Anyone Fought or won a DUI case where they were in a running car but it wasn't even moving?

[TheNinja]

If you feel the need to get drunk in your car before you go home, you might have a problem.

Yup. Definintely. Do. Was clean for a while. I'm clean again now though for good. Coming off a benzo detox. My liver and pancrease are busted up. I have no choice. I have to be done now.

 

[HereticBD]

It's 99% likely that you are right in most cases. But like I said, aren't we innocent until proven guilty? Isn't the burden of PROOF on the DA?

You have been proven guilty already. Your guilt is not in question, and it's not a felony case, where you're entitled to a trial by jury. You can try to plead not guilty, but the judge will laugh at your plea, and probably give you a harsher penalty for wasting everyone's time.

Were you drunk behind the wheel? Yes.

Is that against the law? Yes.

Can they prove it? Yes.


Case closed. Here's your fine.

 

[TheNinja]

Not even remotely believable.

How is that not believable btw? People do weirder shit all the time IMO. I'm too cheap to drink at a bar and it's too much hassle to drink at home. So I drink basically in my driveway.

Now I'm not admitting it's healthy by any means. But I feel a decent lawyer could certainly make it believable. I need a copy of the police report though. He read my my rights but I was shakey when getting fingerprinted. They'll probbaly claim withdrawal. I'll claim adrenaline and traumatic experience and I was scared.

 

[TheNinja]

You do have the right to a Jury Trial. If the Judge in your case denies your request, you can't be sentenced to jail time you must serve (Judge could hold it over your head during probation).

You may have a shot at pleaing down to California's version of Physical Control (if they have it).

Get an attorney.

Oh, and check yourself into a voluntary outpatient program and/or AA meeting and document your attendance. Will help with sentencing.

Y
You make some good points. I think if I prove AA meetings or outpatient services or maybe at least some counseling that might help my sentencing.

I'm worried a lawyer is just gonna steal my money and I'll end up in the same boat anyway with the same punishment. Honestly I just need to avoid jailtime and I need to keep my license if possible. THe other shit (fines, insurance, etc.) I can deal with.

California has wet and reckless which is a little lesser than DUI. THey have public intox as well.

 

[TheNinja]

Btw, this thread has been awesome! From the positive to the negative to the realistic to the stories it's all been very good. I appreciate you guys a lot. Gonna get my life on track after this. Tired of feelig like shit and losing 15 pounds in 2 months...heh.

 

[Swiftie]

Your only chance is if the Judge is a member of Sherdog.Make sure to mention your Sherdog Screen Name...Sound Poor and Don't call the judge a tranny.

 

[faustian]

lol there will be no jury. Just a judge. a judge who won't believe you. sorry bro

 

[TheNinja]

Your only chance is if the Judge is a member of Sherdog.Make sure to mention your Sherdog Screen Name...Sound Poor and Don't call the judge a tranny.

Should I mention healthy Shogun and motivated BJ Penn? Maybe tell him I bench teh 375 and am about to fill the room with uppercuts? I'll probably ask his thoughts on a hot young prospect named Erick Silva and see if he thinks there is any title shot potential there.

 

[TheNinja]

Doesn't everyone have the right to a trial by jury? No matter what that case may be? Maybe not a civil suit but I thought any criminal case the defendent can request a jury. I think it's usually foolish to do so b/c the prosecution will be pissed and throw the book at you but I believe I have that right.

 

[SmilinDesperado]

This is actually a pretty interesting concept and I can get on board with it. For it to ever be reasonable we would need public transportation to be much more reliable and accessible. When I was in England there were pubs (the local) everywhere and when we closed the place down the owner of the pub put us in his van and took us back to the training base. This is a much better system than shutting the place down and throwing everybody out the door and not giving a shit about them.

Anyways, I see your angle overall and while I don't agree with everything, I can certainly understand why you feel and think the way you do.

The drinking penalties in the US are harsh, but, largely necessary, imo.
Between your dumb college kids, the guy that had one bad night--got drunk and tried to drive, the bro that thinks "im totally fine", and then the actual alcoholics..the guy that has 3 or 4 DUIs...how can we afford to NOT punish harshly? Innocent people get KILLED for this shit.

