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 Message Boards » » Getting Out of a DWI? Page 1 [2] 3 4, Prev Next  
umop-apisdn
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Quote :
"If you drop good lawyer money, you will get off."


Are we talking hookers here, or are we talking about the guy that is bitching because supposedly the one person who would drive him around in this world to get to places won't be able to drive?

3/3/2012 1:02:26 AM

saps852
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and both you and your horse would be way off base

3/3/2012 1:02:41 AM

Kickstand
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Dropping good money on a lawyer doesn't guarantee you get off. Some judges are assholes and some don't even know the word of the law. Having a lawyer is much better than defending yourself though.

3/3/2012 1:03:40 AM

saps852
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I was in court one day and watched a guy plead guilty to a dwi with no lawyer. The dude ran off the side of the road and was out of his car with keys in his pocket by the time the cops showed up and arrested him. He could have gotten out of that in a heartbeat with a lawyer.

3/3/2012 1:05:51 AM

GeniuSxBoY
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Quote :
"I was in court one day and watched a guy plead guilty to a dwi with no lawyer. The dude ran off the side of the road and was out of his car with keys in his pocket by the time the cops showed up and arrested him. He could have gotten out of that in a heartbeat with a lawyer."



speculation

3/3/2012 1:08:33 AM

saps852
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not at all, because they same thing happened to me and the cops didnt give me a dwi because they knew it wouldnt stick, they just gave me a ride home

unfortunately I've had a bit of experience with this and its clear you havent, just stop

3/3/2012 1:10:16 AM

TreeTwista10
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if you drunk drive tonight you could probably avoid one in the first place...at least in Charlotte, its raining really hard so cops are probably less likely to pull you over when they have to stand out in the pouring rain

3/3/2012 1:12:01 AM

GeniuSxBoY
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Quote :
"not at all, because they same thing happened to me and the cops didnt give me a dwi because they knew it wouldnt stick, they just gave me a ride home

unfortunately I've had a bit of experience with this and its clear you havent, just stop"



All circumstances surrounding a case are incidental.

3/3/2012 1:14:42 AM

saps852
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they are, which is another reason why getting a lawyer is a great idea


but one thing is certain, you cant be convicted in nc with a dwi unless you are in the car and the keys are in the ignition

[Edited on March 3, 2012 at 1:21 AM. Reason : unless youre an idiot and dont hire a lawyer]

3/3/2012 1:16:13 AM

GeniuSxBoY
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poast.

3/3/2012 1:19:02 AM

umop-apisdn
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Not that I condone it (he eventually proved he didn't learn his lesson and got caught), but I had a roommate who drunkenly wrapped his vehicle around a light pole in someone's yard. Even though the landowners came out to make sure he was alright, he was able to walk away...and home. More amazingly, he took his brother's car and drove back by shortly after, with the cops on scene. As far as I know, the cops never even contacted him. Does "leaving the scene of an accident" only apply if more than one vehicle is involved? This was in a 25mph zone, and you probably have a rough estimate of how fast one would need to drive to literally wrap a vehicle around a pole.

3/3/2012 1:24:34 AM

saps852
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I have a friend who flipped his car on varsity a few years ago (there was even a thread about it) he didnt get shit because he was out of the car and walked hoim by the time the officers came, he walked back a bit later while the cops were still there for the tow truck. nothing

3/3/2012 1:28:26 AM

jaZon
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Hell, while we're telling stories, I saw a guy plead not guilty for a dui charge where the cop pulled him because he was throwing beer cans out of his window at 8am. He even admitted to having been on a 12+ hour bender and fucking got off...most ridiculous shit ever. The lawyer was the dudes brother-in-law...I wonder if the judge owed him a favor. lol

Same day, different case, cop admits to not giving the kid the mandatory 30 minutes before the test...kid gets level 2 even though no one else was involved and he blew a .09

3/3/2012 3:50:51 AM

ncstateccc
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the only thing they can do is keep getting the case continued and hope that the cop does something really stupid.....getting a dui because of being in a wreck is easier to get out of than being pulled over because they have to prove who was driving the car and chances are there weren't any cops around when wreck happened

