I thank you for your time. Since my DUI 9 days ago I have attended 3 ADAP classes and 6 AA meetings. My court case is 4-26-11. My counselor had recommended I ask for a continuance for 30-45 days to continue the classes during that period. After reading the advice I received on my first question I am now unsure wether to plead Not Guilty and request a lawyer or ask for a continuance. HELP..
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Alcohol & Drugs: DUI, DWI Another question about arrested at 1:48am arrive at jail at 4:00am
- Thread Starter reedsrus8
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army judge
Super Moderator
Pleading not guilty and requesting a court appointed attorney will automatically get the matter continued.
Going forward your attorney will direct the speed at which this matter proceeds.
fredrikklaw
Moderator
No Difference!
REEDSRUS8:
The responses from both Army Judge and Mightymoose were quite correct and I would emphasize specially Mightymoose's with regards to Miranda reading and the time taken to get to the police station.
Unless you were questioned unreasonably, were interrogated, or was somehow coerced or forced to confess by the peace officer(s) before you were read your Miranda rights, you would have a valid claim, but as said already, it was not needed immediately in this case as your blowing 0.9 is prima facae proof of your indiscretion and, the officer(s) did not solicit any information out of you by stealth or otherwise from the time you were handcuffed until you arrived at jail to be processed.
And I do not mean to make light of the situation, but you should consider yourself very fortunate for spending only an hour in the back the highway patrol unit, because that is nothing this day and age, a walk in the park. You should also feel fortunate for the fact that in California the first D.U.I. resulting in no injury or death is charged only as a misdemeanor, so you didn't even have to spend three to five days in jail (depending where the weekend falls) before seeing a judge and were released after only 9 hours.
All said and done, you are welcome to do this and that, continue or not continue, plead guilty or not guilty, hire an attorney or decide to go solo, but let me assure you of one fact, which is unless you blew anything less than 0.8 and were arrested under extremely questionable circumstances like you were sitting in the car in your own car port when arrested, the D.U.I. conviction will follow without question as the offense is taken incredibly serious by the penal system and the room for wiggle worming is therefore next to nothing.
I would therefore strongly suggest that you do not delay the inevitable and get to have your day in court as soon as possible; take your medicine and be done with it and in the process save yourself thousands of dollars in attorney's fees. The arraignment is conveyer belt stuff and the process is very much painless, quick, and dignified and it is not as if they will be stringing you up from a pole.
You have been very contrite and have already shown a lot of respect towards the court by taking AA classes, which will leave a must attend two hour M.A.D.D. seminar (Mothers Against Drunk Driving) and the 3 different classes a week over a 12 week long period, which you can combine to do on one Saturday and get on with other things the rest of the week, which will now also include shopping for a mandatory SR-22 car insurance and finding rides to work for the 90 days that your license will be suspended for.
D.U.I. is a horrible experience and you would want to get it over and done with as quickly as possible; but believe me when I say, that it is also an absolute blessing in disguise.
It was for me and I am now, and will be forever thankful to the officer who arrested me 12 years ago.
fredrikklaw
REEDSRUS8:
The responses from both Army Judge and Mightymoose were quite correct and I would emphasize specially Mightymoose's with regards to Miranda reading and the time taken to get to the police station.
Unless you were questioned unreasonably, were interrogated, or was somehow coerced or forced to confess by the peace officer(s) before you were read your Miranda rights, you would have a valid claim, but as said already, it was not needed immediately in this case as your blowing 0.9 is prima facae proof of your indiscretion and, the officer(s) did not solicit any information out of you by stealth or otherwise from the time you were handcuffed until you arrived at jail to be processed.
And I do not mean to make light of the situation, but you should consider yourself very fortunate for spending only an hour in the back the highway patrol unit, because that is nothing this day and age, a walk in the park. You should also feel fortunate for the fact that in California the first D.U.I. resulting in no injury or death is charged only as a misdemeanor, so you didn't even have to spend three to five days in jail (depending where the weekend falls) before seeing a judge and were released after only 9 hours.
All said and done, you are welcome to do this and that, continue or not continue, plead guilty or not guilty, hire an attorney or decide to go solo, but let me assure you of one fact, which is unless you blew anything less than 0.8 and were arrested under extremely questionable circumstances like you were sitting in the car in your own car port when arrested, the D.U.I. conviction will follow without question as the offense is taken incredibly serious by the penal system and the room for wiggle worming is therefore next to nothing.
I would therefore strongly suggest that you do not delay the inevitable and get to have your day in court as soon as possible; take your medicine and be done with it and in the process save yourself thousands of dollars in attorney's fees. The arraignment is conveyer belt stuff and the process is very much painless, quick, and dignified and it is not as if they will be stringing you up from a pole.
You have been very contrite and have already shown a lot of respect towards the court by taking AA classes, which will leave a must attend two hour M.A.D.D. seminar (Mothers Against Drunk Driving) and the 3 different classes a week over a 12 week long period, which you can combine to do on one Saturday and get on with other things the rest of the week, which will now also include shopping for a mandatory SR-22 car insurance and finding rides to work for the 90 days that your license will be suspended for.
D.U.I. is a horrible experience and you would want to get it over and done with as quickly as possible; but believe me when I say, that it is also an absolute blessing in disguise.
It was for me and I am now, and will be forever thankful to the officer who arrested me 12 years ago.
fredrikklaw
wisemans_voyage
Member
When you plead NG and get a court appointed Attorney, make sure he addresses the "Probable Cause" issue and the breathalizer test mechanism! He may be able to point out possible misusage of the equipment that shows the degree of impairment in your system. Your Attorney might very well be able to get you charged with a lesser offense like "Wet Reckless" for instance.
Don't just accept that you blew an .09! As I said, a good Attorney will attack the credibility of the machine depending on how the test was administered. Make sure your Attorney works with you!
Also, be aware that if you can show there was no probable cause to stop you, then all the evidence such as the breath test is inadmissible in court. Might be hard to do but...just saying :>) Good Luck!
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mightymoose
Moderator
After determining you were good for DUI citing you for failure to stop is just overkill.
I would not doubt that you were targeted for coming out of a bar... but the reason for the stop (stop sign violation) was probably legitimate. That is one of the easiest things to stop a car for. At a busy intersection an officer need only wait seconds for someone to fail to make a complete stop. Maybe your failure to stop was not blatant or dangerous... but it likely occurred and was valid reason for the traffic stop. The officer really could care less about the infraction- it is just his reason to stop and dig for more.
army judge
Super Moderator
Sigh, OP, Moose & Frederiklaw have provided you with some very credible advice.
If I were you, I'd ignore any other advice.
Moose succinctly addressed the basis for the original stop.
The officer could have charged you with the "rolling stop".
They obviously saw no need to do so, as they charged you with DUI.
As previously stated, plead not guilty, say no more about any of this to no one (except your lawyer), and follow the advice of your lawyer.
You can hire your own lawyer.
If you can't afford to hire a lawyer, ask the court to appoint one to represent you.
Your self directed efforts at AA and alcohol awareness will serve you well.
Good luck.
If I were you, I'd ignore any other advice.
Moose succinctly addressed the basis for the original stop.
The officer could have charged you with the "rolling stop".
They obviously saw no need to do so, as they charged you with DUI.
As previously stated, plead not guilty, say no more about any of this to no one (except your lawyer), and follow the advice of your lawyer.
You can hire your own lawyer.
If you can't afford to hire a lawyer, ask the court to appoint one to represent you.
Your self directed efforts at AA and alcohol awareness will serve you well.
Good luck.
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