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Old 01-07-2010, 10:34 AM   #1
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Default PLEASE: I need some legal advice by tomorrow

OK, so, let me start by saying that I'm an idiot.

About a month ago, I had gone to a bar over in littleton (the no name, classy joint haha). Over the course of about 3 hours, a friend who I hadn't seen in a while and I split three pitchers. Well, we split the first two pitchers and he and I had a few sips out of the last one. So all in all, I had about 4 beers. I'm about 270 pounds.

Well, I knew that I'd be driving, so that's why I'd started slowing down...We left the bar at about a quarter 1, and I drove my buddy home.

Hopped on 470, heading east, and came to a construction zone. EARLIER THAT EVENING, I'd gone through the same area and there was NOTHING set up. I found out later that they'd set up the weekend zone at about 8 pm. Anywho, I'm driving, and apparently missed the reduced speed sign (i had the cruise control set at 65, construction zone limit was 55). As the lanes merged to one, i passed a state patrol car, who promptly pulled out behind me and turned on his lights. I slowed down, looked for an opening in the cones, and pulled over.

Officer asked if I knew how fast i was going, I said 65. He asked me if I knew the posted speed limit, I said i thought it was 65. He informed me of the limit, then took my license/registration and went to his car. Came back, and asked me if I'd been drinking. I said I had been. He then asked how much I'd had in the last hour, I said two beers. He then asked me to get out of the car and perform roadsides

I've never done these before, so I'm freaking out a little bit. First is the pen test (follow the pen with your eyes). Second, walk ten steps, turn, and walk ten steps back while counting each step. Nailed it. Third, stand on one foot, point other foot out in front of you with hands at your side and count out loud to ten. I'm counting, got to ten, asked him what to do, he said keep counting. So I ended up counting to about thirty without wavering.

NExt, he asked me to turn around, and put me in cuffs. By this time two other officers had arrived, and they informed me that i'm under arrest and would be taken to a center for either a blood or breath test. I asked which one would be better, they informed me that they couldn't tell me anything. SO i said breath. The officers were thanking me for being so cooperative, offering to move my car, get me a dip from my can of chew, etc etc.

Then, I'm with a new state patrol guy, heading off to the detox center. We had a nice conversation about the broncos, drinking and driving, etc etc.

Get to detox, blow a .049. The officer tells me he thinks the detox people won't keep me, SHOULDN"T keep me, because I"m not drunk. Go to the next office over, blow into a handheld breathilizer, and it's a .0323. Into detox I go (the officer tried telling them they shouldn't keep me, but to no avail). Spent the night there, blew triple zeros three hours later. paid 300 bucks, and was released.


NOW.

I've got court tomorrow, and can't afford a lawyer. I got the police report (discovery report as they call it), and noticed that the initial officer administering the tests had written down that I hadn't passed them like a sober person would have. He ALSO wrote that when he first asked me about the drinking that I VOLUNTEERED THE INFORMATION: I'VE HAD TWO DRINKS IN THE LAST HALF HOUR. bull****.

The second officers report talked about how cooperative I was, and that we'd talked about drinking and driving, and how I'd said in the end "I guess you just shouldn't drink and drive".

SO, here we are, and I'm nervous as hell. I don't know what to say to me court appointed attourney, what kind of a deal to ask for, etc etc. The lawyers I've spoken with think that a WORST CASE SCENARIO would be a deferred judgement DWAI, but that it would most likely be dropped to careless driving.
As it stands right now, my ticket says I was charged with speeding in a construction zone, and a DWAI.

I read that if the legal minimum for a DWAI is .05-.079. and that .08 and above is a DUI.

I blew under the legal minimum....

Basically, I know I ****ed up. Honestly, with my weight, and the amount of beer I had, I truly felt in my heart that I was within my rights to drive safely. I understand that the law will see it differently, but I'm looking for any suggestions, answers, numbers to call, websites to visit, WHATEVER, to help me better understand what I need to do tomorrow.

