Most judges will not even hear a dui case without a lawyer being present. Yes you need a lawyer. No you will not end up in jail. Yes it will cost you some $$$, especially in fines and penalties. And the most important part is hopefully > YES< you learned a very valuable lesson GL hope everything works out.
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Quit losing sleep over this, your gonna need it to do comm. service...lots of it, unless you wanna pay high fines. At least in CA that is your option, pay the fines,work it off (comm. service) or pay half fines and half comm. service. Go to their mandated classes/ meetings and dont miss or be late on any of it, that will cause an equal size headache. Like you said "Idont drink all that often" so doing that and NOT driving should be cake, you just have to jump some hurdles and serve a little probation (dont get froggy and phukk that up) and you'll be alright.Comment -
Most judges will not even hear a dui case without a lawyer being present.
I disagree.Comment -
take the public defender then on first offense.
Second offense hire a lawyer.Comment -
^lol....you should become a dui advocate RickasComment -
Like it was said by Richkas, do NOT hire a lawyer unless your loaded, use a public defender THIS time.Comment -
Had 5 of themComment -
I got one over the summer... My lawyer (1st year law school professor) told me that if you are not sure if you can beat it, or get close then ALWAYS refuse for your first. In NY they have aggrevated DWI if you blow over a certain amount. I lost my license immediately, got a hardship license for work and school. Because of the county I live in they dont offer plea deals on DWI so it was either plead guilty or take it to trial, since I didnt blow and they dont have any physical evidence I was intoxicated we took it to a bench trial and I got a DUI. It is a traffic violation. Paid $750 in fines, got a conditional for 90 days, had to go to alcohol counseling, ALWAYS go to a private place, not public. And now I have my full license back and I onyl have a violation on my record...Originally posted by Casperwaits
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Also, TAKE A CAB NEXT TIME!!! My girlfriend was waiting for me at home to pick my ass up but I decided to drive anyways and cost me $5k after all said and done... Weird thing, my insurance rate DROPPED $40 by switching to Progressive from Travelers WITH my DUI... Weird right??Comment -
I have had 3 DUI 1 Aggrevated DUI and 1 APCComment -
Originally posted by bbyhill
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I got the APC and 1 week to the day later I got my 3rd DUI nad it was the AggrevatedComment -
Originally posted by Richkas
Guys hate to tell you this...a public defender is a lawyer too!
As I said you will need a lawyer! A public defender/still a lawyer can only be appointed if you cannot afford to hire an attorney. But still is a lawyer!
Here you go...just to avoid a disagreement>
A public defender is a lawyer who works full time representing criminal defendants who cannot afford to hire an attorney. Public defenA public defender is a lawyer who works full time representing criminal defendants who cannot afford to hire an attorney. Public defenders are usually paid by the state or the local counties in which the person is being prosecuted or by the Federal government if it is a federal prosecution.ders are usually paid by the state or the local counties in which the person is being prosecuted or by the Federal government if it is a federal prosecution.Comment -
my friend just got one like two weeks ago, he lost his liscense for 8 months and paid about 1200 in fines. He blew a similar .2Comment -
Thanks for all the replies. I will do a video and chronicle my soon to be troubles so that it can be archived when other degens come in here and are on the rocks.
Florida law is scary in this regard that's why I have lost so much sleep, talking to 2 lawyers who said because of what I blew I will look at some jail time without their services scared me too...
Thanks for the well wishes and whatnot... what kills me is the town I live in "Port Charlotte FL" does not have any cab service past 11pm... (they make enough off old folks during the day I guess). Also, I was only 2.1 miles from home but a complete idiot for trying to drive. The worst part is I failed to signal a lane change that is why I got pulled over.
Below is the law and why I am a little nervous and really scared. I left out the part about DUI school since that is mandatory. Props go out to Amby for helping me feel better about my choice to look into AA groups already.
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.Fine Schedule s. 316.193(2)(a)-(b), F.S.
- First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
- Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
- Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
- Fourth or Subsequent Conviction: Not less than $2,000.
Community Service - s. 316.193 (6)(a), F.S.First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.Probation - s. 316.193 (5)(6), F.S.First conviction, total period of probation and incarceration may not exceed 1 year.Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.- First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.
- Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
- Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
- Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.
Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.Conditions for Release of Persons Arrested for DUI-s. 316.193 (9), F.S.
- The person is no longer under the influence and;
- The person's normal faculties are no longer impaired
- The person's blood/breath alcohol level is lower than 0.05; or
- Eight hours have elapsed from the time the person was arrested.
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Dont sweat the small stuff, you'll be fine
. Go to the DUI school/Alcohol ed. class, pay your fines, do comm. service and dont get caught driving while on suspension drunk or not.
And if all this seems like a lot (kinda overwhelming) and scary ask yourself if you wanna do this again- times 2- next time your only 2.1 miles from home.
Good idea on AA classes or whatever works for you, but AA classes might be part of punishment, so get a jump start. At least you can show your public defender and say this "Your sorry and trying to be proactive".
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Yes I got 2 within a 3 months span when I was in college. If I had gotten another it is supposedly mandatory that I do 3 years in Prison. Be careful, I dont know what the rules are now, but they will probably fine you and you will have to take a class. Atleast, that's what happened to me the first time.Originally posted by xstud
P.S. Damn Florida has soft laws on this.Comment -
Don't listen to them get a lawyer and pay for it at .214 that is aggrivated dui, I don't know florida law but in va anything over .20 is mandatory 10 days in jail, get a good lawyer to set the facts all straight I got a dui 8 months ago and refused to blow paid 3500 for a lawyer and all charges were dropped, I likean idiot got another dui 3 weeks after my other one was dropped and blew a .13 this time, blowing is never a good idea unless you are pretty sure your sober I have court wednsday the 28th for this one. Lawyer UP!Comment -
Yeah, I can't believe how lax the Florida DUI laws are compared to California. I wasn't even driving on a public road, just out in the forest headed to a campsite, BAC of .11, and I literally got a new butt-hole for the privilege.
Jail time, $3,000 fine, community service, 18 months with no license, $900 worth of alcohol classes, mandatory AA meetings, and 5 years of probation on top of it all. And this was my first offense with .11!
I got a public defender, and don't think I'll be doing that again anytime soon, I knew when he walked into court to defend me with no tie and uncombed hair that I was in for a rough day. Good luck, Stud.
Originally posted by StraitShooterComment -
Drinking and driving is criminal. Not only you are endagering your own life but also the life of innocent children.Comment -
Stud I have had my fair share of trouble with the law. In fact I was charged with possesion of an illegal substance in my house ( door kicked in by narcs) and had to go through all the same punishments as a DUI. I lost my license ( with no permit due to drug posession), jailtime, probation, piss tests every 2 weeks, had to attend DUI school, etc...
this was my second offense and I didnt get a lawyer.
The first time I got a lawyer and he milked me for about 3 grand.
If this is your first offense look into getting into "Pre Trial Intervention". Fla should have a program similar to this but that is what its called in GA. Bascially its like probation but with not as many hoops to jump through. and if youi finish the program (usually 6 months) your record will be cleared.
I got into this program my first offense but got in trouble again and was sent back to court and kicked out of the program.Comment -
Drunk driving is a preventitive crime not a crime in itself imo it should be unconstitutional first off you are presumed guilty at .08 which is wrong because different people handle different amounts of alcohol differently and two if you dont hurt anyone it should not be a crime. If I drive drunk and kill someone or hurt them throw the book at me but if noone is hurt it should not be illegalComment -
I live in Florida and, uh, my friend told me exactly how it goes.Originally posted by xstud
You will have 12 hours of drivers school. About 240 bucks.
A meeting with a psychologist. 2 hours. $45
Who refers you to a seperate center for:
At least 10 hours of group therapy. Possibly more, but 10 minimum. $20/meeting. A one on one intake meeting with a counselor to get you into group. $35. A midterm one on one meeting after about 5 group meetings. $35. An exit one one on one after you complete all your assigned meetings. $35.
A urinalysis. Not random, you go when you want, so it's pretty stupid. Another revenue stream for the 'system. $45
Depending on county, car impounded for 30 days or something.(daily charge to be paid when you get your car back. My county doesn't do that.
