Alcohol & Drugs: DUI, DWI Second DUI Advice

[CincyQ]

I need some advise from you guys, I would not like any kind of speeches, or told that I am an idiot, etc I know I am.

Last night I received a charge of OVI, I am 23 years old. I received a OVI when I was 19 years old so I do have one prior conviction (this is in Ohio by the way). For my first OVI I had to go to a weekend camp, fine, 6 month driving suspension w/ privileges, and the obvious hike in insurance, etc.

With this second OVI, I know I did it and there is no getting out of it, I understand that I broke the law and have accepted that I also know there are consequences to my actions.

Here is what I am trying to decide to do, my court date is tomorrow at 8 AM. I do not have the money for a lawyer, so will have to ask for a public defender. When I called the courthouse today they said that you get the opportunity to talk to the judge so I am trying to decide whether I should do the following;

1) Ask for a public defender

2) Tell the judge I am trying to decide whether to seek legal counsel or simply enter a plea. Is the judge able to tell me what the sentence would be if I were to be found guilty? That way I am not wasting the courts time and money by seeking legal help, a stay, and another court date.

I had a friend in a similar situation and he received 1 year suspension w/ privileges, and the DUI camp, can I expect the same? As if the judge were to give me that I would just plead guilty and get it over with.

Thank You in advance for your advice

 

[army judge]

I need some advise from you guys, I would not like any kind of speeches, or told that I am an idiot, etc I know I am.

Last night I received a charge of OVI, I am 23 years old. I received a OVI when I was 19 years old so I do have one prior conviction (this is in Ohio by the way). For my first OVI I had to go to a weekend camp, fine, 6 month driving suspension w/ privileges, and the obvious hike in insurance, etc.

With this second OVI, I know I did it and there is no getting out of it, I understand that I broke the law and have accepted that I also know there are consequences to my actions.

Here is what I am trying to decide to do, my court date is tomorrow at 8 AM. I do not have the money for a lawyer, so will have to ask for a public defender. When I called the courthouse today they said that you get the opportunity to talk to the judge so I am trying to decide whether I should do the following;

1) Ask for a public defender

2) Tell the judge I am trying to decide whether to seek legal counsel or simply enter a plea. Is the judge able to tell me what the sentence would be if I were to be found guilty? That way I am not wasting the courts time and money by seeking legal help, a stay, and another court date.

I had a friend in a similar situation and he received 1 year suspension w/ privileges, and the DUI camp, can I expect the same? As if the judge were to give me that I would just plead guilty and get it over with.

Thank You in advance for your advice

You are innocent until (and unless) proven guilty.
You are entitled to legal representation.
You are not required to make any statements that would adversely impact your legal position, and your presumption of innocence.

No need to rush to your own lynching.
Slow down, plead NOT guilty, and ask for the court to appoint a lawyer to represent you.
Speak with that lawyer, there may be many things wrong the evidence that the state possesses to show your guilt.

This is only a slam dunk, if you help them knock you out!
DUI cases are complex, and all that exist against you is an allegation.
Nothing has been proven, and nothing may ever be proven.

Wait out the storm.
The officer could have a heart attack and drop dead tomorrow.
The breath sample or blood sample that you gave, may have bene lost, contaminated, or tampered with.

You could win the lottery next week.
Then you could hire your own lawyer.
Okay, you should get my point.

Plead not guilty and see what could happen.
There will be time for you to plead guilty, but now isn't that time!

 

[raskalnikov]

2nd offense in Ohio is very serious. You need a lawyer.

 

[fredrikklaw]

No Reprieve on this one!

Well, it sounds like you have been caught for a second D.U.I. offense while buzzed and thankfully you did not cause an accident or worse, caused a bodily injury or killed someone as the result, in which case nothing on this planet would have saved you from a good stretch in the state prison on a felony charge of vehicular manslaughter.

What you can expect in punishment for this second offense is more or less what the court dished out for your first offense, except the fines are a bit higher and you will be losing your driving privileges for at least one or may be two years since Ohio treats even a third O.V.I. violation committed within the preceding six years as a misdemeanor and not a felony. But as long as they are of the garden variety type. You know; drinking a few libations, then stupidly deciding to drive home buzzed but within the speed limit but get pulled over for not signaling when changing lanes.

And the rest, as they say, is history, but fortunately, you are not and not going to be this time around because misdemeanor convictions which even though carry a maximum sentence of 180 days county jail time, are overtly and routinely suspended in lieu of the completion of the court proscribed probations, orders and the payments of all fines. But while handing down a 180-day jail time for a misdemeanor offense is an extreme rarity and perhaps even infinitely improbable, do not however be too surprised or perturbed to be given a 7-day or three weekend-only lock up time.

That said; do not waste your money, energy, and above all emotions by hiring a private outside attorney to defend what for now and for always will be in all courtrooms across the nation a losing case. You will be appointed a public defender on the day of your arraignment who will take you into a corner and explain what is on offer from the prosecution which will be the run of the mill blah, blah, blah; License suspended, a big fine, MADD seminar, A.A. meetings, group counseling and your are out of there.

Now, while the decision to whether cop a no-contest plea (same as guilty) and be done with it or enter a not guilty plea in order to duke it out, is yours and yours alone, just keep this thought under your hat; you could (and will) complete half of your driving suspension, be done away with all your classes, paid up all the fines and even be getting a conditional license to drive between workplace and home, all before jury selection even begins for a trial you are certain to lose.

The decision is yours!

Good Luck.

fredrikklaw

 

[raskalnikov]

You should consider going to AA meetings and getting signed documentation.

I really think an attorney can help in this situation. Help you prepare by making you look good (by going to meetings, etc.) work on getting you community service instead of jail. There may have even been somethings the officer(s) did incorrectly.

 

[mightymoose]

I can tell you what NOT to do... do NOT go to court and enter a guilty plea.