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Old 03-29-2004, 03:33 PM   #1
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Unhappy DUI in my svt - help

Hi- real quick

I have court tomorrow 3/30/04 in san luis obispo (I live in orange county normally)
and I need any input on this

On mardi gra night in SLO (san luis) I went to pick up a friend after I had been drinking that night.
I pulled over to pick them up and a CHP was behind me(they were called in because of the amount of people that go to mardi gras), I was unfirmilar with the area and I pulled over in the wrong spot.

I was red lighted by the chp behind me, did the field tests, and they arrested me after I refused to do a breathalizer. They then took me to a hospital and Opt'ed to get my blood taken, then I went to jail for the night.

My results from my blood test was 0.09 and the legal limit is 0.08 in CA. I told the judge my last court appearence not guilty and I would hire a lawyer.
Well, now I cant afford one so im going to represent myself-PROBLEM- I dont know what to plea with the court to break down/dismiss my charges (I was told with a lawyer they could most likly dismiss charges because of how close I was to the limit)

I was told something like, alcohol related wreckless driving is a lesser sentence, but I need to know what to tell the judge so I can get as much off as possible, but I dont know the "magic words" because ive never been through this.

Of course It would be devistating on my life if it didnt work, and I was convicted of driving under the influnence of alcohol.

ANY AND ALL HELP would be LIFE SAVING, im 21 and I am new to this, please please help me or give me your input. Im sorry I cant afford a lawyer, but I belive I can somewhat handle this on my own with your help.

Thank you again

-Kial Christopher


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Old 03-29-2004, 03:36 PM   #2
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whats your driving record look like prior to this DUI?
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Old 03-29-2004, 03:39 PM   #3
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Unless someone here is an actual lawyer I would suggest you come up with the money
(borrow it from a friend or family member) and get a lawyer to represent you in court. Most lawyers will give you a free consultation session, maybe you can find one who will work out payments for you. IMO, getting legal advice/speculation from the forum is not a wise thing when it comes to DUI.

Of course drinking and driving is not a wise thing either.
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Old 03-29-2004, 03:45 PM   #4
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Dude, that sucks. Shoulda not been driving after drinking. I don't drive anywhere after I drink one beer... you did it to your self. Own up and take the punnishment like a man. If you plead not guilty you'll just look dumb when they pull out the BAC test and you are over the legal limit. Tell the judge the truth. Express your regret and sorrow.
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Old 03-29-2004, 03:45 PM   #5
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Quote:
Originally posted by Focusedat50
Unless someone here is an actual lawyer I would suggest you come up with the money
(borrow it from a friend or family member) and get a lawyer to represent you in court. Most lawyers will give you a free consultation session, maybe you can find one who will work out payments for you. IMO, getting legal advice/speculation from the forum is not a wise thing when it comes to DUI.

Of course drinking and driving is not a wise thing either.


but its a fact that they will use your driving record as a basis... thats the only reason i asked. .09... damn that sux
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Old 03-29-2004, 05:00 PM   #6
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Thanks for the replies, but to be perfectly honest, I cannot afford a lawyer.

All my family is gone except for my grandmother that lives on the east coast, the prices Ive recieved so far on a lawyer are 2500-3500, and I realistically dont think I could appoint a lawyer at such short notice.

My record- I have had speeding tickets and such in the past, past meaning two years ago, with most of them almost off my record (I had 3 on my record from when I was a early driver, and my last one is off my record come this July). I have never had a prior dui, or any other alcohol related offense.

Its all me guys, I could man up and plee guilty, but I can lessen my sentence Im sure, I just dont know how.
The old legal limit in california was 0.10 but it was changed somewhat recently Im assuming (5 years ago?)
to 0.08.

I was damn close to the legal limit, 0.09 as compared to 0.08 is like half a ounce more of beer - not hard alochol. I waited before picking my friends up because I was MUCH over that earlier in the evening, but I gave it 2 hours before I went to pick my drunk friends up off the street.

Im thinking maybe I could use my job as an advantage. Im a teachers aide at a middle school, a civil servant so to speak, and I think I could use that as a good basis for a decreased sentence but Im not sure what I should propose as a decreased sentence.

Im going to bust my ass online and look for other sources this evening, and just try my best in court tomorrow morning.

Thanks for the replies
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Old 03-29-2004, 05:08 PM   #7
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Sorry to hear about this, I 'm not going to say the thing that comes to mind (don't drink and drive) People mark mistakes and you will learn form this. Cali has been at .08 for at least 8 years. I was there from 94-98 and it was .08 then. Your best bet is to be honest with the judge and not try to make reasons as to why you are not guilty. This is such a hot topic with all states I don't know if your going to get out of a DUI unless you have a lwyer, then it's not a garentee either.
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Old 03-29-2004, 05:29 PM   #8
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Maybe since you're a teacher's aid you could do community service and teach some classes as to why you shouldn't do what you did... tell 'em about your expierence. Good luck with the court though.
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Old 03-29-2004, 05:41 PM   #9
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I agree with the other's that said just plead guilty (you are) and explain to the judge what happened and your circumstances. Remember, judges aren't stupid and have heard every story and excuse in the book. An honest defendant who is truly sorry is kinda rare in a courtroom and that may get you a break. Just don't BS the judge or make excuses for your stupidity. Trying to act like a lawyer and trying to use legal tactics or language you aren't familiar with will only result in giving everyone in the room a good snicker (at your expense). Good luck!
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Old 03-29-2004, 07:13 PM   #10
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Well I found a lawyer and he is only charging me 1000 so I guess I can handle that on a credit card.

What I understand
1. DUI
2. Alcohol Related Wreckless Driving (still like a dui just probation and classes are less, but still 2 points and insurance can poke you in the rear for just about forever)
3. Exhibition of speed

Im hoping for #3 and the lawyer I talked to said If I went in alone pleading for it I probably wouldnt get it, so he's hired.

Well tomorrows judgment day, im going up to SLO even though I dont need to be present because I have a lawyer, but its important to me to see how it comes out of course.

Ill post tomorrow let you guys know the results, thank you for the support
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