does radar detector helps?
Originally Posted by USMC2006s2k,Jan 22 2007, 10:37 AM
i agree, that dui/dwi is a serious crime. i aggressivley persue all dui/dwi convictions. but like any prosecuter will tell you, if the officer does his job correctly without messing up paperwork or calibration records, the officer does not need to use dirty tricks or lie in his report. but i am more than willing to help fellow s owners to get an upper hand on dirty cops who use dirty tricks.
that amount is a little inflated...dui/dwi will cost you at most 15K....usually you can get away with 10K....now i know that is not alot of money to all you s2000 owners
but to a military guy like me thats enough to not do it period you know
but to a military guy like me thats enough to not do it period you know
I would love to swap stories and share any additional tips that I might have with you all. But the biggest tip is to not drive after you have been drinking and feel a buzz. Remember, the new standard is driving under the influence, i.e. impaired by drugs or alcohol. It is has nothing to do with you being a falling down, throwing up, intolerant jerk behind the wheel. A majority of first time DUI offenders are quite surprised to learn of the impariment of just a couple of drinks will have on their coordination and mental abilities.
Both Kyushin is right on. Either take a designated driver with you or be prepared to take a cab home and if the safety of your car is of concern overnight, then call a couple of friends to help go pick it up.
Finally, everything pertaining to you and the officer when arrested for DUI is subject to challenge by attorneys. For the most part, the GCI machine calibrations are rarely off by the additional % pts necessary to determine that the machine is not operating properly, denial of due process, denial of counsel, yadayadayad.
Unless your case involves a reading of .07 or .08, the odds of winning your case are slim assuming you reading .09 or higher. I mention this for one reason, the attorney is going to ask you for a retainer amount between $1,500 and $5,000. The odds of that attorney recommending that you accept the terms of a settlement of the matter as proposed by the prosecutor is probably in the range of 90%. Therefore, I would encourage any of you who are facing these types of violations, (remember you will be cited for both DUI and for driving with a BAC of .08 plus any other violations which gave the officer probable cause to stop you to begin with. Normally most states set forth the minimum penalty for first time offenders. Those particular penalties are normally what the prosecutor will recommend to settle the case without going to trial.
WAke up! You could go to your own pre-trial disposition hearing and talk to the prosecutor all by yourself and save the money you would have otherwise given the lawyer to obtain the same conclusion. If you feel you are not comfortable with the plea bargain deal, and after having the opportunity to read the officer's report contained in the prosecutor's file, then you can always ask the judge to continue the pre-trial hearing since you have not yet been able to secure qualfied counsel. As an aside, even though many public defenders are excellent lawyers in defending against this alleged violation, i rather doubt anyone driving a S2K is going to qualify for free representation. But these public defenders also represent private clients too. So it is wise to ask the public defender attending that particular pre trial hearing what is thoughts are regarding your case.
Naturally, I only recommend going to the pre trial hearing by yourself if you believe that the circumstances surrounding your case are such that either a judge or jury (choice is up to the defendant) will find you guilty and this would be your first conviction of this type of violation. Upon acceptance of the plea bargain, you are effectively waiving all of your constitutional rights to defend yourself. So if you feel better paying a few thousnd dollars to an experienced trial attorney who winds up recommending that you accept the plea bargain, then that is an expensive option.
Remember, all of the information discussed is intended only to provide anyone reading this with a different perspective that is normally overlooked since few individuals have experience with the criminal court system. Lawers are needed to effectively defeat these types of violations. If it is your second, third, or more violation within the last 5-7 years, then you have nothing to lose to try the case except for advancng the lawyer a second retainer to try the case.
Hopefully, this factual settings discussed never become a reality for anyone of us. But it is always nice to remember a tip or two if the situation does arise. Information not otherwise available might saveone a few tousands of dollars in the future.
Stay healthy and safe and fun driving to all.
Both Kyushin is right on. Either take a designated driver with you or be prepared to take a cab home and if the safety of your car is of concern overnight, then call a couple of friends to help go pick it up.
Finally, everything pertaining to you and the officer when arrested for DUI is subject to challenge by attorneys. For the most part, the GCI machine calibrations are rarely off by the additional % pts necessary to determine that the machine is not operating properly, denial of due process, denial of counsel, yadayadayad.
Unless your case involves a reading of .07 or .08, the odds of winning your case are slim assuming you reading .09 or higher. I mention this for one reason, the attorney is going to ask you for a retainer amount between $1,500 and $5,000. The odds of that attorney recommending that you accept the terms of a settlement of the matter as proposed by the prosecutor is probably in the range of 90%. Therefore, I would encourage any of you who are facing these types of violations, (remember you will be cited for both DUI and for driving with a BAC of .08 plus any other violations which gave the officer probable cause to stop you to begin with. Normally most states set forth the minimum penalty for first time offenders. Those particular penalties are normally what the prosecutor will recommend to settle the case without going to trial.
WAke up! You could go to your own pre-trial disposition hearing and talk to the prosecutor all by yourself and save the money you would have otherwise given the lawyer to obtain the same conclusion. If you feel you are not comfortable with the plea bargain deal, and after having the opportunity to read the officer's report contained in the prosecutor's file, then you can always ask the judge to continue the pre-trial hearing since you have not yet been able to secure qualfied counsel. As an aside, even though many public defenders are excellent lawyers in defending against this alleged violation, i rather doubt anyone driving a S2K is going to qualify for free representation. But these public defenders also represent private clients too. So it is wise to ask the public defender attending that particular pre trial hearing what is thoughts are regarding your case.
Naturally, I only recommend going to the pre trial hearing by yourself if you believe that the circumstances surrounding your case are such that either a judge or jury (choice is up to the defendant) will find you guilty and this would be your first conviction of this type of violation. Upon acceptance of the plea bargain, you are effectively waiving all of your constitutional rights to defend yourself. So if you feel better paying a few thousnd dollars to an experienced trial attorney who winds up recommending that you accept the plea bargain, then that is an expensive option.
Remember, all of the information discussed is intended only to provide anyone reading this with a different perspective that is normally overlooked since few individuals have experience with the criminal court system. Lawers are needed to effectively defeat these types of violations. If it is your second, third, or more violation within the last 5-7 years, then you have nothing to lose to try the case except for advancng the lawyer a second retainer to try the case.
Hopefully, this factual settings discussed never become a reality for anyone of us. But it is always nice to remember a tip or two if the situation does arise. Information not otherwise available might saveone a few tousands of dollars in the future.
Stay healthy and safe and fun driving to all.
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