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 Message Boards » » DWI in Wake County(ADVICE) Page 1 2 3 [4], Prev  
UJustWait84
All American
25821 Posts
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the details of how/why you got pulled over are going to be totally irrelevant to the judge. you drove drunk and got caught red handed. you're unlikely to get off on technicalities that are difficult/impossible to prove. it's the cop's word against yours and you are fucked proper. yeah, you can be angry that the cop is lying, but what do you expect? seriously.

2/1/2015 12:39:17 PM

sag1804
All American
914 Posts
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For everyone who has posted that doesn't know, what he stated was that he got pulled and why. If you have a decent enough lawyer and he finds one thing wrong with why they pulled you then everything after that doesn't matter. AT. ALL.

2/2/2015 2:15:24 AM

BlackJesus
Suspended
13089 Posts
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Except this just happened.

http://thinkprogress.org/justice/2014/12/15/3603686/supreme-court-if-youre-a-cop-mistakes-about-the-law-wont-stop-your-drug-bust/

Doesn't matter why the cop stopped you, he could say "I stopped him because he was looking suspicious".

2/2/2015 8:12:54 AM

joepeshi
All American
8094 Posts
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How long is probation for a minimum conviction?

2/3/2015 2:53:26 AM

ncsuallday
Sink the Flagship
9818 Posts
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Quote :
"Level Five DWI Punishment: N.C.G.S. ยง 20-179(k)

Imposed if:

No aggravating or mitigating factors are present, or

Mitigating factors substantially outweigh any aggravating factors
Fine: Up to $200
Jail: Minimum of 24 hours, maximum of 120 days
Term of imprisonment may be suspended, but the suspended sentence must include:
Imprisonment for a term of at least 24 hours as a condition of special probation; OR
Community service for at least 24 hours; OR
Any combination of the above
If probation is imposed, it will include the requirement that the defendant undergo a substance abuse assessment and related treatment or education, along with any other lawful conditions of probation the judge should choose to impose.
"

2/3/2015 1:41:46 PM

Doss2k
All American
18474 Posts
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Am I the only one who would rather just take 24 hours jail time than 24 hours of community service? Maybe its just knowing you are losing it all at the same instance whereas community service would probably take 3-4 days out of your schedule to get 24 hours in.

2/3/2015 2:38:24 PM

Beethoven
All American
4080 Posts
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And you can do your 24 hours of jail time on the weekend, and just get it done.

2/3/2015 3:05:41 PM

Str8BacardiL
************
41754 Posts
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I personally would rather do 3-4 shifts picking up trash or doing the helping people in the paddle boats at the park than 24 hours in jail.

I can understand some general fuckup or lowlife declining a long probation term because they know they will never piss clean or follow all the other rules, and end up dragging out the punishment much longer, in that case it makes sense to take the much shorter jail term and be done with it.

If you have any control over your actions and any self respect you probably are gonna want to avoid jail though.

2/3/2015 3:12:57 PM

sag1804
All American
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I don't EVER want to spend a night in Jail, EVER. I will gladly go to the food bank and other things to help people and be a good person. Then again, some cops have done pissed me off these days to the point I am POSITIVE I would never want to be in jail

2/3/2015 4:26:34 PM

ncsuallday
Sink the Flagship
9818 Posts
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this kid I know from high school did three months in jail versus probation because for some reason they'd let him have his xanax perscription in jail but it violated the terms of his probation if he were to choose that route. that's just insane to me. no, he didn't need it for legitimate reasons, he was just a drug addict that would rather have his fix in jail than be without it on the streets.

2/3/2015 5:44:25 PM

TreeTwista10
minisoldr
148441 Posts
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24 hours in jail seems pretty easy compared to taking chunks out of multiple days to do community service. I mean you're not going to federal ass rape prison for a DWI. Still, I'd probably opt for the CC, unless you're in a time bind.

[Edited on February 3, 2015 at 5:48 PM. Reason : .]

2/3/2015 5:48:18 PM

Kickstand
All American
11597 Posts
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I know someone that got about a 1 week jail sentence for his 2nd DUI. All he had to do was show up at the jail on several occasions and spend the night. He got to eat hot meals, watch cable tv, and hang out and do his homework. He got his shit together after that, but that probably doesn't prevent recidivism for a lot of people.

2/3/2015 6:49:26 PM

Flyin Ryan
All American
8224 Posts
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Quote :
"The officer's report in my case described different clothing than in the attached photo... Guy can't even remember what I wore with a picture to help..... Still convicted."


You expect a cop to remember from 4 or so months ago to remember the clothes each person wears of the hundreds he pulls over?

I mean, the cop should have case notes or something to draw on to recollect the pull over and behavior of the person, but you seriously expect him to write down "torn jeans, wifebeater"?

[Edited on February 4, 2015 at 7:25 AM. Reason : .]

2/4/2015 7:23:29 AM

bubster5041
All American
1164 Posts
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Community service 100%

And it's unsupervised probation so you don't have to do anything like check in with an officer or take tests.

2/4/2015 7:26:17 AM

Geppetto
All American
2157 Posts
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Yeah, I went to jail for a few hours one time and would choose community service, hands down. I was in there for 4 hours, while I waited for a bail bondsman.

Basically...

A cop followed me out of a bar parking lot and eventually pulled me over. When he got to the window he asked me to step out of the car, I asked why, he repeated himself and I asked again. He then noticed my inspection was out of date and said that was the reason.

When I got out of the car he said I was under arrest for "resisting arrest". He then said he could smell the alcohol and I needed to blow and that if I did he'd drop the resisting charge. I blew a 0.4, he had me blow again and then it was a 0.3. Despite what he said earlier he still took me downtown and filed me for dwi, resisting arrest and the inspection. I blew a 0.2 downtown, so that got taken off but resisting arrest comes with a bail, which meant i had to sit until the $1,200 was paid.

