FIRST OFFENCE- 'op. under influence of intoxicant' and 'R.D.' I aint guilty. Plz adv.

[JETX]

I guess you are really mad at me. I am sorry if I have offended you in anyway. I didnt mean to. I am just totally upset over this thing for two days. I dont know how much this is going to affect my insurance rates and also, I dont know how much its gonna cost me for the lawyer. I havent had much success till now in finding one. Please do forgive me and please stop scolding me.

Jay, I am not 'mad' at you. However, I am frustrated that you do not see the danger that you created when you made the decision to drive... tired, drunk, stoned, or whatever. One of the indications that you have a problem is your refusal to accept it.

Back when I was a police officer, I used to have to shovel young kids and family's off the roadway... usually because some idiot made the assumption that he was okay to drive... no problem.. I have done it dozens of times. It only takes ONE time for you to learn your lesson the hard way.... either by being crippled or killed yourself.... or even worse, doing so to someone else or your friends who stupidly were riding with you.
Do you realize the damage that happens when two cars are going 55 mph and are involved in a headon collision??? I do. I have seen it. I have seen little babies literally LAUNCHED through the windshield. Everything in the cars becomes little missles. And yes, I have seen a baby bottle break a mothers neck when it hit the back of her head!!! And yes, I have seen young fathers who have been impaled with the steering column. Do you realize the damage that a radio volume knob can do to a kneecap when you fly into it??
Yep. I have seen all of those and worse.... to children, teenagers, young adults and even older adults. And guess what.... most of those EXTREMELY serious accidents I describe...... were caused when one driver drifted over into the other lane.

So yes, I do get mighty damn emotional about this!! You would to if you had seen what I, and most other police officers, have seen!!

Do yourself (and the rest of the drivers) a favor and learn from this. You are NOT Superman.... nor are you an excellent driver... when you make mistakes like this.

 

[JETX]

They are just quoting too much...anywhere between 3000 to 6000 dollars. It's just way too expensive.

And do you know why it is so expensive??

It is because these are EXTREMELY serious charges that are NOT going to go away.... easily.... or more likely not at all.
Just another 'penalty' for deciding to drive in that 'condition' (no matter what the cause).

 

[djay]

JetX..

sorry

 

[BigMistakeFl]

BigMistakeFl

My lawyer charged me 3 grand, and it was a waste. But I chose poorly. He was a former prosecutor, and "knew people" at the state attorney's office. He did not, however, know the young prosecutor that handled my case. Fresh out of law school, that's often the prosecutors that handle misdemenor cases. And they are hungry and want convictions more than some defense lawyers (who get their fees up front from people like us) want to win. Not saying all lawyers are bad, just very busy and care as much as they can. You need to have a very strong case to take on the state for DUI defense.

Funny, I considered it a "mistake" myself, thus my nickname. It was actually a big bad "decision" to drive after drinking. I keep the nickname for chuckles.

 

[seniorjudge]

JetX..

sorry

Jay, you are a typical alcoholic who is in denial.

You want blame EVERYTHING but that dope going into your body.

JETX and I fuss at each other a lot, but here, he is 1000% right on.

That's like a pronouncement from Mount Sinai, Jay.

Pay attention.

 

[Kane]

Jay, Wisconsin is much more lenient than Texas.

Here, the punishment range for a DWI-1st is 3-180 days, and up to a $2000 fine. That's exclusive of collateral consequence, such as DL suspensions and the new DPS "surcharge" of $1000/yr for three years.

I'm just saying is, I was surprised at how lenient WI is, after I saw the statute.

Here most attorneys charge from $1500-$3000 for a first DWI (with some charging either more or less, of course.) Either you need to call more attorneys, or I need to move to Milwaukee. (j/k-it's too cold there)

 

[JETX]

Jay, Wisconsin is much more lenient than Texas.

Are you really that brain dead???
Where the hell did Texas get into this???

Here, the punishment range for a DWI-1st is 3-180 days, and up to a $2000 fine. That's exclusive of collateral consequence, such as DL suspensions and the new DPS "surcharge" of $1000/yr for three years.

And as fully expected... you are wrong here also. If you want to know the FACTS about Wisconsin... go to the site I provided in my earlier post. And since you are clearly brain-dead.... and probably can't read an existing post, I will repeat it for you here.... with a real nice link to the site:
http://drunkdrivingwarriors.com/information.htm

You can also read the information at page Q-2 and Q-3 at: http://www.legis.state.wi.us/lc/2_PUBLICATIONS/Briefing Book 2004/Transportation/transportation.pdf

 

[djay]

no success so far

The least priced quote that I have received so far is $ 2,500.00

Now, after seeing BigMistake's reply, I don't know what to do?

bca 0.06 and passed 2 out of the 3 field tests....is this a strong enough case?

Can someone tell me what will happen to me if I lose this case?

What is the success rate of the cases typical to mine?

Can I just go to the court and defend myself without an attorney? Will they even listen to what I have to say?

i'm just disspointed..angry...sad....damn.....what am i supposed to do ??

 

[Kane]

I don't know if you get a public defender or court-appointed lawyer for a no-jail-time offense in Wisconsin. If not, you'll have to hire a lawyer, or handle it on your own. (Usually you're entitled to a lawyer only if you're facing jail.)

Like I said, the good news is you're not facing jail time. Also, you said you blew .06. That doesn't automatically mean you'll win, but it certainly helps. Look at the links I provided already. Go to the court that's listed on your citation before your court date, and watch what goes on.

It sounds like to me you have a good case, but it's not up to me to decide. A lot will depend on what you look like on the videotape - if there is one. Dress professionally, speak respectfully, and think about what you want to say ahead of time.

 

[djay]

hi Kane,

I hired an attorney today. I havent paid him but I have given him the documents and he has given me the copies.

