Lisa101010
Member
What is the name of your state? Minnesota
What is the name of your state? Minnesota
I am a 27 year old white professional female. I have never been in trouble by the law or arrested for anything my entire life until 2 weekends ago when I was arrested for DWI.
I was pulled over because the license plate light on my car doesn't work. The cops asked if I'd been drinking and yes, I'd had 3 beers. I thought I would pass the field sobriety test, but I didn't even pass the field breath test. They arrested me immediately after I blew and refused to tell me what I blew. They took me to the station for the official breath test, which gave me a .08.
Then they took me to the county jail. At jail, I was told I could be released in 4 hours, as is standard procedure for alcohol-related offenses. At this point, I was NOT feeling any effects of alcohol. I was then told by another officer that I would have to post $500 bail. I was confused, as this contridicted what the other officer had told me. So, I did not know what to tell anyone I was trying to call - when could they come get me, should they bring $500, I did not know.
I was then asked for all my information from a jail clerk - including how much money I make, my address, etc. The clerk then asked if I had someone to verify my information. At this point, it was 1 a.m., and I did not see the need to bother anyone with a call from a jail clerk. I wanted to talk to people and ask for help myself. So I said no.
I was then told by another officer that had I given the name of someone to verify my information, that I would have been released without bail. But because I didn't, I had to pay bail. I explained how this was my first time in jail, and I had no way of knowing that information. I was told to sit back down in a common area with other inmates, where I could use the phone, etc.
At this point I had to use the restroom. Earlier I had been directed to a holding cell to use the rest room. I went back in there, used the toilet, then noticed there was no toilet paper. Having never been in jail, I thought maybe they just didn't have TP in jail. So, I asked the cops at the counter if that was the case. They said all I had to do was ask, and they gave me some toilet paper. So I went back to the holding cell to clean myself up, and that is when they locked the door behind me, without telling me they were doing so or giving me a warning. I should have been allowed to sit in the common area with the other inmates, where I could have used the phone. Instead I was locked up for a couple hours in the holding cell, then taken to the main jail/housing unit, placed in a cell for the night, actually, until Monday morning (I was arrested Saturday night). Fortunately I was let out for an hour on Sunday in the morning to a place where I could use a phone, and I called someone who came to let me out on $500 bail.
I think that my treatment here was much more extreme that other people who have had DWIs in my state. Most get let out after 4 hours and do not have to pay bail. Just because I had never been in jail before and didn't know the proper procedures, I had to spend the night. That's not fair!! Do you think I could use this at all in my case? Would the judge even care? Isn't the fact that I already had to spend the night in jail a testiment that I have received punishment, possibly even inappropriate punishment?
I would also like to say that I have always been responsible about drinking and driving. I stay the most sober in my group, limiting myself to only a few drinks when I go out, so we are all safe. I did not feel impaired when I was pulled over. And, I will never, ever drink anything at all and drive anymore. In fact, I think the law should be changed so that it is illegal to have any alcohol on your breath when driving, because .08 is so deceiving to most people. Would any judge consider these personal beliefs in my case?
I have been told that I could show up for my court date and plead down to careless driving on my own, since it is only a .08 and its my first offense. How often does that work?
I am also questioning as to whether or not I should file the judicial review of the revocation of my license. I heard that only 15% of people win these appeals, and they win them on an administrative techicality by the cops who arrested them. I have had an attorney review my test results and such and it does not appear they committed any violations. So, whats the point of filing this appeal? I know that it would take off the "alcohol related" if I end up with careless driving, but it doesn't sound like I have much of a chance to win.
I am a little strapped on money right now. I started a new job 3 months ago making $45,000 annually. However, before that I was poor, I even filed Chapter 7 before the law changed to rid myself of credit card debt. I moved into a new apartment with my new job and I don't have any savings. I had to pay $500 bail, $150 to get my car back, and now $700 to get my license back. My court date is Jan. 31 and I won't have much money to offer an attorney at that time, but I can afford to make payments. Does anyone work on a payment plan?
