Alcohol & Drugs: DUI, DWI underage consumption, legal advice

[kate7287]

I need some legal advice on an upcoming court date. I was driving down my street and was pulled over and the cop said he "gave me a break" after listening to me talk and was not going to give me an OVI, but a speeding ticket and underage consumption. I am looking to get a public defender and plead not guilty. I was wondering if you think this would just hurt by pissing off the judge or if it would help to reduce my license suspension. I got a DUI 2 and a half years ago and haven't had any problems since then, same cop that pulled me over this time, same spot in front of my house.... need some advice

 

[seniorjudge]

Q: I was wondering if you think this would just hurt by pissing off the judge or if it would help to reduce my license suspension.

A: My ESP tells me to go for your own benefit and down worry about the judge.

 

[kate7287]

i dont really know much about the legal system and im not sure what to do.. when i called about the public defender they said remember to plead not guilty. I am just worried that not knowing enough about all this stuff is going to be to my detriment because if i plead not guilty im just going to make the judge mad who's going to be doing my sentencing..

 

[seniorjudge]

If you plead not guilty, then that means you want a trial. Ask for a public defender (or hire your own).


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.

 

[kate7287]

well if they are charging me with underage consumption... what is a lesser charge than that.. all i want to make sure is that my license isn't suspended for an extended period of time again. When i got the DUI over 2 years ago it was gone for a year, and i just got a good internship that i cant afford to lose and i wont be able to get back to college in the fall.. is there something I can say that will help lessen my suspension time? especially since this isn't the first time a similar offense like this has happened with me. Thanks for all the help im just really nervous. Courts make me woozy