3/3/2012 5:27:21 AM

budlight2256
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Quote :
" better call saul "


that is why i stay at home or find a dd. shit sucks

3/3/2012 5:37:11 AM

Skack
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I saw a 21-23 year old get absolutely reamed by a judge for cranking his car and laying the seat back in the parking lot of a bar. He thought he was doing the right thing and had no idea he could get a DUI in a parking spot. His car was impounded and he owed $1500 in impound fees. The judge had a little hissy fit because the kid was going to surrender his car to the impound lot due to not having enough money to get it out. During his little tirade the judge told him he could get a permit to drive to work when he paid the $1500 impound fees, but until then he was fucked. The kid was extremely respectful and apologetic the whole time.

No way I'd stand in front of a judge on a charge like this without a lawyer after seeing that shit.

And I really didn't think geniusboy was the type of guy to put a lot of faith in the court's discretion.

[Edited on March 3, 2012 at 10:34 AM. Reason : l]

3/3/2012 10:18:36 AM

GeniuSxBoY
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Quote :
"And I really didn't think geniusboy was the type of guy to put a lot of faith in the court's discretion."



It's not that I have faith in the court's discretion.

It's that I have equal faith that courts and lawyers work way too close for comfort.

Since when in the constitution does it say it you need a lawyer to protect yourself?
Why is law so "difficult" to understand that you can't defend yourself?
Why do you feel that having a lawyer is a guarantee to getting your sentence reduced or abolished, but you feel you have absolutely no chance at defending yourself?
Why do chose to spend more money on a lawyer when the fine will probably be less than the lawyer himself? Maximum sentences are rarely given out on first offenses.

Lawyers are pretty useless for traffic violations. When I say useless, I mean there's nothing the lawyer can do that you can't do yourself.

I do believe that if you can't afford a lawyer, there are programs to get you one for free or at reduced price. If you want to play the poor card, this will definitely help get you out of some big fines. If you make enough money to pay, then pay it. Honesty is the best policy and fraud is fraud.

[Edited on March 3, 2012 at 11:11 AM. Reason : .]

3/3/2012 11:09:50 AM

LivinProof78
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there is so much tremendously WRONG information is that post...

SO MUCH WRONG...

WRONG...WRONG....WRONG...

[Edited on March 3, 2012 at 11:16 AM. Reason : TREMENDOUS]

3/3/2012 11:15:56 AM

djeternal
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I got out of a DWI, but it was pure luck. My lawyer kept continuing it until finally the Judge said "This is the last one, we will have to hear this case next month". The next month rolled around and the cop didn't show up, so the judge dismissed the case.

If it is "your friend's" first DWI, he should be able to get a provisional license to drive for work.

3/3/2012 11:18:47 AM

GeniuSxBoY
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Quote :
"there is so much tremendously WRONG information is that post...

SO MUCH WRONG...

WRONG...WRONG....WRONG..."



Not to a constitutionalist, it's not.

Maybe in your America that exists right now is it.

3/3/2012 11:21:59 AM

LivinProof78
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i hate to be the one to tell you this...

i know this may come as i shock to you...


are you ready....


you're living in this America too...


i'm sorry I had to break it to you like this

3/3/2012 11:31:30 AM

GeniuSxBoY
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Actually, based on the information that I've presented, my information works for me.


Common sense > mythology about lawyers and court systems.

3/3/2012 11:32:51 AM

djeternal
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To be honest, it doesn't depend on the lawyer as much as it does on the judge.

But the better lawyers know how to manipulate the schedules to get the easiest judges.

3/3/2012 11:37:38 AM

Big4Country
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Quote :
"Please tell me this asshole isn't trying to circumvent the law so he can keep a ringer for his meaningless adult league* soccer team.

* All adult leagues are meaningless, including the ones I play hockey in."


He isn't, but I don't want to lose him for 2 seasons.