What is the name of your state? Minnesota
I am a 27 year old white professional female. I have never been in trouble by the law or arrested for anything my entire life until 2 weekends ago when I was arrested for DWI.
I was pulled over because the license plate light on my car doesn't work. The cops asked if I'd been drinking and yes, I'd had 3 beers. I thought I would pass the field sobriety test, but I didn't even pass the field breath test. They arrested me immediately after I blew and refused to tell me what I blew. They took me to the station for the official breath test, which gave me a .08.
Then they took me to the county jail. At jail, I was told I could be released in 4 hours, as is standard procedure for alcohol-related offenses. At this point, I was NOT feeling any effects of alcohol. I was then told by another officer that I would have to post $500 bail. I was confused, as this contridicted what the other officer had told me. So, I did not know what to tell anyone I was trying to call - when could they come get me, should they bring $500, I did not know.
I was then asked for all my information from a jail clerk - including how much money I make, my address, etc. The clerk then asked if I had someone to verify my information. At this point, it was 1 a.m., and I did not see the need to bother anyone with a call from a jail clerk. I wanted to talk to people and ask for help myself. So I said no.
I was then told by another officer that had I given the name of someone to verify my information, that I would have been released without bail. But because I didn't, I had to pay bail. I explained how this was my first time in jail, and I had no way of knowing that information. I was told to sit back down in a common area with other inmates, where I could use the phone, etc.
At this point I had to use the restroom. Earlier I had been directed to a holding cell to use the rest room. I went back in there, used the toilet, then noticed there was no toilet paper. Having never been in jail, I thought maybe they just didn't have TP in jail. So, I asked the cops at the counter if that was the case. They said all I had to do was ask, and they gave me some toilet paper. So I went back to the holding cell to clean myself up, and that is when they locked the door behind me, without telling me they were doing so or giving me a warning. I should have been allowed to sit in the common area with the other inmates, where I could have used the phone. Instead I was locked up for a couple hours in the holding cell, then taken to the main jail/housing unit, placed in a cell for the night, actually, until Monday morning (I was arrested Saturday night). Fortunately I was let out for an hour on Sunday in the morning to a place where I could use a phone, and I called someone who came to let me out on $500 bail.
I think that my treatment here was much more extreme that other people who have had DWIs in my state. Most get let out after 4 hours and do not have to pay bail. Just because I had never been in jail before and didn't know the proper procedures, I had to spend the night. That's not fair!! Do you think I could use this at all in my case? Would the judge even care? Isn't the fact that I already had to spend the night in jail a testiment that I have received punishment, possibly even inappropriate punishment?
I would also like to say that I have always been responsible about drinking and driving. I stay the most sober in my group, limiting myself to only a few drinks when I go out, so we are all safe. I did not feel impaired when I was pulled over. And, I will never, ever drink anything at all and drive anymore. In fact, I think the law should be changed so that it is illegal to have any alcohol on your breath when driving, because .08 is so deceiving to most people. Would any judge consider these personal beliefs in my case?
I have been told that I could show up for my court date and plead down to careless driving on my own, since it is only a .08 and its my first offense. How often does that work?
I am also questioning as to whether or not I should file the judicial review of the revocation of my license. I heard that only 15% of people win these appeals, and they win them on an administrative techicality by the cops who arrested them. I have had an attorney review my test results and such and it does not appear they committed any violations. So, whats the point of filing this appeal? I know that it would take off the "alcohol related" if I end up with careless driving, but it doesn't sound like I have much of a chance to win.
I am a little strapped on money right now. I started a new job 3 months ago making $45,000 annually. However, before that I was poor, I even filed Chapter 7 before the law changed to rid myself of credit card debt. I moved into a new apartment with my new job and I don't have any savings. I had to pay $500 bail, $150 to get my car back, and now $700 to get my license back. My court date is Jan. 31 and I won't have much money to offer an attorney at that time, but I can afford to make payments. Does anyone work on a payment plan?
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