Anyone Fought or won a DUI case where they were in a running car but it wasn't even moving? | Page 9

Discussion in 'Mayberry Lounge' started by TheNinja, Feb 5, 2018.

  1. Jack Reacheround Never Go Black

    Jack Reacheround
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    Maybe the higher the BAC the more severe the punishment. That’s how it happens anyway, though it is not on the books like that. But I think judges usually throw the book at people with BACs of 0.2 and go a bit easier on people with 0.09 or something like that.
     
    #161
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  2. usmctanker242 Black Belt

    usmctanker242
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    Yeah, .2 is almost 100% pure blackout for most people. I don't really have an issue with more severe penalties for a higher BAC.
     
    #162
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  3. Protectandserve Black Belt

    Protectandserve
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    Here is a little story from last night on patrol on how not to beat a DUI.

    Be part of a crowd of several hundred street racers who are getting rowdy. Stay well after local cops and a bunch of CHP Officers have cleared out the racers, stopping a ton of cars and citing everyone. Attract extra attention to yourself by getting in a fight with the other drunk idiots in your car while still in the parking lot with 3 cops. Don't listen to Protectandserve when he tells you that if you don't park your car and call someone to get you officers will arrest you for DUI.

    Wait till Protectandserve leaves to drive away thinking the coast is clear. Miss seeing the 2 man DUI car waiting for you a block away...
     
    #163
  4. TheNinja Silver Belt

    TheNinja
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    I don't have a lawyer yet but I have another 6 letters today. I have literally 12-16 letters between Friday and Saturday mail. So at least I have options and can play then against each other. I think I'll avoid the " big name" ones like "1-800-CUFFS-OFF" or those types of things. I feel like they are gimmicky and probably not well respected.
    I'm definitely gonna get a lawyer and have them handle it. I just need to make sure I get one who actually will fight for me and who cares. I can't decide if I want hourly or flat rate. Pros and Cons to each. I'll call a few and feel them out a bit.
     
    #164
  5. TheNinja Silver Belt

    TheNinja
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    YIKES! Some smart fellas there. But you know how testosterone and alcohol makes us male idiots! :( - Are you a police officer btw?
     
    #165
  6. Protectandserve Black Belt

    Protectandserve
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    Yes. Orange County CA area.
     
    #166
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  7. herra Green Belt

    herra
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    Unless you have a Tesla, and you can blame it on the self-driving feature.
     
    #167
  8. TheNinja Silver Belt

    TheNinja
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    As much as I'm apparently in trouble now, I do thank you for your service. It's not an easy job I'm sure!! Takes more guts than I have.

    Also, for falling asleep in a running car 3 blocks from home with a HIGH BAC would you arrest someone and charge with DUI? Also, am I screwed here? ;)
     
    #168
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  9. mushishi A is a, a is a, should I save her?

    mushishi
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    Is there a lawyer fight finder where you can see their w-l record? Make it happen, Dana!
     
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  10. Protectandserve Black Belt

    Protectandserve
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    Like I said in my original post, our DA needs to see you "in control" or a collision and to meet 40300.5 CVC to make an arrest. If you're asleep in the driverseat with the car running you are gonna have a hard time arguing you did not drive drunk vs you being racked out in the backseat with the car running.

    Find a few lawyers that do free consults.

    Did you do FST(sobriety tests), a PAS (field breath test) and did you do the blood or breath test? Lawyers can try to fight some of that to get a better position to plea it down.
     
    #170
  11. TheNinja Silver Belt

    TheNinja
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    Ya, I understand it's a hard sell and according to the law I was DUI. But I didn't drive drunk, that's the frustrating part. I know what the law says though. I looked on AVVO and they do a lot of lawyer reviews and stuff. I'm not sure how legit it is. Maybe better than calling random people who sent me letters. I figure the good lawyers don't need to search for customers.....customers will find them.

    I did FST, can't remember PAS. Opted for blood at the police station. I was asking for a benzo at the police station and shaking though which won't help my case. However I have a prescription for Librium (a benzo) b/c I have anxiety attacks not for detox. I also have anti-depression medication. Between the alcohol.....being woken up and confused what was going on....having a panic attack, I wasn't close to passing FST. I don't know my BAC.

    I'm gonna need a good lawyer here. I just want to avoid jail time and not lose my license if possible. If I lose my license I don't know how to get to my job and other things I need to do. I just don't see how putting a man who has to provide for his family out of a job helps anyone but I also know I shouldn't have put myself in the situation to begin with.

    Thanks for the feedback btw and be safe out there!
     
    #171
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  12. mushishi A is a, a is a, should I save her?

    mushishi
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    I doubt you’ll get jail time. You might get license suspended, but you can ask the judge to allow you to drive to/from work. It’s not uncommon. You’re in a bad situation, but it’s not too bad; don’t stress too much.
     
    #172
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  13. Protectandserve Black Belt

    Protectandserve
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    You likely won't see any jail time other than your booking time for a first time deuce.

    Also a majority of the time your license can be "suspended except in the course of employment." Basically you can go to and from work but that is it. Allows you to still work but still gives you a penalty.
     
    #173
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  14. TheNinja Silver Belt

    TheNinja
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    Thanks again! I assume I'll have some sort of "restricted license" for 5-6 months from either/both DMV and the state. However I REALLY need to avoid a full on suspension. I have to get to work and back otherwise I'll get fired! I don't see how a suspended license is really helpful for anyone (person or state) for a first time DUI . The person could lose his job, now you have 1 more unemployed person sitting around draining the system or unable to provide.