In that 4 hours on a saturday night I saw enough that would make me never want to be in a jail cell ever.

I also had to get a lawyer (James Mother Fucking Crouch) to get rid of that resisting arrest charge. Another $1,200 right there. Pig.

2/4/2015 8:24:39 AM

justinh524
Sprots Talk Mod
27841 Posts
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maybe you should have gotten your car inspected.

2/4/2015 9:11:57 AM

KeB
All American
9828 Posts
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Quote :
"I blew a 0.4"


If you blew a .4 you should have been arrested on the spot

[Edited on February 4, 2015 at 11:30 AM. Reason : ...]

2/4/2015 11:27:35 AM

Dynasty2004
Bawls
5859 Posts
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I spent 24 hours for in Wake county jail rather than do community service in college. Ate 3 hot meals, watched the Winter X-games and a Duke-UVA basketball game. went to bed at midnight, woke up at 6 and got out.

2/4/2015 12:16:56 PM

mrfrog

15145 Posts
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^^ I believe that's the "coma, death likely" point

2/5/2015 4:12:18 PM

skaterjaws
All American
1492 Posts
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UPDATE: DISMISSED today. Thanks to those on here who actually helped me find a lawyer. Steven Saad a NCSU graduate who was a former DA who prosecuted over 500 DUI's was my lawyer. Thanks to his work, study, and thoroughness when the head trooper was on stand the judge went back and read over the case and it was dismissed. I will have to plead guilty to failure to obey traffic flow.

GOOD THURSDAY YALL!

6/4/2015 4:27:11 PM

Jeepin4x4
#Pack9
35774 Posts
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so...what exactly was the judge's opinion after having the trooper on the stand?

6/4/2015 4:30:07 PM

SkiSalomon
All American
4264 Posts
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Steven Saad is a good dude, I worked with him from time to time when he was an ADA and he was always squared away

6/4/2015 4:42:13 PM

skaterjaws
All American
1492 Posts
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Never got the judges opinion. My lawyer filed a motion and the judge took a couple days in his quarters or whatever they call them and after mr. saad presented numerous supreme court cases where time delays were unconstitutional in a arrest he dismissed it. I was sitting in the original troopers car for 45 minutes before an officer showed up, even though to his account there were "50 other troopers" surrounding carter finley on top of all the RPD since it was in city limits. He did a great job and I will refer him for the rest of my life to anyone.

6/4/2015 4:43:04 PM

ncsuallday
Sink the Flagship
9818 Posts
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holy shit. well I'll eat crow on this because I said to just get it over with. you are lucky as shit, glad it worked out for you and you don't have to deal with the utter hell that is a DWI conviction.

6/4/2015 4:47:06 PM

skaterjaws
All American
1492 Posts
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http://www.cshlaw.com/steven-saad/

6/4/2015 4:52:40 PM

Smath74
All American
93278 Posts
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Another baby killing drunk driver gets off the hook on some sort of technicality. Our justice system sucks.

6/4/2015 5:04:44 PM

sag1804
All American
914 Posts
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Baby killer? What did the dude do to kill a baby?

Do you get off on being unpleasant daily?

6/4/2015 5:20:50 PM

Smath74
All American
93278 Posts
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People should not drive drunk.

[Edited on June 4, 2015 at 5:25 PM. Reason : ]

6/4/2015 5:24:01 PM

LetsTAILGATE
All American
2331 Posts
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^ did you read any of the OP's original post?

6/4/2015 5:25:37 PM

Smath74
All American
93278 Posts
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Yes but I take more stock in science than hear say from the person accused.

6/4/2015 5:27:51 PM

hey now
Indianapolis Jones
14975 Posts
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Saad's an Arsenal fan though, so tread lightly.

6/4/2015 5:44:34 PM

synapse
play so hard
60939 Posts
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Quote :
"hear

say"

6/4/2015 6:19:03 PM

Str8BacardiL
************
41754 Posts
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Nice result on the court case! Don't get caught in a clusterfuck like that ever again.

Anyone driving drunk in Raleigh now better watch out!! They got 5 full time cops whose sole job is DWI arrests.
http://www.wral.com/dwi-arrests-on-the-rise-in-raleigh-police-report/13787718/

6/4/2015 10:10:46 PM

Jeepin4x4
#Pack9
35774 Posts
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i want to buy stock in "hear say"

6/4/2015 11:43:13 PM

Smath74
All American
93278 Posts
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nah i was just trolling from my phone and that's what the voice thing came up with.

good job on getting this BS thrown out by the way.

6/5/2015 7:55:37 AM

Novicane
All American
15416 Posts
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10/10 would read again. tl;dr don't drive drunk,

6/6/2015 7:51:57 AM

Douche Bag
Fcuk you
4865 Posts
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Steven Saad represented another buddy of mine and his was dismissed in the last two weeks as well

6/7/2015 10:45:39 PM

Dynasty2004
Bawls
5859 Posts
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James Crouch also got a lot of cases dismissed. but that is just hear say.

6/8/2015 9:31:01 AM

sag1804
All American
914 Posts
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http://www.avvo.com/attorneys/27607-nc-steven-saad-4296050/reviews.html

found this interesting, also the top comment on this page. LMAO

7/24/2015 10:25:12 AM

Restricted
All American
15537 Posts
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Fuck pigs.

7/24/2015 12:06:57 PM

colter
All American
8022 Posts
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^aren't you one of them?

7/29/2015 9:57:16 PM

justinh524
Sprots Talk Mod
27841 Posts
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Damn skaterjaws likes anonymously posting reviews. There are two that match this thread exactly.

7/30/2015 6:56:12 AM

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