Both of my DUI's were involved in the state of North Carolina. My first DUI was alcohol content of 0.09 and i went to court and i got unsupervised probation and had to do some community service and pay a fine. Since then i obtained the limited driving license which allowed me to drive from 6am to 10pm. I had an accident about 4 days ago at 1 am in the morning. It happened about 7 houses down from my own home as i was just arriving from getting some food. I had drunk a beverage but it was about 2 hours prior, however i still did violate the probation by driving past 10pm. I was taken to the hospital and thats where i met the cops after being there for about 40 mins. They gave me 2 citations but none show my alcohol content level. The citations do show that i drove impaired. Does anyone have any idea of what i will go through this time as far as penalties and charges etc? My plans were to join the Military after my unsupervised probation was over. Since this is my 2nd DUI within my probation, what am i looking at? 2 years probation? and some jail time with some fees? Also, am i allowed to re obtain another limited drivers license again? If i go to court and tell that i was to join the military will that help reduce my probation at all? I am fine doing my jail time and paying my fees, i made the decision to drive drunk even though i thought i was ok, and till this day not sure how i got into the accident. I ended hitting a tree, no damages to anyone else property but my own. Is there anything i can do in court that will reduce my probation time so that i can move on with this and better my life and join the military? Also the time between my first dui and 2nd dui are as follows... jan 11 2017 but convicted about 3 months prior from that 1st dui and then my accident which happened about 4 days ago. Thanks in advance.
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2nd dui NC
- Thread starter anon77
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FlyingRon
Senior Member
First off, I recommend you get serious help for your substance abuse problem.
Second, you need a lawyer.
Understand that you are facing a double whammy here. Your probation on the original charge is likely to be revoked. You'll get that conviction and resentencing. Plus you are going to get tried and sentenced for the second offenses. This second offense is going to be considered "grossly aggravated" because of your prior. Judges are illdisposed to leniency when people slap them in their face by getting a DUI after having been given leniency the first time around.
You should expect to spend at least a week in jail, more probation, and it's unlikely you're going to be driving for a while.
Second, you need a lawyer.
Understand that you are facing a double whammy here. Your probation on the original charge is likely to be revoked. You'll get that conviction and resentencing. Plus you are going to get tried and sentenced for the second offenses. This second offense is going to be considered "grossly aggravated" because of your prior. Judges are illdisposed to leniency when people slap them in their face by getting a DUI after having been given leniency the first time around.
You should expect to spend at least a week in jail, more probation, and it's unlikely you're going to be driving for a while.
Thank you for your time/advice. I rarely drink to be honest, ive been super unlucky. What happens if i plead guilty? I feel like i should be punished for what ive done. I am a grown man, i dont feel right having a lawyer or public defender lie or say things to try to reduce my penalties for the choices that i made. I just want to do my time and face my consequences so that i can join the military after its all over.
FlyingRon
Senior Member
You are deluded. You need professional help. At least twice in recent memory you've consumed a substance which resulted in dramatically adverse impact on your life. This is the official definition of a substance abuse problem.
A lawyer is one of the professionals you need. You're in serious trouble. If you are indigent, ask for a public defender. If you are not, pay for a lawyer.
I've got some bad news to you, there's not a chance in hell you're getting into the military. First off, you have to be free of any probation or other sanctions before they can consider you. Second, with two criminal convictions you are iNELIGIBLE unless you get a waiver. It's extremely unlikely you will get a waiver for two reasons. First, the standing military is overstrength so they are disinclined to issue waivers at all right now. Second, your demonstration of a persistant substance abuse problem is exactly the kind of people they don't want and will not issue waivers to allow.
Zigner
Senior Member, Non-Attorney
Wait, is your excuse something along the lines of "I rarely drink, so it should be ok for me to drive after drinking"" Honestly, that little gem you posted makes me think that every time you drink, you head out on the road.
FlyingRon
Senior Member
You are deluded. You need professional help. At least twice in recent memory you've consumed a substance which resulted in dramatically adverse impact on your life. This is the official definition of a substance abuse problem.
A lawyer is one of the professionals you need. You're in serious trouble. If you are indigent, ask for a public defender. If you are not, pay for a lawyer. There are no magic words that you can say that is going to mitigate the impact of this.
