This is a reposted question in order to get a few more responses.
Please dont respond if you did previously.
I got a DUI around a week ago. I have an Appt with the best lawyer in the town I got it in. Im getting a little anxious about the possible outcomes. I am guilty of it and the evidence is fairly strong but it isnt foolproof. There was a wreck w/o any injuries. I havent yet spoke with my lawyer b/c he apparently is very good and booked for a few weeks.
I have 7 years Military(4 active marines) ,3 w/ National Guard, and my unit was just alerted for a Deployment in the next 10 months.
My question is for current or former Lawyers, District attorneys, or Police officers. Are there any type of plea bargains that I may possibly get or ask for, so my insurance and record do not suffer too badly? I am just trying to get a handle on the possible convictions and punishments.
Just to clear things up for those who are experienced and generous enough to answer... It is my first, and last DUI. I blew a .11. I was completely cooperative with the officer and did well on the field sobriety tests. My record includes some speeding tickets and a retarded 2nd degree tresspassing (pjc) that i got 10 years ago. The DUI was in NC.
trooper3316
Because DUI charges are a matter of public record, most attorneys are hesitant to make deals on drunk driving.
They are under scrutiny by organizations such as MADD, who frequently review court records for DUI arrests and sentencings. They can also be subject to complaints from other drivers, such as "How come I had to go to jail and he didn't?"
For these reasons, many states have gone to sentencing guidelines, where there is a standard penalty, usually based on your alcohol concentration.
The most common pleas I've seen would be for a reduction to reckless driving, or operating while impaired. These will not do your insurance any favors.
About your best bet is to come up with an angle that sets your case apart, so the courts can justify a reduced charge if challenged. I am not familiar with your case, but I would definately discuss this possibility with your attorney.
pootfart3
Listen son, the best thing you've said so far is that the DUI is your "first and your last." However, even though you sound truthful about it never happening again, the best solution to make sure is for you to take some kind of responsibility for your actions that fateful day/night whenever. It's possible that your lawyer can make some kind of deal to help get your sentence reduced, but you should for your own good go ahead and take the punishment whatever it is and hopefully learn from it so you won't ever find yourself in a similar or worse situation or put some innocent person in a bad situation. Good luck.........
Toodeemo
With all respect, you have the best lawyer in town and you are asking people here for advice? Listen to your lawyer. You are probably paying big jack for his or her advice. Yes, you should be anxious because a DUI with property damage is a serious offense.
Most DUI's are fairly routine in the way they are handled. I dont know the law in yor state and I really dont have the time to look it all up, but generally there is a mandatory period of time where you lose your license, there is a traffic school and/or alcohol classes (like AA), possible community service, probation, fines etc. First time offenders usually are treated the same way. In fact, in some states having a lawyer very seldom makes a difference. It's pretty much an administrative process.
Now, with property damage, the charges may be more serious than just a simple DUI in a traffic stop. You may need this attorney to keep you out of jail. There are some challenges that could be raised. Calibration of the breathalyzer, officer's experience using the machine, some others. Your lawyer will guide you through this and determine what if any defenses may be available to you.
Sometimes it's possible to get the charges dropped to a wet reckless, which means you were drinking but not DUI. Since you were .03 over the presumption, that is probably not going to happen. The fact that you are being deployed MAY help you to some extent if you catch a DA who is sympathetic, but in most jurisdictions there is zero tolerence for cutting deals.
Your insurance is going to take a hit. A big one. Nothing you can do about that. But youre biggest problem is going to be how the military treats you on conviction. I've read here that it's grounds for an instant dishonorable discharge. I dont know that for a fact, but some have posted that here. Again, you need to talk to your attorney to find out.
Anyway, good luck. I'm not going to judge you on this. People make mistakes. Sounds like you learned your lesson. And that in reality is what is supposed to happen.
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Orignal From: Police Officers/ Lawyers/ District Attorneys help me w/ a DUI... Please?
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