I've gotta get back to work, but thanks in advance for the help.

Cheers

cory
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Old 01-07-2010, 10:37 AM   #2
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You were under the limit but I think during the holidays they run a zero tolerance policy. Not sure anymore but you should have a case if you consistently blew below the DWAI limit let alone the DUI.

Not sure but you should have brought it up sooner as it would have given you more opinions to chose from.

I would fight it. You can choose to have a trial by a jury of your peers tomorrow. Might consider that.
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Old 01-07-2010, 10:37 AM   #3
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Well here in california ..... it makes no difference. Even though the limit is .08 but if you have ANYTHING in your system your busted.

If you have no record prior you could try and get it reduced to wet/reckless that will still kill your insurance but better then a true duce.
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Old 01-07-2010, 10:38 AM   #4
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.its an interesting case

on the one hand, if you get in touch with a lawyer you can get this thrown out...but you don't have the money so I guess you are going to just plead your case to the judge yourself??
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Old 01-07-2010, 10:39 AM   #5
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You go to court tomorrow for something this important and you are asking for help on a broncos message board the day before?

Wow... Good luck on that.
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Old 01-07-2010, 10:40 AM   #6
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I dont have an answer. I just started as a law enforcement cadet in ohio but havent gotten that far yet. Good luck to you
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Old 01-07-2010, 10:43 AM   #7
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Based on my expert legal opinion, you shouldn't have been drinking and driving.
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Old 01-07-2010, 10:45 AM   #8
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Yeah sorry man, asking the day before you go to court doesn't give us much time to help you. I guess you could always get the officer who didn't feel you were drunk on the stand and question him if possible.

Either way, good luck.
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Old 01-07-2010, 10:48 AM   #9
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What steps have you taken so far? I assume this isn't the only one!
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Old 01-07-2010, 10:49 AM   #10
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GET A LAWYER.

If you have to beg or borrow the money. DO IT. It will be the best investment you can make. See if one will take you on with a payment plan, whatever it is, just get one.

You want my other advice - never talk to the cops. Period. They aren't there to help you, they are there to gather evidence to be used against you (whether they get it right or not as you learned).
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Old 01-07-2010, 10:54 AM   #11
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They will appoint you a lawyer if you cannot afford one, first off. Second off....DO NOT BLOW!!! EVER!!! At least in the state of Ohio, it is not required by law, b/c if you don't really have any criminal record, you'll get off with a failure to control or wreckless op, like I did. Best thing is to learn from this and just don't drink if you're going to drive. I did...
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Old 01-07-2010, 10:55 AM   #12
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Quote:
Originally Posted by TheDave View Post
You go to court tomorrow for something this important and you are asking for help on a broncos message board the day before?

Wow... Good luck on that.

The Orange Mane can fix EVERYTHING.
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Old 01-07-2010, 10:58 AM   #13
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Quote:
Originally Posted by ward63 View Post
They will appoint you a lawyer if you cannot afford one, first off. Second off....DO NOT BLOW!!! EVER!!! At least in the state of Ohio, it is not required by law, b/c if you don't really have any criminal record, you'll get off with a failure to control or wreckless op, like I did.
Bad advice. In this case, it was a good thing that he did the breathalyzer. Look at his numbers. Both support his case.

Ohio obviously has a wacked system. In most states that I am aware of, simply refusing the breathalyzer gets you at least a lost license for a set period + fines, etc.
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Old 01-07-2010, 10:58 AM   #14
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Quote:
Originally Posted by kamakazi_kal View Post
Well here in california ..... it makes no difference. Even though the limit is .08 but if you have ANYTHING in your system your busted.