At least he didn't do like the guy in my Spanish class at NC State back in the spring of 2008. He was an engineering major and got really drunk on his 21st birthday. Then the next morning while driving drunk to school to go to Spanish class, he hit a woman riding a bike and killed her. The cops arrested him for a DWI at about 11 am when our class would have been starting. The university kicked him out and his plans were to go to Methodist and become a sociology major.

http://www.wral.com/news/local/story/3413412/

3/3/2012 11:42:27 AM

Snewf
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hahaha reading comprehension

YOU, sir, were the asshole

3/3/2012 1:23:29 PM

JT3bucky
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This thread is full of troll and dumb.

3/3/2012 2:06:32 PM

jaZon
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Quote :
"To be honest, it doesn't depend on the lawyer as much as it does on the judge.

But the better lawyers know how to manipulate the schedules to get the easiest judges."

3/3/2012 3:17:03 PM

BanjoMan
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It really annoys me how people in the "know how to" bracket or the wealthy as shit bracket can get these off their record and get back to driving in no time. Where as everyone else has to poney up about 4 gs and sit through a year of probation before they can get back on the road again.

3/3/2012 3:25:12 PM

bottombaby
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Angry poor people itt.

3/3/2012 3:29:16 PM

NCSUStinger
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here's a thought:


DONT DRINK AND DRIVE ASSHOLE!!!

3/3/2012 3:30:12 PM

BanjoMan
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It's not me, just for the record.

I don't drive drunk.

3/3/2012 3:39:48 PM

jaZon
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banjo, just pay the fucking fine and serve your punishment

3/3/2012 3:55:29 PM

Big4Country
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Quote :
"It really annoys me how people in the "know how to" bracket or the wealthy as shit bracket can get these off their record and get back to driving in no time. Where as everyone else has to poney up about 4 gs and sit through a year of probation before they can get back on the road again."


Yeah, I know a lawyer who is an alcoholic. He's had 3 DWI's and never lost his license. I also heard of another lawyer who was told to never worry about paying to get his car inspect since he knew all of the other traffic court lawyers and judges.

3/3/2012 4:03:54 PM

Restricted
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Quote :
"you cant be convicted in nc with a dwi unless you are in the car and the keys are in the ignition"


mmm...that is incorrect.


Quote :
"cop admits to not giving the kid the mandatory 30 minutes"


30 minutes is only required if lawyer/witness is called and it starts once the right are read.

3/3/2012 4:44:02 PM

saps852
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let me rephrase, any lawyer worth his salt would be able to get you off in that situation. Didnt really mean you couldnt be convicted because I had just told a story about a guy who did get convicted under those circumstances.

3/3/2012 4:52:23 PM

Restricted
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Yes, because that's how it usually goes on here.

Quote :
"any lawyer worth his salt would be able to get you off in that situation."


Another incorrect blanket statement.

[Edited on March 3, 2012 at 5:20 PM. Reason : ...]

3/3/2012 5:18:04 PM

Skack
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Quote :
"Why do chose to spend more money on a lawyer when the fine will probably be less than the lawyer himself? Maximum sentences are rarely given out on first offenses. "


One good reason is to keep a clean criminal record. Employers and schools put varying amounts of weight on these things, but most will at least consider it as part of their HR processes. In an economy like this you don't want to be the guy with the criminal record who has to compete with a dozen equally qualified candidates with clean records. It may not seem right to have to pay for a minor crime for the rest of your life, but it's the world we live in.

I agree with the other statements about the tricks of the trade (such as which judge to go in front of, etc.) It's a lawyer's job to know these things. I wouldn't expect a lawyer to be very good at configuring or securing storage networks. Likewise I wouldn't try defend myself on a charge that could seriously impact my life.

[Edited on March 3, 2012 at 5:27 PM. Reason : s]

3/3/2012 5:25:14 PM

saps852
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I'm not going to argue with you, I've seen this happen three times so take it for what its worth

3/3/2012 5:26:28 PM

Str8BacardiL
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Anyone who goes to court without a lawyer is a dumbass.