He told me that he's going to charge me $ 750 upfront and if in case, the case goes to trial, then, he would be charging me $ 200 every hour. He also told me that he had won 16 of the past 18 DUI cases that he owned.

I hope he will help me. I'm losing my sleep and apetite thinking about this and it's outcomes all the time.

I dont want my license to be revoked for 6 months and I dont want my insurance rates to shoot up. I am not a rich guy. I just hope the court knows what the truth is and maybe, just lessen it to a lane deviation offence and not a DUI.

Jay

 

[Kane]

Good luck. Ask him all the questions you have, and see if he can obtain a videotape and let you watch it with him.

 

[djay]

Good luck. Ask him all the questions you have, and see if he can obtain a videotape and let you watch it with him.

Kane, I have an appointment with the attorney next tuesday. I will put forward this question to him.

thanks
Jay

 

[crackabee]

I live in texas, where there is a zero tolerance for drunk drivers. If you want the truth, intox really begins on your first drink. If you were already tired before you began to drink anything, then you are putting not only yourself , but other fellow drivers at risk for your "simple slip ups". Alcohol is a depressant, and would only increase your fatigue not to mention you reaction time. I am not trying to be mean here, but you have to look at it this way. People react to alcohol in different ways. Honey if you were even toodling over just a bit, that is just not normal/safe driving behavior. You have to take responsibility for your actions. You got lucky that you didnt hurt anyone, including yourself. I know that you must be scared of what will happen, but you were in fact drinking, and you must face the music. People all too many times underestimate the effects of alcohol, but when you are operating a motor vehicle, under the influence, you had a choice. and you just made a very bad one. you can never justify driving after drinking, its just two things that obviously dont mix. Please use your experience to educate others and all the negative consequences that come along with it.

I wish you all the best of luck in the future.

 

[djay]

I live in texas, where there is a zero tolerance for drunk drivers. If you want the truth, intox really begins on your first drink. If you were already tired before you began to drink anything, then you are putting not only yourself , but other fellow drivers at risk for your "simple slip ups". Alcohol is a depressant, and would only increase your fatigue not to mention you reaction time. I am not trying to be mean here, but you have to look at it this way. People react to alcohol in different ways. Honey if you were even toodling over just a bit, that is just not normal/safe driving behavior. You have to take responsibility for your actions. You got lucky that you didnt hurt anyone, including yourself. I know that you must be scared of what will happen, but you were in fact drinking, and you must face the music. People all too many times underestimate the effects of alcohol, but when you are operating a motor vehicle, under the influence, you had a choice. and you just made a very bad one. you can never justify driving after drinking, its just two things that obviously dont mix. Please use your experience to educate others and all the negative consequences that come along with it.

I wish you all the best of luck in the future.

Goddd !!! Haven't u for once felt very sleepy when you go on a very long drive?? I just was sleepy...NOT DRUNK!!! These are two different things. Why didnt one person honk on me if I was infact lane deviating to the extent that it would harm others or myself??? NOT ONE DID.....I was very stable and in total control of myself when I was subjected to the sobriety tests. I held my right foot up high and counted without moving a muscle and without slipping on any number. I walked PERFECTLY STRAIGHT on the walk and turn test. THE DEPUTY OFFICER KNEW IT....Why didnt he tell me the result of the breathalizer result on the field??? He never told me anything when he put those cuffs on my hand. I asked him the reason for his doing so and do you know what he said.....


Because I say so !!!!!


These were his exact words. When I went to the detention center, he told me that I will have to take a formal breath test on that flat machine. I KNEW I WAS NOT DRUNK and blew as hard as possible into that tube. The result came out as 0.06!! And guess what he tells me??

Well, the system says you passed but you know, ur alcohol level is coming down now....and after all this....he reads me those horrifying lines !!!! I STILL DONT BELIEVE HE DID THAT TO ME......

fine....I'm guilty of little bit of lane deviation due to my sleep. But, I'm telling you the truth, I was on the leftmost lane and was deviating to the left of that lane, which would mean that I wasnt coming over to the right where other vehicles were passing by...get it??? I anyway deserve a penalty for that..but, First Offence OWI + Reckless driving (Lane deviation)...$960 fine and 10 points?? jeez...gimme a break.....!!!

And then when my friend picks me up, this guy walks me out and tells me, 'sir, I dont have anything personal against you. I didnt mean to be rude to you.'

I just asked him one question, 'Sir, do you really think I was drunk?'

He replies, 'Well, it wasnt as bad as what I've seen. You actually passed on three tests, viz., Walk and turn, raise the foot and count test, but, I wasnt happy with your eye test' He was just trying to justify his actions which is understandable....but, this wasn't fair.

He then shakes hands with me and my friend, my friend's dad drove my car and I came home in my friend's car. These days until the first appearence date are gonna be the longest in my life!! It could have such worse consequences for one dumb judgement of that deputy officer. I dont know what the court would think about my case and I dont know if they'll know the truth.....huh....

I would'nt whine this much if I was in fact guilty like you all think I am.....BUT I AM NOT!!!!!

I didnt have one shot or any type of hard liquor....I had 4 miller lite beers in a period of 4 hours. cuz I knew I had to drive..and was dancing all this time and sweating hard...(do the math!!) Can I get drunk?? I was just SLEEPY !!!!!

I am not trying to say that I was right......but, a DUI...a big NO..NO...NOOOO!!!

rgds
djay

 

[djay]

Update

hello all,

Finally...I had my court session on the second of december.

GOOD NEWS:

The court dismissed the drunk driving charges. They didn't dismiss the lane deviation charge though..

Anyways...I AM JUST SO RELIEVED.

I just thought of updating this thread and let everyone know what happened.

*phew*

thanks to all the people for their advice,

regards
djay