Can I get police report before court day ?

[usps]

But, antabuse or not, you should not have been drinking. I doubt that you will get much headway relying on a defense that claims that the antabuse should have prevented you from drinking too much.

You really need the assistance of defense counsel.

The judge's sentencing would be limited. Since jail time is unlikely, and a first offense generally has a prescribed sentence, it would not likely have any real impact. If there is a potential for mitigation, your attorney might know how to best apply it.

I was thinking of requesting a public defender at the arreignment. Considering all the details I mentioned in this thread and my other DUI thread, do you think a public defender, who is not paid by me, would care enough to get me a preferential deal ?

If not, I'm just going to plead guilty on day of arreignment and not even mention the Antabuse. I don't want to prolong this if it's not worth it. thanks

 

[CdwJava]

I was thinking of requesting a public defender at the arreignment. Considering all the details I mentioned in this thread and my other DUI thread, do you think a public defender, who is not paid by me, would care enough to get me a preferential deal ?

If not, I'm just going to plead guilty on day of arreignment and not even mention the Antabuse.

Like with any attorney, the abilities of public defenders vary. Most are contracted private attorneys so you could be getting a private attorney on the cheap that might normally charge $200+ per hour for the same services you will e getting for a fraction of that (yes, if convicted, you generally have to pay something back for the cost of the appointed counsel).

I would not march in and plead guilty to anything without advice of counsel. A public defender should be able to get you a deal. They know the local players, they know the courts, and they know how to play the local game. If you want to make a big fight of it, paying a specially trained DUI attorney would be ideal. But, if you just want to work out the best possible deal - perhaps to a lesser charge such as a "wet reckless" (CVC 23103.5) then the public defender should do you just fine.

 

[usps]

(yes, if convicted, you generally have to pay something back for the cost of the appointed counsel).

Well, if I get a public defender I doubt I'll get off without at least SOME kind of sentence, because I don't plan on pleading innocent...that's for sure.

So when you say "convicted", which I will be whether the charge is reduced or not, I will have to pay something to the public defender ? That's fine with me, I'm just trying to understand what you're saying.

I think that's the last of my questions. You guys have been super helpful. Much appreciated.

 

[CdwJava]

Well, if I get a public defender I doubt I'll get off without at least SOME kind of sentence, because I don't plan on pleading innocent...that's for sure.

So when you say "convicted", which I will be whether the charge is reduced or not, I will have to pay something to the public defender ? That's fine with me, I'm just trying to understand what you're saying.

I think that's the last of my questions. You guys have been super helpful. Much appreciated.

Yes, you will more than likely have to pay something. I do not know whether payment of some kind for court appointed counsel is mandatory statewide, or if it is merely something that courts and/or counties are permitted to do. So, I will say you will probably have to pay it back, but cannot say that you WILL have to pay it back.

 

[usps]

thanks

Ok, one more question


I was just reading about "wet reckless" since you suggested I might be able to get the DUI charged reduced to that. Since the police did not draw my blood or take my breath test, thus having no idea of the amount of alcohol in my system, a wet reckless could likely be something that I could get ?

From what I've read, a wet reckless is what you can get if the measured alcohol content is below the legal limit, which implies that the court needs some kind of reference as to how much alcohol was in my system...but like I said they didn't get that from me, so could I still qualify for a wet reckless ? Should I specifically ask the public defender if I could get that option... Or should I just wait and see what the defenders want to do ?

 

[CdwJava]

thanks

Ok, one more question


I was just reading about "wet reckless" since you suggested I might be able to get the DUI charged reduced to that. Since the police did not draw my blood or take my breath test, thus having no idea of the amount of alcohol in my system, a wet reckless could likely be something that I could get ?

It depends upon the charging practices of your DA. In my county they used to offer that like candy. Our current DA sticks to his guns. Yours might hold to a different standard.

From what I've read, a wet reckless is what you can get if the measured alcohol content is below the legal limit, which implies that the court needs some kind of reference as to how much alcohol was in my system...but like I said they didn't get that from me, so could I still qualify for a wet reckless ?

That's up to the DA. Heck, they might even offer a straight reckless as 23103. They usually go for the "wet" because it can be used as a prior for future DUIs and will also tend to get you into counseling.

Should I specifically ask the public defender if I could get that option... Or should I just wait and see what the defenders want to do ?

You should ask him what all of your available options are.

 

[usps]

If I opted to speak with a public defender, would I get to do that on my day of arreignment and make my plea the same day?

 

[CdwJava]

If I opted to speak with a public defender, would I get to do that on my day of arreignment and make my plea the same day?

Possibly. It depends on court practice. I have seen it done that way, and I have seen arraignment continued in order to consult with counsel. Practices vary by court.

 

[usps]

thanks again