Jump to content

Anybody have any experiences with DUI's? Advice?


mike moriarty

Recommended Posts

  • Replies 407
  • Created
  • Last Reply
  • Members

Best case scenario, you get some kinda suspended sentence/ plea deal, it doesn't get any better after that.

You can use public transit to get to work, or carpool rides with friends, there is life after driving.

What you definetly DON'T want to do is drive on a suspended license, sure way to go to jail for a while.

Link to comment
Share on other sites

  • Members

That is not an arrest-able offense. A fine at the most.

 

 

Texting while driving is non-arrestable, but because you swerved it becomes dangerous driving, or at the very least driving without due care and attention.

 

 

I don't think you're being straight with us about what happened, and what led up to it.

 

I think that 2 failed sobriety tests and refusal of a breathalyser test is more than enough to get you convicted, particularly when you were abusive to the arresting officers.

 

You can try lawyering up and see if you can fight it, but if it's as obvious to a jury as it is to us that you're not telling the whole story then I wouldn't say you'll get very far.

Link to comment
Share on other sites

  • Members

Let's see....

 

swerves his car

gets pulled over

fails a sobriety test

refuses a breathalyzer

gets angry (assuming he wasn't already angry)

gets arrested

mouths off to the cops on camera for an extended period of time

fails a second sobriety test

 

 

... yeah, no way a jury would even think you might have been drunk. Or stoned. Or whatever. Hell, texting, being really sleepy, being really angry all make driving very dangerous, with or without alcohol... doing all three (and who knows what else) maybe you should be happy you didn't wrap your car around a telephone pole.

Link to comment
Share on other sites

  • Members
Let's see....


swerves his car

gets pulled over

fails a sobriety test

refuses a breathalyzer

gets angry (assuming he wasn't already angry)

gets arrested

mouths off to the cops on camera for an extended period of time

fails a second sobriety test



... yeah, no way a jury would even think you might have been drunk. Or stoned. Or whatever. Hell, texting, being really sleepy, being really angry all make driving very dangerous, with or without alcohol... doing all three (and who knows what else) maybe you should be happy you didn't wrap your car around a telephone pole.



I kinda wish I did at this point. :thu:

Link to comment
Share on other sites

  • Members

I got banned for two years for DUI.

My advice is get a solicitor/lawyer who specialises in DUIs.

I had a series of technicalities that could have been argued.
I was not observed for the correct amount of time before the breathaliser sample was taken, it was a bank holiday and the times on the chart were incorrect allowing me to question the calibration of the device, the police man had not clearly noted that he formed the opinion that I may be under the influence before pulling over.
This is Ireland but I'm sure there are a raft of technicalities in the states too.

My solicitor was {censored}e and I got done.

On my day in court two people before me got off.

One guy admitted in court to having a drink the morning he was arrested after a heavy night on the drink too. His solicitor brought a doctor friend to the stand who swore that the guy had a reflex condition which caused excessive alcohol fumes to be passed while belching. He also produced some medical paper on it and claimed he was treating the client for the condition. The solicitor went on to claim that the breathalizer readings could not be trusted because of this underlying "medical" condition.

The next guy got off as his solicitor questioned the police womans note taking. He made this big song and dance about how neat the police womans notes were. Got her to even comment on how neat they were, handed them to the judge who also agreed that they were very neat indeed.
In Ireland you have to be observed for a 20 minute period before the station breathaliser test is given.
The solicitor successfully made the argument that the police woman could not have made such neat and detailed notes if she had been observing his client properly for the 20 mins.


Bottom line: Get a solicitor/lawyer who is highly experienced and has a "successful" history in handling these cases. I didn't and paid the price.


Oh, and you're a very naughty boy, I do not condone this kind of behaviour in any way!! :cop:

Link to comment
Share on other sites

  • Members

So I got pulled over the other night for drinking and driving. They took me out of the car and performed a sobriety test, which I failed pretty badly. After the sobriety test they asked me to take a Breathalyzer test, which I refused. After I refused it I was immediately arrested, spent the night in jail and got my license suspended for 6 months (for refusing the Breathalyzer).