3/3/2012 5:28:58 PM

jaZon
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Quote :
"30 minutes is only required if lawyer/witness is called and it starts once the right are read."


funny part is phone records were entered into evidence showing the kid made calls to a lawyer and a friend

3/3/2012 5:31:54 PM

jbrick83
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I think even an attorney who is doing his first DWI case can get you out of a .09 if he has done his research.

Fuck your soccer team though.

3/3/2012 5:32:36 PM

Big4Country
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So I was told tonight that the cop didn't even give him a chance to walk the line, stand on one foot, or shine his flashlight in his eyes. He went straight to the breathalyzer test which is not how cops are supposed to handle these situations. His lawyer told him they could fight that in court, but they probably won't win.

3/4/2012 12:07:45 AM

BubbleBobble
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your friend fucked up man

what are you expecting

3/4/2012 12:08:57 AM

Big4Country
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^No doubt about it. It just sucks that it happened.

3/4/2012 12:10:43 AM

Restricted
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Quote :
"So I was told tonight that the cop didn't even give him a chance to walk the line, stand on one foot, or shine his flashlight in his eyes. He went straight to the breathalyzer test which is not how cops are supposed to handle these situations. "


You have to be certified in those tests; if you aren't certified can't give them.

3/4/2012 12:53:02 AM

TreeTwista10
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what percentage of cops would you estimate are certified in those tests? i'd expect the vast majority, but honest question

3/4/2012 12:56:22 AM

jaZon
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Lots of cops don't even fuck with them. They aren't necessary.

3/4/2012 5:22:31 AM

bmel
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I think about all cops have to take a breathalyzer class. I was pulled over at NCSU and the cop immediately made me take a breathalyzer. I was so annoyed.

3/4/2012 10:49:45 AM

mawle427
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Also, it is in no way beneficial for a person to perform any roadside sobriety tests. Also, never answer directly the question of "Have you been drinking tonight?". You Answer with something along the lines of "Officer, I would like to go home, so if you can just cite me for whatever you pulled me over for, I would appreciate it so that I can be on my way."

The roadside sobriety tests are their way of gaining more evidence against you for court. You doing awesome on three of them doesn't change the fact that you stumbled while walking the line.

Also, if they feel that you are intoxicated, but aren't appreciably impaired, they will elect to not give you the roadside tests, since if you pass them all, they are screwed in court. However, all they have to do is note that the conditions were not safe for you to perform them and the question of why they didn't do them is pointless to even ask in court.

To the OP: Upon being charged with a DWI, you must surrender your license (this is normally done in the form of them taking it from you). Your full driving privileges are surrendered for 30 days. After 10 days you can choose to go pay $100 to obtain a limited driving privilege to allow you to drive in order to work and maintain your household. In order to do this, You cannot have had any prior conviction for any type of impaired driving and you have to have gone and paid $100 to get a substance abuse assessment done and enrolled in a counseling program. You will have to do this eventually, and it is a mitigating factor in sentencing, so you might as well do it now. At the end of the 30 days, you can go to the court house and retrieve your full license for $100 and you can then drive whenever you please.

If you do not get a lawyer, you have at most 2 or 3 continuances until they will mark it as the last continuance and you will be forced to try the case the next time. If you do get a lawyer, they will normally keep finding ways to get it continued for a long time. A year or more is not unheard of. This gives you time to A) get an assessment done and complete the assigned hours of drug and alcohol counseling/classes B) perform community service beforehand in order to avoid the $250 charge that you have to pay if your community service is set up by the county.

3/4/2012 11:03:23 AM

Biofreak70
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I couldn't have said it better, Thomas.


Another couple of tricks (that it is too late for now, but can be used by others) is that you don't have to have you car impounded (unless you have other charges that make it so), and you can have someone come pick it up for you, giving you an hour for them to get there. Then when you get to the court, you can request your own witness for the breathalizer, giving you another hour for them to arrive. This is all useful only if you think you are right on the edge. if you are drunk, you are drunk and shouldn't have been driving in the first place.


DON'T DRINK AND DRIVE...

3/4/2012 11:46:19 AM

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