR actions?
Suck it up, and pay the price. Drunk drivers do not belong on the road......period.

 

[garrula lingua]

Most Prosecutors will offer minimum terms for an early plea, but, if a suppression motion is filed, there is usu no deal on terms - Pros may add terms to minimum disposition.

 

[netic]

Got the minimum

I ended getting the minimum for my state. Could have saved the cost of the lawyer and got the same. 99 percent of the people in jail got the minimum with or with out a lawyer.
10 days work release
5k in fines
interlock device
3 mos counseling