After we got to the station I was pretty irate (swearing, attitude etc.), which is all on tape apparently, along with another sobriety test, again, failed pretty badly.


In fear of losing my job for having a criminal record I intend to fight it, although Im pretty sure Im {censored}ed. This lawyer is going to cost around 5 grand, which may or may not be a complete waste of money, Im probably going to lose my job, and I have no {censored}ing license.


Just wondering if anybody whos been through a similar experience has any tips, advice, etc. Should I even bother fighting it?

 

 

If you have a clean record you should be able to get it reduced. Some states will not allow a plea bargain if you blew over a certain amount.

 

Plead not guilty and see if you can get a temporary license that allows you to drive to work only. Then hire an attorney and let them plea bargain it down if they can. Sometimes you can get it down to a DUAI which more or less equal to a traffic violation and/or misdemeanor.

 

You'll probably have to take a mandatory drinking/driving class that is like 8 weeks or something like that as well.

 

EDIT: I see you refused the breathalyzer test, you might still be able to get a drive to work only license I'm not sure though.

Link to comment
Share on other sites

  • Members

If you have a clean record you should be able to get it reduced. Some states will not allow a plea bargain if you blew over a certain amount.


Plead not guilty and see if you can get a temporary license to drive to work. Then hire an attorney and let them plea bargain it down if they can. Sometimes you can get it down to a DUAI which more or less equal to a traffic violation and/or misdemeanor.

 

 

Since I refused the breath test I am unable to apply for a temporary license. I really think I made a mistake refusing the test now, at the time I was just worried about losing my job and wasnt thinking clearly. If I had taken it and failed I would have only had my license suspended for a month and been eligible for a temporary license and at least had a ride to find another job. Now I am stuck without a license for at least 6 months, will probably lose my job, and will not be able to get another without transportation. At this point I just want my license back asap, so I could at least be able to find another job. I really wish I could go back and take the test now.

Link to comment
Share on other sites

  • Members
Since I refused the breath test I am unable to apply for a temporary license. I really think I made a mistake refusing the test now, at the time I was just worried about losing my job and wasnt thinking clearly. If I had taken it and failed I would have only had my license suspended for a month and been eligible for a temporary license and at least had a ride to find another job. Now I am stuck without a license for at least 6 months, will probably lose my job, and will not be able to get another without transportation. At this point I just want my license back asap, so I could at least be able to find another job. I really wish I could go back and take the test now.



There are cicumstances where refusing the test can be a good strategy, I don't think a first offense situation is one of them though.

Usually it's the repeat offenders that are advised to refuse the test from what I understand. :lol:

Link to comment
Share on other sites

  • Members
That are cicumstances where refusing the test can be a good strategy, I don't think a first offense situation is one of them though.


Usually it's the repeat offenders that are advised to refuse the test from what I understand.
:lol:



Yeah but judging by the reactions of the people in this thread....there is no {censored}ing way Im winning this. It would have been a better idea to take the test and at least have been able to get a temp license. Unfortunately I was not aware of any of this before the incident.

Link to comment
Share on other sites

  • Members

Yeah but judging by the reactions of the people in this thread....there is no {censored}ing way Im winning this. It would have been a better idea to take the test and at least have been able to get a temp license. Unfortunately I was not aware of any of this before the incident.

 

 

They are just comments on an internet forum, let your attorney assess the situation and take it from there.

Link to comment
Share on other sites

  • Members

Yeah but judging by the reactions of the people in this thread....there is no {censored}ing way Im winning this. It would have been a better idea to take the test and at least have been able to get a temp license. Unfortunately I was not aware of any of this before the incident.

 

 

Did you even read my post?

 

 

I got banned for two years for DUI.


My advice is get a solicitor/lawyer who specialises in DUIs.


I had a series of technicalities that could have been argued.

