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Dui


El Karacho1647545492

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I'm not putting this in the Kitchen because this isn't supposed to be a flamefest. This is for a friend.

 

My ex just got arrested for a DUI. She knows she completely fucked up, and she has additionally sworn of alcohol until she's 21. She's a really tiny girl, and apparently at the station (an hour after she was pulled over this morning) she blew a .122, which is pretty damn bad. She was trying to get to work to open, and drunk driving is not a habit of hers. After dating her for 2 years, I can definitely tell when she feels remorse. She said the cop was extremely nice to her and was astonished at her .122 because she seemed so coherent to him in the cruiser. They didn't cite her for speeding, I think just DUI (she said its OVI or something..a minor DUI I guess). What I'm wondering is how I can help her GET A BREAK SO SHE CAN KEEP HER JOBS. She's not trying to get off scot free, and she realizes the consequences, like mandatory classes, license suspension, and raised insurance rates. I just wonder what is the likelihood of her getting privileges for school and work as a first-time offender, because she wants to know what she has coming to her before she gets to court.

 

Feedback? and keep it friendly...she fucked up and she knows, there's no point in being an ass to me about it.

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Lawyer up, it won't be cheap. That's about the only good advice anyone could give.

 

As far as I understand, if she doens't have a bad record, she should get out ok, and definitely get at least privlages. But she will get FUCKED if she doesn't get a lawyer.

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I will need pics to confirm if lawyer is needed.

 

J/K Lawyer is definately the way to go. Seems these days nothing can be done without one, and if you have the money to get one you will pretty much automatically get a lesser charge.

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This is only sort of off topic but I used to drink and drive 5 nights a week and didnt give a shit. Seriously I didn't give a fuck what happened and how trashed I was. But in the last month I've had some kind of change happen to me and I realize how stupid I am. DUI's and the possibility of killing an innocent person scare the living shit out of me. I don't even know how it happened. But now all my friends hate me cuz I crash at there places everynight but atleast I'm not drinkin at driving. If your girl honestly knows she fucked up then I hope she doesnt get to bad of a sentence.

 

My buddy got a lawyer w/ his dui. Lawyer kept tellin him to push it back {lasted for 6 months}..........and then they went to court......my friend got 6 more months of non driving and spent 3 days in jail.

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Most of the people that get caught dont make a habbit of drinking and driving. It only takes 1 time, and then youre caught. OVI is the term for DUI now. Operating a Vehicle under the Influence. That could be influence of anything, drugs, alcohol, pills..

 

As far as any judge being lenient, dont count on it what so ever. Ive seen 50yr old successful business men get the book thrown at them. The best chance she has is going to be legal representation, and even then theres still a chance that she will get nailed.

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Actually a friend of mine pretty much did the same thing in Licking County. He has a spotless record before this. He got the 1 year in jail reduced to 3 days, which got converted into community service. He lost his license for a year, but is able to drive to work and back. And of course fines. With her having a clean record, she should be able to get permission to drive to work and school. School is pretty much garenteed as long as her attendance is good and she gets good grades. And also be prepared to show them that she needs a car to get to work to be able to support herself.
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This is only sort of off topic but I used to drink and drive 5 nights a week and didnt give a shit. Seriously I didn't give a fuck what happened and how trashed I was. But in the last month I've had some kind of change happen to me and I realize how stupid I am. DUI's and the possibility of killing an innocent person scare the living shit out of me. I don't even know how it happened. But now all my friends hate me cuz I crash at there places everynight but atleast I'm not drinkin at driving. If your girl honestly knows she fucked up then I hope she doesnt get to bad of a sentence.

 

My buddy got a lawyer w/ his dui. Lawyer kept tellin him to push it back {lasted for 6 months}..........and then they went to court......my friend got 6 more months of non driving and spent 3 days in jail.

 

 

Or even worse killing an innocent child or entire family. Somebodies mom or dad. Husband or wife. Son or daughter. Maybe taking the life of a 70 year old man, and leaving his wife of 52 years to now go through the rest of her life alone.

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To me, getting a lawyer and trying to fight dosen't show remorse. I would recommend just letting the state appointed lawyer (free) represent her and listen to their advice. They are usually pretty honest about your chances. If they feel you have a case and could plead down then go for it. But Iwouldn't waste a ton of money trying to get out of something you obviously are guilty for. I deal with OVI's everyday and from what I have experienced her best bet would be to show she has responsibilities and is a responsible person. That will get her privilages. People that fight DUIs and have obvious evidence against them (like a BAC of .122) really piss judges off. She will more than likely get suspended jail time, probation, DL supspension, and fines.
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To me, getting a lawyer and trying to fight dosen't show remorse.

 

Suggesting to someone to not get a lawyer is the worst advice you could give someone. State appointed lawyers are hit and miss from what I've heard. Just because you get a lawyer doesn’t necessarily mean you want to fight, but you just want good representation by someone who knows the law and has a reason ($$$$ and recommendations) to want to do a good job for you. Not having one is a sure way to get fucked in the ass without lube.