I've got some bad news to you, there's not a chance in hell you're getting into the military. First off, you have to be free of any probation or other sanctions before they can consider you. Second, with two criminal convictions you are iNELIGIBLE unless you get a waiver. It's extremely unlikely you will get a waiver for two reasons. First, the standing military is overstrength so they are disinclined to issue waivers at all right now. Second, your demonstration of a persistant substance abuse problem is exactly the kind of people they don't want and will not issue waivers to allow.
PayrollHRGuy
Senior Member
If you have gotten two DUIs you likely have a drinking problem.
As far as penalties you might want to take a look at https://www.dmv.org/nc-north-carolina/automotive-law/dui.php
And two will make it very hard to join the military.
As far as penalties you might want to take a look at https://www.dmv.org/nc-north-carolina/automotive-law/dui.php
And two will make it very hard to join the military.
how did u get that from what i said?
Well at the moment the marines are the only ones that will take me, he said i do need to finish probation and finish paying off my fines, he knows my situation thats why i wanted to know about the probation time length. I can't afford a lawyer but .tomorrow i will go talk to a public defender. Thanks for all the advice btw. Anymore is def appreciated.
FlyingRon
Senior Member
Definite is that with two criminal convictions it is absolutely required you have a waiver. That's not something your recruiter can do anything about. The only thing up in the air is whether there is any chance you'll get a waiver. My read is that your chances are slim. You'd do better to avoid getting these convictions. It may be inevitable, but perhaps a lawyer can find something.
Thank you. One last question. Is there anyway that i can move my court to another state before attending my first court date?
FlyingRon
Senior Member
Absolutely correct, he's not even getting it moved within NC to another court that actually does have jurisdiction. Change of venue is only granted in extreme circumstances where you have some prejudicial reason why you can't get a fair trial int he court you are to appear in. Just because it is inconvenient or you think you'll get a better deal elsewhere isn't going to cut it.
Further, even if it were possible to move it, you'd be subject to the exact same sanctions that you would in the court you are to appear now.
drruthless
Member
Hold on there general...
Then plead guilty.
Are you familiar with the term dealing with the wreckage of our past??
You will....
I hate to rain on your parade but somebody has to do it.
Have a plan “B”
Have you considered going to a trade school perhaps? You didn’t say how long your probation was for, just to be safe double it, with maybe the loss of your DL for a good while.
Back in my day, a Judge might be willing to consider military service instead handing out harsher sentence, however you will find that the selective services have become a lot more selective these days.
Two DUI in such short time…You may have shot your budding military career in the foot before it got started. Gone are days that almost all you had to do to get in was be able to hold a rifle and stop a bullet, (the requirements have changed a little now)
Since you claim you can’t afford an attorney start going to AA meetings and look for some old grape who is willing give you the time of day and YOU JUST SIT THERE AND LISTEN!
I can promise you, it will be a very short conversation if you start whining and making excuses.
I get the feeling you would like this all to be over so you can get on with your life,
Well then, though I don't recommend it,
plead guilty, you're pretty much dead meat anyway.
Good luck.
..___________________________
~ This to shall pass.
Then plead guilty.
Are you familiar with the term dealing with the wreckage of our past??
You will....
I hate to rain on your parade but somebody has to do it.
Have a plan “B”
Have you considered going to a trade school perhaps? You didn’t say how long your probation was for, just to be safe double it, with maybe the loss of your DL for a good while.
Back in my day, a Judge might be willing to consider military service instead handing out harsher sentence, however you will find that the selective services have become a lot more selective these days.
Two DUI in such short time…You may have shot your budding military career in the foot before it got started. Gone are days that almost all you had to do to get in was be able to hold a rifle and stop a bullet, (the requirements have changed a little now)
Since you claim you can’t afford an attorney start going to AA meetings and look for some old grape who is willing give you the time of day and YOU JUST SIT THERE AND LISTEN!
I can promise you, it will be a very short conversation if you start whining and making excuses.
I get the feeling you would like this all to be over so you can get on with your life,
Well then, though I don't recommend it,
plead guilty, you're pretty much dead meat anyway.
Good luck.
..___________________________
~ This to shall pass.
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