I was not observed for the correct amount of time before the breathaliser sample was taken, it was a bank holiday and the times on the chart were incorrect allowing me to question the calibration of the device, the police man had not clearly noted that he formed the opinion that I may be under the influence before pulling over.

This is Ireland but I'm sure there are a raft of technicalities in the states too.


My solicitor was {censored}e and I got done.


On my day in court two people before me got off.


One guy admitted in court to having a drink the morning he was arrested after a heavy night on the drink too. His solicitor brought a doctor friend to the stand who swore that the guy had a reflex condition which caused excessive alcohol fumes to be passed while belching. He also produced some medical paper on it and claimed he was treating the client for the condition. The solicitor went on to claim that the breathalizer readings could not be trusted because of this underlying "medical" condition.


The next guy got off as his solicitor questioned the police womans note taking. He made this big song and dance about how neat the police womans notes were. Got her to even comment on how neat they were, handed them to the judge who also agreed that they were very neat indeed.

In Ireland you have to be observed for a 20 minute period before the station breathaliser test is given.

The solicitor successfully made the argument that the police woman could not have made such neat and detailed notes if she had been observing his client properly for the 20 mins.



Bottom line: Get a solicitor/lawyer who is highly experienced and has a "successful" history in handling these cases. I didn't and paid the price.

 

Link to comment
Share on other sites

  • Members

Did you even read my post?

 

 

I did read it, but neither of them both refused a breath test and failed a sobriety test. The odds are really against me here. I really doubt Im going to get as lucky as either of them. I just want my {censored}ing license. I really dont care about anything else. I can get another job, I can pay the fines etc. I just need a ride.

Link to comment
Share on other sites

  • Members

I did read it, but neither of them both refused a breath test and failed a sobriety test. I really doubt Im going to get as lucky as either of them. I just want my {censored}ing license.

 

 

Ok, but they were examples.

One of the guys admitted to drinking and still got off.

I've also heard of guys who calimed that they did not understand why they had been arrested and so refused to take the test. There are set list of procedures every policeman must follow for any arrest to be valid. If they slip on any of them you get off.

 

Have you sat down and discussed your case with a lawyer who specialises in this?

These guys know the steps that have to be followed inside out, better than the actual policemen in many cases.

 

You've two choices, accept that you'll loose your license or go see a lawyer, discuss your case in minute detail and see if there's anything you could get off with.

 

HCAF is going to be {censored} all help to you.

Link to comment
Share on other sites

  • Members

Ok, but they were examples.

One of the guys admitted to drinking and still got off.

I've also heard of guys who calimed that they did not understand why they had been arrested and so refused to take the test. There are set list of procedures every policeman must follow for any arrest to be valid. If they slip on any of them you get off.


Have you sat down and discussed your case with a lawyer who specialises in this?

These guys know the steps that have to be followed inside out, better than the actual policemen in many cases.


You've two choices, accept that you'll loose your license or go see a lawyer, discuss your case in minute detail and see if there's anything you could get off with.


HCAF is going to be {censored} all help to you.

 

 

Well you helped a bit. Im meeting with an experienced lawyer tomorrow.

Link to comment
Share on other sites

  • Members

I've never been pulled over for a DUI, but my brother in-law has.

Advice. Get a lawyer, do what he says and keep your mouth shut. Ultimately you're {censored}ed for a while. Own that, put it past you and move on. That's all you can do.

Oh,....don't do it again.

Link to comment
Share on other sites

  • Members
what were you banned from, drinky McIrish? no wonder they banned you, son. gotta listen up and answer.



Banned from driving, son, what did you think? :confused:

Taking the bus when you're 27 and have a daughter and full time job ain't fun.

My arrest actually happened when I was 23, young, single and completely and hopelessy drunk and stoned all of the time.
It got delayed in the courts for four years. Under European law that in itself should have meant the charges were dropped for excessive judicial delay, but I couldn't afford to plea my case.

I've had a kid since which prompted my to clean up my act but I've nothing but the up-most contempt for those mother{censored}ing cunts in the Irish judicial system.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.


×
×
  • Create New...