I live abroad, and have for most of my life at this point.
Sad truth is that much of the US is just not really structurally set up to drink safely. Lack of public transportation , expense of taxis, and just how big the US is makes going from drinking spot to home an impossible mission without adequate prep. (I wasn't in the country when Uber and Lyft became a thing, so don't know the effectiveness of it)
I agree with the other poster about just straight up banning drinking and driving. The risk is too high, as are the penalties if you overshoot that alcohol threshold slightly. It's not worth it

It's difficult though. On one hand, i agree that harsh penalties are necessary for such a potentially dangerous offense, but on the other half, ruining offender's lives helps no one. Society doesn't benefit from a jobless father with a 15K debt he can't afford. The law needs to come up with more practical and suitable punishments besides the lazy usual shit of fines and jail.

 

[SmilinDesperado]

Ninja TS, you come across as a nice dude on here, so i don't want to get all up in your marital business. .but..unless you actually have a serious drinking problem, why the hell can you not have a beer in your own damn house?

 

[TheNinja]

Ninja TS, you come across as a nice dude on here, so i don't want to get all up in your marital business. .but..unless you actually have a serious drinking problem, why the hell can you not have a beer in your own damn house?

TThanks btw, I try to be kind and courteous here. And I can't drink in my own house b/c my wife hates it because, yes, I had a serious drinking problem. A combination of not being able to have a beer or 2 at home and having to hide it combined to make it bad.

 

[SmilinDesperado]

TThanks btw, I try to be kind and courteous here. And I can't drink in my own house b/c my wife hates it because, yes, I had a serious drinking problem. A combination of not being able to have a beer or 2 at home and having to hide it combined to make it bad.

Ah, i see.
Yeah, if that's the case, I don't really know what to say then.
I can understand her hate for it if she knows there was a serious problem with it before. I have been around people that can't handle their liquor...and 'just 1 drink' quickly turns into a few shots, and then it's dick out at the bar, followed by an arrest. (Not saying that's you, just that i can understand one not trusting the "just 1 beer" line)

As no one actually got hurt or anything , hopefully you don't get boned too hard here.
I don't know the severity of your drinking history, but, man, unfortunately, this incident probably made it harder for you to drink at home now. Having to hide having a beer has to be shitty, especially if it really is just 1 beer you're trying to have though

 

[TheNinja]

Talked to a lawyer. $3500 to handle the case from front to back!!! Yikes. - He didn't seem overly concerned and thought I could get off on technicality depending on police report. Basically said to keep making sure I push the DMV hearing off until the DA files his report. That way if they both find me guilty my suspended licenese would be during the same concurrent time.

Otherwise if found guilty by DMV in March, they restrict for 5 months.......then Court finds you guilty in September......they restrict another 6 months. If they both find you guilty at the same time then they ovelap and 6 months total.

 

[west42]

Exactly, everybody telling you not to get a lawyer in this case is most likely mentally retarded. You absolutely positively need a lawyer in this case

I don't think you can not get a lawyer in this case. You most certainly need one. Even if you beat it you're gonna be out atleast $1,000.

But theres no beating this. You wouldve had to have refused the breathalyzer to give your lawyer atleast a fighting chance.

 

[BKMMAFAN]

Y
You make some good points. I think if I prove AA meetings or outpatient services or maybe at least some counseling that might help my sentencing.

I'm worried a lawyer is just gonna steal my money and I'll end up in the same boat anyway with the same punishment. Honestly I just need to avoid jailtime and I need to keep my license if possible. THe other shit (fines, insurance, etc.) I can deal with.

California has wet and reckless which is a little lesser than DUI. THey have public intox as well.

A lawyer will be able to go into the judge's chambers and discuss your case with the judge and prosecutor. That alone will usually get you a better deal than handling your own case pro se.

Whatever wet and reckless is is likely your best shot at a plea down. I highly doubt a prosecutor would allow a plea to public intox given the facts you put forth. In any case, an attorney is by far your best bet at getting a plea reduction.

Also, if this is your first offence, an attorney will very likely be able to avoid any mandatory jail time for you. There were no injuries, no accident, and hopefully it's your first DUI.

Regarding your license, it depends on what California's procedures are. Where I live, an OVI/DUI charge automatically triggers an administrative license suspension for 180 days. California probably has something similar, so you'd have to file a motion to stay the ALS or petition the court for driving privileges. Get a copy of your work schedule, and any other mandatory duties that require you to drive (ie, picking up or dropping off kids, etc).

It all depends on the particular judge, but if it's a first offence I'd think an attorney should be able to obtain your two goals of avoiding jail time and maintaining some driving privileges.