If you have no record prior you could try and get it reduced to wet/reckless that will still kill your insurance but better then a true duce.
where did u get that info from? He broke no laws as I assume he is over 21. If he doesnt hit .08, he isnt drunk. He went 65 in a 55 zone. He gets a speeding ticket. I have been pulled over and told the officer I had a couple of beers (after World Series game) and I dont even think i took a drunk test. I got my ticket and was off to my house. If .08 is a law, then why isnt it .00? Kal, you are giving bad info.
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Old 01-07-2010, 10:59 AM   #15
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Quote:
Originally Posted by ward63 View Post
They will appoint you a lawyer if you cannot afford one, first off. Second off....DO NOT BLOW!!! EVER!!! At least in the state of Ohio, it is not required by law, b/c if you don't really have any criminal record, you'll get off with a failure to control or wreckless op, like I did. Best thing is to learn from this and just don't drink if you're going to drive. I did...

BAD ADVICE!!! In Colorado you have the Express consent law and will automatically lose your license if you refuse! No lawyer can help you with that!
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Old 01-07-2010, 11:00 AM   #16
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Quote:
Originally Posted by Beantown Bronco View Post
Bad advice. In this case, it was a good thing that he did the breathalyzer. Look at his numbers. Both support his case.

Ohio obviously has a wacked system. In most states that I am aware of, simply refusing the breathalyzer gets you at least a lost license for a set period + fines, etc.
You can get the blood test as it is more accurate. In California, you can refuse the test outside of your car. It isnt accurate and I would probably refuse if i didnt know i was intoxicated by the .08 standards.
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Old 01-07-2010, 11:00 AM   #17
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So first they post a law which states that you can drive Legal at .07. The part you have to figure out is the calculation of how much alcohol had left your body while driving to the cop shop + booking time. My friend blew a 033 at the cop shop and thought it would be no problem getting off. However they did the math and showed up to court with it and estimated that he would have been at a .09 or better. Now he got nailed even though his lawyer stated that you can not base a case off of estimation. So basically your screwed sorry man its ****ty but cops can do no wrong.
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Old 01-07-2010, 11:01 AM   #18
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Quote:
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I dont have an answer. I just started as a law enforcement cadet in ohio but havent gotten that far yet. Good luck to you
You better not fail at it or Lex will be back from his banning and rip you a new one. It was Lex, correct?
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Old 01-07-2010, 11:06 AM   #19
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You better not fail at it or Lex will be back from his banning and rip you a new one. It was Lex, correct?
I had no idea he was banned, for what?
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Old 01-07-2010, 11:08 AM   #20
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Quote:
Originally Posted by TailgateNut View Post
BAD ADVICE!!! In Colorado you have the Express consent law and will automatically lose your license if you refuse! No lawyer can help you with that!
That's what they say about Ohio, but a friend of mine is a lawyer (and was my lawyer) says that you are very, very likely to get it dropped if you don't blow. He's had many many cases in SW Ohio and Eastern Indiana and has never had anybody lose their license. I'm not saying that i know the Colorado laws, but I got pulled over for drunk driving back in August and knowing what my lawyer/friend told me I didn't blow. I have no prior criminal or driving record and the court dropped it to a wreckless operation. So I have experience in it. Everybody say that you lose your license for a year, but it's a scare tactic b/c the breathalyzer is the only thing that holds up in court. Also, if you do the other tests HORRIBLY, you are screwed.
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Old 01-07-2010, 11:08 AM   #21
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The Orange Mane can fix EVERYTHING.
he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?
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Old 01-07-2010, 11:09 AM   #22
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Damn. All you can say is don't drink and drive.

Nothing good ever comes from it. They got you by the balls now.
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Old 01-07-2010, 11:10 AM   #23
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Quote:
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he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?
pray that they didn't get you patting the victim on the chest with some obvious undertones on the way to your locker
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Old 01-07-2010, 11:10 AM   #24
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Quote:
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he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?
Plead insanity. For evidence, show your posting history

Sorry, you set it up too easy.
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Old 01-07-2010, 11:11 AM   #25
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he better hope so.

FWIW I'm going to court tomorrow on some trumped up ax murder charges... anyone got any advice?
Plead insanity.

You know we'll all testify on your behalf.
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