Alcohol & Drugs: DUI, DWI DUI underage, dismissed once and was refiled

[pzwbpb]

BACKGROUND:
I am 20 years old. I was charged with a DUI and underage drinking (First charge). My BAC was .04. My eyes were not blood shot, my speech was not slurred, the officer did not smell alcohol. I stupidly admitted I did have a drink. (There was probable cause to stop me as I was driving through a warehouse parking lot late at night). I retained an attorney. He asked the officer up front at the hearing if he would be willing to drop the underage charge. He said yes but his boss would not authorize it. In the end the charges were dismissed because the officer failed to identify me during the hearing as the person he arrested. (technicality)

Now the charges have been refiled. My dilema - I asked for a public defender as I can't afford to pay the attorney fees again. (I do qualify for PD). Can the Public defender ask the magistrate to drop the underage. Does the magistrate have the power to do that?
Should I plead not guilty and go to court and could the judge possibly drop the underage charge. I realize I will loose my license but I don't know for how long. My goal is to get ARD. Can I ask for ARD at court or does my PD have to ask for that when I go to the hearing? On what grounds would ARD be denied.

What is my license suspension time if both charges stand?
What is my license suspension if I just have the DUI and the underage is dropped?

I am confused. I don't want to make things worse or incur anymore fines/fees than I have to.

My hearing is in 1 week.

 

[Michael Wechsler]

I'm not sure I understand. If the officer couldn't identify you as the person he wrote the summons for, wouldn't the case have been dismissed? I'm not sure I understand what has been going on procedurally.

 

[pzwbpb]

During the officer's testimony, he failed to indicated the person in the room (me) was the person he arrested. The case was dismissed on what I understand was a "technicality". The charges were refiled and my 2nd hearing is scheduled for tomorrow 10/8.

 

[seniorjudge]

The whole law is a technicality.

But, yes, your post makes no sense.

Have you had a trial or not?

 

[pzwbpb]

There has been no trial. The 1st hearing that was dismissed was at the district magistrate. The 2nd hearing - tomorrow, is again at the same district magistrate.

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.