 

[TheNinja]

Exactly, everybody telling you not to get a lawyer in this case is most likely mentally retarded. You absolutely positively need a lawyer in this case

I agree. After talking to people and reading reports and figuring out the timing and judge vs jury it's best to have an expert. It's just a lot of frickin' money. If I knew he'd get me off it would actually save me a ton of money.

I just talked to a guy for like 20 minutes. Their firm handles ONLY DUI cases and thousands a year. Really cool dude, answered all my questions. Told me to chill out and hang in there, especially until DMV sends the report. Then basically we can talk again. But like I said $3500 per case!

I gotta do some shopping around.

 

[TheNinja]

A lawyer will be able to go into the judge's chambers and discuss your case with the judge and prosecutor. That alone will usually get you a better deal than handling your own case pro se.

Whatever wet and reckless is is likely your best shot at a plea down. I highly doubt a prosecutor would allow a plea to public intox given the facts you put forth. In any case, an attorney is by far your best bet at getting a plea reduction.

Also, if this is your first offence, an attorney will very likely be able to avoid any mandatory jail time for you. There were no injuries, no accident, and hopefully it's your first DUI.

Regarding your license, it depends on what California's procedures are. Where I live, an OVI/DUI charge automatically triggers an administrative license suspension for 180 days. California probably has something similar, so you'd have to file a motion to stay the ALS or petition the court for driving privileges. Get a copy of your work schedule, and any other mandatory duties that require you to drive (ie, picking up or dropping off kids, etc).

It all depends on the particular judge, but if it's a first offence I'd think an attorney should be able to obtain your two goals of avoiding jail time and maintaining some driving privileges.

Mandatory 30 day suspension in California. Then 5 months restricted license (work, school kids, etc.). The shitty thing I mentioned a little earlier is that the DMV can give you 6 months and the DA/Court can give you 5 months. If you don't line them up properly they'll go 11 months. If you time them right (which a lawyer would help do) it would be 6 months restrictred.

Only 30 suspended though. And no mandatory jail time on first DUI if you have a good lawyer. Otherwise possibly 48-96 hours.

This is first DUI but I have a previous public intox that they never actually filed. But was charged.

 

[BKMMAFAN]

Mandatory 30 day suspension in California. Then 5 months restricted license (work, school kids, etc.). The shitty thing I mentioned a little earlier is that the DMV can give you 6 months and the DA/Court can give you 5 months. If you don't line them up properly they'll go 11 months. If you time them right (which a lawyer would help do) it would be 6 months restrictred.

Only 30 suspended though. And no mandatory jail time on first DUI if you have a good lawyer. Otherwise possibly 48-96 hours.

This is first DUI but I have a previous public intox that they never actually filed. But was charged.

You'd likely be able to get privileges I would think. Any jail time sentenced would probably be suspended pending completion of your probation conditions (maybe DUI school, fine, possibly counseling/treatment). They won't consider this a 2nd DUI offence if you've had a public intox, but definitely pre-emptively check into some out-patient therapy just so you can show the court you're being proactive in addressing your alcohol problem. Don't deny you have a problem to the judge, just admit it and state you're doing your best to adequately address it.

Shop around and see if you can find an attorney for cheaper than $3,500. It seems like a pretty basic case if avoiding jail time and maintaining limited driving privileges are your two goals. Make sure you adhere to the conditions of probation and don't ignore it. It's on probation violations that people usually end up doing jail time.

 

[Chazz Reinhold]

Long story short. Feel asleep with my car running. Never "drove" my car drunk. Got popped for DUI. I complied with all officer's commands. Do I have a change to fight/beat this thing? It's bullshit b/c I didn't drive drunk . i stoppped 3 blocks from my house and drank too mjuch so I slept. It was cold out so I kept my car running. I wasn't going to drive afer that. I could have walked home.

So anyway, in California can I fight it b/c technically the car never moved nor did I drive under the influence while I was drunk inside of it. I might have to get a lawyer on this one though. I just don't see how they can prove I drove under the influence when I didn't. Beyond a reasonable doubt a jury should side with me right?

EDIT Talked to a lawyer. $3500 to handle the case from front to back!!! Yikes. -

there is case law from New Jersey. summed up. Man got drunk in a bar on a cold night. didn't want to drive because was drunk but was to cold to sleep in car not running. defense argued he possibly could have died if car not running due to cold. he slept in bar lot. I would guess case was from the 80's .