- Jurisdiction
- Texas
Before anything, I would like to say that I've made a terrible judgement call, and gotten behind a wheel of a car after drinking. This would be my second offence in 5.5 years, and has already made a very profound effect on my life to the point that I have decided that I cannot handle drinking responsibly, and have given it up completely - having been 100% sober for 8 months now. However, that's beside the point, so now to my case:
What happened:
I was visiting a different city – Austin, TX, had some drinks, and drove my car. I became lost in unfamiliar place, and looked for the first street to turn off on to interact with my GPS. I made the first right turn I saw, which unfortunately for me happened to be a one-way feeder road. I quickly realized my mistake, and made another first right turn I saw onto another street. A police officer saw me do this, and pulled me over for going the wrong way. At the time I was pulled over, I had an open beer in my car that was half way full and not cold.
The stop:
Officer asked me if I had been drinking, I said I have had a few, so he asked me to step out of the car. I refused all the field sobriety tests, did not blow into the breathalyzer, and did not submit to a blood test. The only evidence the prosecution team has is the video of my interaction with police, and the beer bottle.
The video:
I have to admit, the video does not look good to me. I look intoxicated. I did not stumble, but I can see my body swaying. I was very inconsistent on all of my answers to the questions such as what time did I think it was, and where I was going. I changed my answers more than once, and was not making a lot of sense. My speech also sounds slurred, but it does even when I am sober since English is my second language. It does not look like the video is in my favor at all.
My options:
The prosecutor sunk his heels in, and is offering the following: "DWI-2nd: 2 year probation, $300 fine, complete the two-hour MADD panel, complete recommended counseling (DWI Intervention class), 80 hours of community service, court costs, ignition interlock device for the first year of probation, lose driver's license for the first year of probation, and 8 days in jail as a condition of probation. $1500 per year for 3 years surcharges". Second option is Trial.
I think that a 2nd DWI conviction would be catastrophic to my future career development, because it would be very hard to explain at job interviews why I have two. Jail time is also a deal breaker for me, I do not want to spend any time in jail. However, if I lose my trial, my lawyer had this to say: "if we lost but were still able to obtain probation, the required jail time and fine might be higher. If we were unable to obtain probation after losing at trial, the minimum jail time is 30 days and the maximum is one year. However, I'm confident that we'll still be able to obtain probation even if we lose at trial."
According to my lawyer, with the fact that I drove the wrong way on a street, and a bad video, it would be an uphill battle in court, but can go either way. It has me very concerned. I have some time to decide if I should take the plea deal, or take my chances with a trial jury. Does this sound like a trial-able case?
Thank you in advance.
What happened:
I was visiting a different city – Austin, TX, had some drinks, and drove my car. I became lost in unfamiliar place, and looked for the first street to turn off on to interact with my GPS. I made the first right turn I saw, which unfortunately for me happened to be a one-way feeder road. I quickly realized my mistake, and made another first right turn I saw onto another street. A police officer saw me do this, and pulled me over for going the wrong way. At the time I was pulled over, I had an open beer in my car that was half way full and not cold.
The stop:
Officer asked me if I had been drinking, I said I have had a few, so he asked me to step out of the car. I refused all the field sobriety tests, did not blow into the breathalyzer, and did not submit to a blood test. The only evidence the prosecution team has is the video of my interaction with police, and the beer bottle.
The video:
I have to admit, the video does not look good to me. I look intoxicated. I did not stumble, but I can see my body swaying. I was very inconsistent on all of my answers to the questions such as what time did I think it was, and where I was going. I changed my answers more than once, and was not making a lot of sense. My speech also sounds slurred, but it does even when I am sober since English is my second language. It does not look like the video is in my favor at all.
My options:
The prosecutor sunk his heels in, and is offering the following: "DWI-2nd: 2 year probation, $300 fine, complete the two-hour MADD panel, complete recommended counseling (DWI Intervention class), 80 hours of community service, court costs, ignition interlock device for the first year of probation, lose driver's license for the first year of probation, and 8 days in jail as a condition of probation. $1500 per year for 3 years surcharges". Second option is Trial.
I think that a 2nd DWI conviction would be catastrophic to my future career development, because it would be very hard to explain at job interviews why I have two. Jail time is also a deal breaker for me, I do not want to spend any time in jail. However, if I lose my trial, my lawyer had this to say: "if we lost but were still able to obtain probation, the required jail time and fine might be higher. If we were unable to obtain probation after losing at trial, the minimum jail time is 30 days and the maximum is one year. However, I'm confident that we'll still be able to obtain probation even if we lose at trial."
According to my lawyer, with the fact that I drove the wrong way on a street, and a bad video, it would be an uphill battle in court, but can go either way. It has me very concerned. I have some time to decide if I should take the plea deal, or take my chances with a trial jury. Does this sound like a trial-able case?
Thank you in advance.