50 hours community service or buy it out for $500. That's what my friend did.
Attend a MADD victim impact panel. $20
Including that $500 if you pay out of Community service, fees/fines/court costs around $1700.
A good lawyer-$3500.
People will tell you it's ridiculous to pay that much or to even get a lawyer, but get a lawyer, the best you can afford. Your head will be spinning at all the bullshit 'tasks' and appointments and requirements they throw at you. You won't know what to do without some help.
With your BAC, you'll be borderline for the steering wheel lock thing where you blow to start the car and then pull over every thirty minutes of driving to blow again. It gives you a couple minutes warning, but if you don't stop, the car turns off wherever you happen to be. That thing's about $800 and something like $60/month. That's a good example of where a lawyer comes in, to fight hard against that with the prosecutor.
That other guy above doesn't know what he's talking about regarding refusing to blow, at least in Florida. My friend refused. Refusing in Florida is an automatic 1 year license suspension and almost a guaranteed DUI if they have any evidence whatsoever.
With refusing, you drive on your ticket as a hardship license (work, school, church) for 10 days, then go to an office and get a paper permit to drive as a hardship for 51 more days, then 90 days of no driving whatsoever, then apply for a regular looking license to serve the rest of your year(from the date of offense) as a hardship.
Then finally apply for a license that is not restricted.
Good luck. It's a major pain in the ass. I heard.
Good luck.Comment -
Kosar very solid advice...great post. Xstud, you are a young guy believe me no one here is an angel. Not even these lawyers, but you will need one. Learn from it and move on, you will be ok. GL with everything and I think what Kosar said is probably close to what you can expect.Comment -
what a country,
You ****s are scaring me straight.
**** driving. Another tool for the man to **** you in the ass with.
Pay for car,
pay insurance
pay scumbag mechanics
emission tests
and for what? so the cop can pull you over and give you a shit load of problems? so that you can drive to work and make $ for some rich bastard?
man they got you by the balls. and making $ at every end.bird bird da bird's da wordComment -
You said in a previous post you feel like shit. You should. You wan't people to feel sorry for your ass,and your all worried about getting ass raped for 9 months. The pain you would have caused a family after killing a loved one stays with them forever. your sorrry ass will heal.Comment -
Originally posted by wild willy
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So If drive by your house and empty 10 magazines with my AK-47 on you but no bullet hits you I wouldn't be charged with a crime.Originally posted by topgame85
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great post reno
your spot on
i live in a country where you dont need a car, public transportation is sweet, clean and safe
why doesnt the usa do this is beyond me, i know why, but that is another storyComment -
It is illegal to shoot in city limitsOriginally posted by pavyracerSo If drive by your house and empty 10 magazines with my AK-47 on you but no bullet hits you I wouldn't be charged with a crime.Comment -
And driving above the DUI limit too.Originally posted by pimikeComment -
Originally posted by pavyracer
Only stupid people drive if they may be over the limit. With the laws it is just plain stupid.Comment -
Originally posted by wild willy
Name one time I was asking for people to feel sorry for me? I have called myself an idiot several dozen times. I am not looking for sympathy, just looking for what to expect.
I have not asked to get away with this or anything of that sort... not to mention I also posted "thank god nobody got hurt".
Everyone makes errors in judgement and this was one of mine... lay into me all you want but get your facts straight before you do. the absolute one thing I have not said is "why me, why did this happen to me" or any variation of it....
I drank, I drove, I will pay the price. I absolutely would love to not do any jail time but as of right now I have to expect the worst which would include that.
so next time when you feel like coming into a thread and trying to kick someone when they are down at least try to kick me about "hey this will cost you thousands of dollars and you will be broke" since I have mentioned I don't have a ton of extra money laying around.Comment -
Bottom line you can expect a 5 years probation, 10,000 in fines licensed suspended, Sr22 filing in order to drive to work. DUI classes.
NO JAIL TIME. I didn't read everything, but I did see noone got hurt, so I assume no accident.Comment -
Your right sorry. how foolish of us, it would be so much cheaper for a family to put to rest a couple of loved ones . since they would certainly have lots of money laying around.Comment
