DUI/refusal in Mississippi...question.

[cheex090]

What is the name of your state? Mississippi.

So basically I got pulled over and (apparently) refused to take any kind of test. To be honest, I do not remember a single moment of the incident. I'm half convinced I was drugged in some fashion, because I hadn't had all that much to drink. Additionally, I never black out when I drink...except for this given night. Anyway, regardless, I refused to take the test and was taken to jail for the night, & released in the morning. It's also my first DUI. I'm aware that I'll autmatically lose my license for 90 days for the refusal, and most likely an additional amount of time for the DUI itsself. My question is, is it really worth it for me to hire an attorney? I met with one a couple of days ago, but I don't have much for him to work with seeing as I don't remember anything at all. I have some connections with another local police department, and his advice was to get everyone and anyone I know to call the arresting officer up to convince him to drop the charge. Um? I don't need to hire an attorney to do that. He said that would be my best option, the second being to possibly get them to drop the refusal so my license would only be suspended for 90 days with the option of a hardship license, but he also informed me that the hardship license has become more difficult to obtain. Essentially he entered a not guilty plea to suspend my court date...

I've discussed my options with several people, and I personally think I'd be better off going the guilty route, paying my fine of 250-1000, and losing the license. VERSUS paying all of this plus 1500-2500 for a lawyer. (he told me he typically charges 2500 but is willing to work with me.) I just don't see what good an attorney is at this point...

advice?

 

[elmuchoprez]

I have some connections with another local police department, and his advice was to get everyone and anyone I know to call the arresting officer up to convince him to drop the charge.

That is ridiculous advice. If I'm reading this correctly, you were so stone drunk that you don't remember anything at all and now you're going to get your friends and family to harass the cop into dropping the charge? The arresting officer's role in this matter is essentially closed, and any contact you have with him/her should be limited to the inside of the courtroom or some other official channel.

I'm not trying to be harsh or anything; I just really think you'll cause yourself more trouble if you try this plan...

 

[cheex090]

Believe me, I thought it was ridiculous advice as well. Thus I didn't follow it... but what I'm getting at here is that the attorney seems essentially worthless in the situation, yes? I have nothing at all to go on in fighting it, I was beligerent as all hell and obviously never should have been driving... I'd rather just accept fault and take responsibility... instead of paying an attorney to delay delay delay for the same end result.

 

[BigMistakeFl]

BigMistakeFl

You need to look at the potential range of penalties you may face if convicted. You might get minimum penalties if you go it alone, you could get more. You won't know that until you get to that point. So you have to decide if you want to go before the court alone in a world you don't understand.

 

[cheex090]

You need to look at the potential range of penalties you may face if convicted. You might get minimum penalties if you go it alone, you could get more. You won't know that until you get to that point. So you have to decide if you want to go before the court alone in a world you don't understand.

I think my biggest concern is being able to drop the refusal...so I'll have a better chance at getting a hardship license, and hopefully just lose my license for 90 days. Is that possibility worth the $1,800 for an attorney? I'm not sure at this point...not sure what to do.

 

[JIMinCA]

What was your BAC???

 

[cheex090]

Unfortunately I never took the test...I refused. However, I also don't remember refusing or WHY I would choose to do so. I was just completely intoxicated. I don't even remember refusing the test, OR being informed of the consequences of doing so. OR going to jail, etc etc etc.

In MS refusal is apparently...an automatic 90 day license suspension. Regardless. But once found guilty of the DUI, I'll most likely end up tacking more time on top of that.

I suppose my goal at the moment is to have my attorney drop the refusal...but if he doesn't think there's a good chance of that happening I think I may choose not to hire him and take my chances?

 

[BigMistakeFl]

BigMistakeFl

I was able to obtain a "hardship" license, even though I tested but was technically called a refusal because I only blew once. (Like many, I didn't know DUI laws and the system or what my rights were until it was too late) It may vary from state to state, but the DMV has criteria which have to be met in order to give you the license. Refusal was not among them in my state. Proving need and agreeing to the restrictions were more important.

 

[cheex090]

Hm. I'm really hoping that I'll be able to get the hardship. In Mississippi, a refusal means you can't...which I really don't understand. I feel like the whole situation is such a catch 22. I know I'm responsible and 100% in the wrong, but how do they expect you to keep your job IN ORDER to pay your fines, etc...if they're restricting you from driving? I find it ridiculous that there should be anything preventing me from getting a hardship license...when there's no form of public transportation, and none of my family lives in the area to assist...what are you expected to do? Drive illegally?

 

[BigMistakeFl]

BigMistakeFl

The "fines, etc" are not technically meant to be a form of generating income, they are intended to be penalties. We are punished for having chosen to break the law.