Background - I was arrested for DUI in August. My lawyer filed a motion to suppress the evidence based on the grounds that the arresting officer mis-cited me. The court denied the motion to suppress the evidence based on the fact that even though the officer may have mis-cited me, he had probable cause to make the arrest. The court also said that I did essentially "pass" the field tests, but that the "totality" of the situation warranted the arrest. My lawyer has since said that he believes we can appeal the decision based on case law, but that there may be other cases that could "torpedo" the appeal. It also depends on the jury panel drawn. My question is if anyone knows details about this type of situation, their experiences, or any recommendations on how to proceed. Also, the appeal fee for my lawyer is $1400 - 1500 plus 400-500 for the cost of the transcript.
2006-12-28 06:01:16 · 12 answers · asked by Ian 1 in Politics & Government ➔ Law Enforcement & Police
This is my 2nd DUI in six years. The offense took place in Lake County Ohio. Judge is Larry Allen.
Also, I have now become completely sober and have been so for almost 5 months. I realized the gravity of the situation and decided to take a different direction with my life - to not only prevent possibly hurting someone, but to also prevent this nightmare from ever happening again.
2006-12-28 06:45:21 · update #1
winning this case would be a bit harder then you think. this is as u said your 2nd DUI so judge will pay lots of attention to it. If i were you i would probably take all chages u have right now and go with it and don't waste money and time on lawyer that doesn't help. You should’ve learned your lesson from the first DUI. Wonder why you didn’t quit drinking after your first one? So maybe taking all charges and jail is the best option for you. At least there will be no 3rd DUI.
Good Luck with this!
2006-12-28 08:38:12 · answer #1 · answered by Zora 1 · 0⤊ 0⤋
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2016-06-11 05:02:03 · answer #2 · answered by ? 3 · 0⤊ 0⤋
If You actually were Driving Under the Influence unless you have a really good lawyer you might as well plead guilty. In the state of MS you will most likely get 6-12 mos probation and have to take a couple of DUI classes which will run you about $355-$535 depending on how long you will be on Probation. The Pros to this is you will get by cheaper and in less time. The Cons are that the DUI will go on your record and a 2nd DUI offense is much worse. However by the time you pay your lawyer all that money and you end up being convicted of it anyway you will be out a lot more money and you will still have the offense on your record. You can probably look up the DUI offense punishment on your state website. For MS it's MDOC. Good luck!
2006-12-28 06:13:18 · answer #3 · answered by dont_call_me_missy 2 · 0⤊ 0⤋
Risky to spend the money and put your fate in hands of people who may not be able to understand the concept of the law. The probable cause for the stop is what you should have been sited for. This is what they needed in order to stop you and if they didnt site you for it they lost their "teeth" in where they established the probable cause. Your attorney is right you have a good appeal case. The tough question is more are you willing to bet on a jury? With that happening it seems you'd be in a good position where the prosecution would be willing to lower the charge to something like "reckless driving". Still not a good thing to have on your record but sure better than a DWI if the jury would rule against you. This approach will aleast give you something to show for your money atleast.
2006-12-28 06:10:55 · answer #4 · answered by yura_qt 2 · 0⤊ 0⤋
Did you do it? Then why don't you make arrangements to work it out with the court, it could have been resolved by now and you could start to put this behind you. Is this your first offense? Missing some information here? You really should get a second legal opinion before you follow advice on-line. We do not even know what state you are in, laws vary.
Please be careful and remember you can hurt others not just yourself when you drink and drive. Sorry for the preaching but I had to say it.
2006-12-28 06:38:03 · answer #5 · answered by It's been awhile 6 · 0⤊ 0⤋
Hey man to be honest that how the system works more money more money if you don't want it on your record then pay for it if not pay the cheapest way out.....I got a DWI and I'm waiting for it to get knocked down to a DUI and I'm paying my lawyer a ton of money 1200 every time we go to court and im now on my 3rd court date Jan 12
2006-12-28 06:18:24 · answer #6 · answered by Lab Runner 5 · 0⤊ 0⤋
I'd be working with my lawyer, not asking questions on Y!A. Even if an attorney should respond, they can't give you legal advice in this forum as they do not have all of the facts at hand and have not reviewed the court transcripts, etc.
2006-12-28 08:52:27 · answer #7 · answered by Bostonian In MO 7 · 0⤊ 0⤋
I worked for a lawyer for 2 years. Sounds like you're being taken for a ride. Why didn't you just plead not guilty. No jury would convict a guy who passed the field tests. The prosecutor would know that and likely give you a really decent deal or maybe even drop the case. FIND YOURSELF A DIFFERENT LAWYER! Yours is milking you!
2006-12-28 06:16:16 · answer #8 · answered by Anonymous · 1⤊ 1⤋
i doubt you will win an appeal. your mistake was taking the test. they are not accurate,too many things affect the results. i used that to get a DUI thrown out. not because of the test itself,because they gave me three tests and the results varied. i took the test because i knew i was sober(designated driver). it still cost me $700.
mikeysco is right on this though.
2006-12-28 07:06:52 · answer #9 · answered by kissmy 4 · 0⤊ 0⤋
Don't drink and drive; you'll never have to worry about getting a DUI ever again.
Or...
Don't drive like an idiot, pay attention to the mass of metal (or composite material) you're driving. Then they won't think you're drunk, and possibly incorrectly cite you.
2006-12-28 06:14:11 · answer #10 · answered by K 5 · 0⤊ 1⤋