    I'm hoping my lawyer can plea down to wet reckless or something.
     
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  15. sakfjgadsyukgf White Belt

    sakfjgadsyukgf
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    Almost all of the advice you've received in this thread is completely idiotic & wrong (other than Protectandserve and everyone else who just said 'get a lawyer, don't ask us for advice). All of the people who said stuff like 'blah blah blah case closed', 'no one's gonna believe your story', 'a judge's gonna be pissed' etc. have no idea how the law & prosecutions work (other than being on the wrong end of a DUI I guess lol, which seems to be a lot of people).

    If you can afford it, you should absolutely get the best attorney you can and fight, fight, fight until the very end of the case. DUIs are so incredibly expensive, you don't have any incentive to *not fight it*. Legal cases can and do get thrown out, dismissed, dropped by the DA, or way plea bargained down for all kinds of reasons. A good defense attorney can find that the arresting officer did any number of illegal or improper things that could cause the case to be dismissed- you don't know until they try. If you actually know a cop, ask them all of the reasons perfectly legit arrests get thrown out for- all of the little technicalities you need 3 years in law school to learn about.

    I know who a rich kid who got caught in a DUI roadblock, failed the sobriety test, failed the breathalyzer. He got good attorneys and fought the case for a year and a half- eventually the judge found the roadblock legally problematic and threw out his case, he got off scott free. The kind of loophole you're not gonna learn about on Sherdog lol. Get. A. Good. Attorney.

    Expensive DUI specialist attorneys can get cases thrown out by 'proving' the breathalyzer is a very complex scientific instrument, and the arresting officer wasn't properly trained or educated in how to use one. There's a reason DUI law is a whole specialized field for attorneys.

    Also, if you drag the case out long enough, the District Attorney might eventually just feel it's not strong enough to take to trial and dismiss it, or offer you a way reduced plea. You said you're in the Bay Area, right? The DA probably has literally hundreds of DUI cases on his plate, in addition to rapes, murders, armed robberies, human trafficking etc. "Eh, this is a chickenshit case, we'll let the guy plead down." Happens all the time.

    TLDR- never talk to the cops, ever. And get a good attorney
     
    #175
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  16. rocketskates Black Belt

    rocketskates
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    If you don't mind me asking, where do you live? If you're in a populated county, even if you aren't, you likely won't see jail time if it's your first DUI. An attorney can likely work out a supervision deal where you keep your license too. Honestly, around here they are pretty lax on first timers.
     
    #176
  17. TheNinja Silver Belt

    TheNinja
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    I live in the Bay Area of California. Contra Costa County. It's a pretty populated and contains some very upscale areas. However it also contains a city called Richmond which ranks like 7 on the 100 scale of safest places to live. So basically it's safer than 7% of other cities. It's a rough city so they get a lot of violent crimes.
    Anyway I know the DAs are overloaded big time. I'm gonna get a good lawyer and fight this thing like crazy. I found one online with great reviews and free consultation. Not sure his price but keeping it off insurance and keeping my license (if he can do it) will pay for itself.
    I assume I'll have to take courses but I'm OK with that. If you are in the area you might see me along the road picking up trash some weekend too ;)
     
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  18. TheNinja Silver Belt

    TheNinja
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    Thanks for the reply man!!! I really appreciate it and I am going to get a good lawyer. I got like 15 letters but am avoiding the gimmicky ones like "1-800-cuffs-off". I feel they are kind of cheesy and con artists. I found one with great reviews fighting DUI cases for 20+ years. These guys know all the DAs and judges and can hopefully fight for me.
    Or like you said, get it caught up in court for so long or make it such a pain in the ass the DA will drop it. You also have to beat the DMV "trial" which is separate from the DA's office. They can each restrict your license as well. It seems very complicated. I'm going to call the guy tomorrow. I'm hoping I get a good vibe from him and he can reduce to drop the case or plea to something like "open container" or "wet reckless". Technically I wasn't driving and never operated my vehicle (other than leave it running for the heater b/c it was cold) but I WAS drinking from an open container in my vehicle. An open container $250 fine and an "infraction" not a misdeamoner.
    Anway, after further research and how complicated it seems I'm gonna get alawyer specalized in DUI. It sucks to pay the $3500-$5000 that it will cost ESPECIALLY if I lose my case and end up with DUI anyway!!! But at least I have to try.
     
    #178
  19. rocketskates Black Belt

    rocketskates
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    Nah I'm in the Midwest but I doubt you'll be picking up trash lol. Just get it handled and be more careful in the future.
     
    #179
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  20. TheNinja Silver Belt

    TheNinja
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    heh. I hope not!! Ya, I just got a lawyer. He had great reviews. I connected well on many levels over the phone. He was on the higher side of pricing but is well known and endorsed by many other lawyers and DAs. I hope I didn't get screwed but at least I know I'm doing everything I can to fight it. If I end up losing my case and I just got screwed out of my money, like I said, at least I know I did what I could.
    If I handled this on my own I would have always wondered "what if" I just hired someone. We shall see what happens from here. Now if you'll excuse me I gotta go cash out some of my 401k to pay for this frickin' thing! :( Not literally but pretty much gonna cost a frickin' arm and leg.
     
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