Maine OUI need advice

[betachains]

The vast majority of DUI's are cut and dry. For first-timers with no record and no-injury, and a BAC over 0.1, you get a DUI record and the standard penalties for your county/state. You broke the law, and you will pay for it.

Do you want to pay a lawyer 2-8 K to get exactly the same penalty? You are not going to spend a year in County because you didn't hire a lawyer.

I repeat, DUI's are a major source of income for 3rd tier-school lawyers, and most clients do not benefit from their services.

If you are drinking and driving, don't do it again, just take the plea and save a few thousand dollars.

 

[quincy]

The vast majority of DUI's are cut and dry. For first-timers with no record and no-injury, and a BAC over 0.1, you get a DUI record and the standard penalties for your county/state. You broke the law, and you will pay for it.

Do you want to pay a lawyer 2-8 K to get exactly the same penalty? You are not going to spend a year in County because you didn't hire a lawyer.

I repeat, DUI's are a major source of income for 3rd tier-school lawyers, and most clients do not benefit from their services.

If you are drinking and driving, don't do it again, just take the plea and save a few thousand dollars.

First, I apologize to Matt207, because neither Michigan alcohol laws nor California alcohol laws have anything to do with OUIs in Maine. In fact, it sounds as if California is unlike any other state, period, when it comes to alcohol laws and sentencing.

For betachain's reading enjoyment, however, I provide the following link from Michigan's court website:
http://courts.mi.gov/education/mji/Publications/Documents/Dist-Ct-Sentencing.pdf

We have some "hanging judges" in some counties in Michigan. If you are ticketed for an MIP, you could wind up with a misdemeanor on your record and jail time, or you could be offered diversion, with the MIP discharged and dismissed at the end of probation. In addition to all of the specific facts that present themselves in any one case, the outcome can depend on the county in which the matter is heard, the court, the judge, the prosecutor, and often on whether the defendant is unrepresented or has an attorney.

In Michigan, District Court Judges are given a lot of discretion when sentencing. They are not bound by sentencing guidelines. That is just one reason why it can be important to have an attorney when charged in Michigan with any alcohol or drug related offense.

 

[betachains]

First, I apologize to our poster, because neither Michigan laws on DUIs nor California laws on DUIs have anything to do with DUIs in Maine.

For betachain's reading enjoyment (), however, I provide the following link from Michigan's court website: http://courts.mi.gov/education/mji/Publications/Documents/Dist-Ct-Sentencing.pdf

We have some "hanging judges" in some counties in Michigan. If you are ticketed for an MIP, you could wind up with a misdemeanor on your record and jail time, or you could be offered diversion, with the MIP discharged and dismissed at the end of probation. In addition to all of the specific facts that present themselves in any one case, the outcome can depend on the county in which the matter is heard, the court, the judge, the prosecutor, and often on whether the defendant is represented or has an attorney.

In Michigan, District Court Judges are given a lot of discretion when sentencing. They are not bound by sentencing guidelines. That is just one reason why it can be important to have an attorney when charged in Michigan with any alcohol or drug related offense.

Many years ago, while living in Toronto, I went to Detroit for a weekend. Ummm....

Every judge has leeway in sentencing. I believe that a first-time DUI even in CA can get 1 year jail. That never happens. Has that ever happened in Michigan?

And why should a lawyer make the difference? Because he/she is buddy/neighbor with the prosecutor and judge? If you are saying that in Michigan sentencing is dependent on the presence of a lawyer, then I say that the system is corrupt.

 

[quincy]

Many years ago, while living in Toronto, I went to Detroit for a weekend. Ummm....

Every judge has leeway in sentencing. I believe that a first-time DUI even in CA can get 1 year jail. That never happens. Has that ever happened in Michigan?

And why should a lawyer make the difference? Because he/she is buddy/neighbor with the prosecutor and judge? If you are saying that in Michigan sentencing is dependent on the presence of a lawyer, then I say that the system is corrupt.

Yes, it has happened in Michigan.

Like I said, there is discretion in sentencing, and counties and judges vary in how they handle alcohol offenses. In some areas of Michigan, an attorney might not be as vital as in others but I know if I were, say, a teenager facing a misdemeanor charge that could, upon conviction, affect my college opportunities, financial aid, employment opportunities, insurance and loan rates, well, I guess I would rather trust my fate to an experienced attorney than try to muddle through by myself.

A lawyer makes a difference because, guess what, he knows the law - and he knows how to work the "corrupt" system to his client's advantage.

But you obviously do not like lawyers very much. I guess you are one of the reasons lawyers are often ranked near the bottom on "most respected profession" lists.

 

[Proserpina]

And why should a lawyer make the difference? Because he/she is buddy/neighbor with the prosecutor and judge? If you are saying that in Michigan sentencing is dependent on the presence of a lawyer, then I say that the system is corrupt.

It wouldn't have anything to do with an attorney knowing the law and how and when it applies....and a pro se defendant generally doesn't...would it?

An attorney knows which arguments will or won't hold water.

Your average pro se defendant doesn't have a clue.

 

[betachains]

It wouldn't have anything to do with an attorney knowing the law and how and when it applies....and a pro se defendant generally doesn't...would it?

An attorney knows which arguments will or won't hold water.

Your average pro se defendant doesn't have a clue.

I don't question that a lawyer has some knowledge above us mere laymen. My query was if a DUI plea gets a better deal because the drunk has a lawyer. I say no. And if so, why? In a plea, the drunk already admits to the DUI. Why should the presence of a lawyer decrease the penalty? It does not.

DUI's are number 1 or 2 cases in most counties. The plea deals handed out are pretty much rote. Get a lawyer or not, the penalties will be the same. Unless you are innocent and got framed by the Man: then you need a lawyer.

 

[Ohiogal]

If I were ever to be charged with a DUI with a BAC of 0.00 and no drugs on board, I wouldn't get a lawyer for the charge. But, I would get a lawyer for my subsequent suit against the police and prosecutor.

And you wouldn't get anywhere because they have IMMUNITY.

 

[Proserpina]

I don't question that a lawyer has some knowledge above us mere laymen. My query was if a DUI plea gets a better deal because the drunk has a lawyer. I say no. And if so, why? In a plea, the drunk already admits to the DUI. Why should the presence of a lawyer decrease the penalty? It does not.

DUI's are number 1 or 2 cases in most counties. The plea deals handed out are pretty much rote. Get a lawyer or not, the penalties will be the same. Unless you are innocent and got framed by the Man: then you need a lawyer.

Except that an attorney at least has a clue of where to begin negotiations. Your pro se defendant? Nawt so much.

If your theory was actually fact, every single DUI plea would end up with the same sentence no matter what - right?

Again, nawt so much.