 

A good lawyer could mean the difference between things like 3 days in jail being replaced with community service and whether you get privileges or not. Just because you get a lawyer doesn’t mean you are trying to completely get out of it. You’re right, that would be dumb to do in this case, it would piss me off if I were a judge.

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Get lawyer, have lawyer talk to prosecuter about plea bargin. If the prosecutor wants to save some $ for the courts, and the lawyer is decent, should be able to get a work privilages and com service in the bargin.

If the prosecutor and judge are both dicks, tell her to invest in a nice bicycle.

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she got drunk in the morning right before work?

Nope, she was partying hard the night before and never put on the brakes.

 

Thank you all for your advice. She wasn't planning on getting a lawyer, so I'll definitely let her know to do that. All your advice is much appreciated.

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Hey, Alex, I faced charges similar to that. She probably is facing prohibition too right? Well, I went without a lawyer facing prohibition and trying to evade the police. I spoke with the prosecutor before hand and worked some stuff out; there is nothing honesty and some well worded apologies can't fix. I pleaded guilty to one charge and took the minimum fine for $100 and $95 in court fee's. If the prosecutor is a decent guy she should be able to plea guilty to one charge and they should drop the other. Like I said, if she goes in respectfully and shows remorse, she should get off with a slap on the wrist. And her record should be exponged in a year like mine as well.

- EDIT

Oh, by the way, jobs are suprisingly much more lenient on stuff like this. I'm yet to have any problems with work situations. Is she a student? That may help as well.

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damn! prohibition? when did they start sending people back in time to serve sentences?

 

"get a dui and well send your ass back to the 20's, bitch!"

Underage drinking charges are teh gay, I'm leaving for canada until im 21 :p

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Underage drinking charges are teh gay, I'm leaving for canada until im 21 :p

 

Zack, he's (DJ's) playing off your apparent typo: prohibition was when the goverment made alcohol illegal several decades ago, probation is what you can face as a legal consequence to an offense and is probably what you intended to type. For what it's worth, if it is a typo, it's deliciously ironic one. :cool:

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I have had a dui once before, almost 5yrs ago. I had a BAC slightly higher than her's, but I was also of age to drink. The only jobs I ever had trouble getting were one's that require driving of some kind, otherwise I've never had a problem having that on my record. Most employers look at that as a reckless op of a vehicle type of thing and don't really care, as long as the person has a good work history. I believe after 3yrs it comes off the driving record so it doesn't really affect a person, but the laws have changed such that it will stay on a person's legal record for 20 years, meaning if she were to get another one she'd be in a world of hurt. As long as that doesn't happen, she's be ok, other than a little less $$$ in the bank.
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I just talked to her. She decided that whatever income she might possibly hope to retain by getting a lawyer wouldn't be worth the cost of a lawyer, so she's gonna take Zack's advice and go in with a humble attitude. I'm almost certain the cop that pulled her over will have written a report that HIGHLY favors her due to her compliance/coherence, so even a dick prosecutor might be lenient on her. She's also living with a dude that can drive her to/from work and the bus will take her to class. Thanks again for all the feedback.
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I don't believe an attorney would be worth it. She'll probably get 3 days in jail over the weekend and 3 day weekend rehab program, usually at a hotel of some kind. probably $1,000-$1,500 in fines and license statement fees, and depending on how many points she had on her license prior and what car she drives, she insurance will go up 25%-50%, the new the car and more points of course it will be higher.
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if you blew a .122, getting a lawyer won't help you at all. you will get work and school privledges since it's your first offense. at this point, unless you know a really good lawyer that says he can't get something reduced to reckless op or something, I wouldn't waste the cash.

you will get probation, loss of license, fines no matter what.

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I don't believe an attorney would be worth it. She'll probably get 3 days in jail over the weekend and 3 day weekend rehab program, usually at a hotel of some kind. probably $1,000-$1,500 in fines and license statement fees, and depending on how many points she had on her license prior and what car she drives, she insurance will go up 25%-50%, the new the car and more points of course it will be higher.

I thought the jail time was only for .17 and/or repeat offense?

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Zack, he's (DJ's) playing off your apparent typo: prohibition was when the goverment made alcohol illegal several decades ago, probation is what you can face as a legal consequence to an offense and is probably what you intended to type. For what it's worth, if it is a typo, it's deliciously ironic one. :cool:

 

thanks doc. usually the jokes no fun if it requires explanation.

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Zack, he's (DJ's) playing off your apparent typo: prohibition was when the goverment made alcohol illegal several decades ago, probation is what you can face as a legal consequence to an offense and is probably what you intended to type. For what it's worth, if it is a typo, it's deliciously ironic one. :cool:

Thanks, Doc, irony at its best. 8)

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