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kenmoreforever

Well-known member
Joined
May 17, 2009
Messages
117
Are there any lawyers here? The reason I ask is that I have a buddy who washome drinking beer and had had what he said was 3 beers. his wife needed him to come pick her up at work. So he left to get her. He was pulled over and charged with DWI, speeding, careless operation and improper lane usage. I thought that to be rather harsh charges to drop on him on top of a DWI. He asks me what he should do. I dont know what to tell him. He cant afford a lawyer so he will get an indingent lawyer im sure. Can he plea down some of those charges if he pleads guilty to the DWI? just curious. He is driving me crazy with questions.
 
I'm not a lawyer, and I don't want to sound mean, but your friend doesn't like he's the brightest bulb in the chandelier.

In this day and age it's rather stupid to drink and then drive. The penalties in most states are quite severe - here in California I gather it's at least $10,000 in fines and costs for the FIRST offense. Plus loss of license, higher insurance rates, etc.

Next time his wife should call a cab to take her to where her hubby has the car and SHE should drive them both home.

The DUI is probably the most severe of the charges. Sure, he might be able to plead them down but he'd still be admitting to a very costly conviction. Any way you look at it, this mistake is going to cost him $$$, so he should get the best lawyer he can afford before he makes ANY statements or signs any confessions.
 
I'm not a lawyer either.

I would have to agree, however, that he, his wife, and anyone else asked should NOT SAY ANYTHING, no matter how trivial it may seem AT ALL unless it is in court or under the direct advice of an attorney.

Best of luck,
Dave
 
Defered

If its a first, he can ask for a deferred finding of fault. His insurance will go up, he'll need to front the money for an alcohol awareness program (classroom setting, 6 weeks) and his rights to apply for CDL, job clearance etc will be suspect for a couple years. The average financial impact of the first DUI is about $8,000. He should talk to the local bar association. Attorney'd do pro bono work. The State government funds a legal advisory hotline of local attorneys and law practioners under the heading of Evergreen Legal Services. Let me know if you need more information
 
Can only tell you what happens in Texas

if it is the first time. community service 100 hours.
loose d/l for 1 year then must file for sr 42 for 2 years will cost around 5000 in fines and court cost .
DWI is a VERY foolish thing to do!
 
Either your friend is lying about the amount of alcohol he had to drink, or he ran into a real jerk of a cop who is trying to pad a weak DWI case with other, nonsense offenses.

If he was arrested, they took a blood alcohol reading. That will determine which of the two above possibilities is a probability.

If he was just at the legal alcohol limit, any lawyer can make a good case against the arresting officer, and probably get his charges reduced to something less expensive. But if he was much over the limit, and/or this wasn't his first DWI offense, in that case most judges are not going to cut him any slack, and neither should you.
 
Whatever he should get some sort of lawyer, guilty or not. Court isn't the place to represent yourself ever. I don't get it with all these people still drinking and driving. Ontario just lowered the limit again to .05 from .08 and everyday in the paper are numerous DUI's. Our county for some reason is the worst or 2nd worst in the province.
 
In Texas it is .06 1 beer does that

I have NO mercy for dwi . I see the horror they cause on a daily (almost hourly basis) The family of 6 killed by a drunk driver as they were driving home from the movie. A mother killed with her 3 children in the car. 2 head ons last weekend for the exact thing.. and then they want sympathy, well they can find in the dictionary between shit and syphilis. And for those of you who wish to chime in on what a heartless old bastard I am then you have not had a loved one mangled beyond full healing nor sat in a ER on a Friday or Saturday night, and watched the endless stream of tragic caused by such have you?
 
Lee....

...the only people that get my sympathy are those that are injured, left parentless, partnerless or childless because a person 'thought they were fit to drive'....

...or more to the point, didn't engage their brain before putting the car into gear....

Toss pots, the lot of them. They deserve everything that the court system can throw at them and then some.
 
I agree , One thing I will not tolerate is alcoholics, Drunks,
My mother worked in a hospital.

I can`t stand being around them .

If the worst case is $10,000 then he`s getting off easy.

When I think of all the inocent people that get their lives taken away from them over this stupidity.
 
Well I have to chime in here...for one thing the guy had to have known he had to pick his wife up from work so what the hell was he drinking in the first place??? Now if I was his wife and he knew he had to come and get me and that happened ooooohhhh it wouldnt be at all pretty. I would get my LaBitch on and that would be the last time he did a bonehead thing like that. I have no pity. My other half got trashed a few weeks ago and he doesnt remember a thing...until I played back the video of him in his glory. I love the video cam feature in the new iphone. He never realized what kind of a trainwreck he was until that was shown.
 
Right ON MIKE!

That IS the way to GO Make them SEE what fools they make of themselves and the pain they cause to others.
 
It didn't happen over night

Most alcoholics and many people who drink regularly develop a tolerance to larger amounts of alcohol and do an increasingly better job of functioning in an altered state. Like smoking, over eating, being a shopahlic, having an out of control temper, gossiping, smoking dope, sex with people you don't know, taking too many prescriptions drugs, ignoring high blood pressure or controlling the foods you eat if you're diabetic, we all tell our self, not this time, maybe tomorrow, next week, it will never happen to me, and "look at them damn drunks!" We'll all change tomorrow and sometimes, tomorrow comes tonight. I drank secretly for 10 years, about an 2 ounces per hour, every hour, 24 hours a day. I was never more than a few steps from a swig. I covered 5 states and drove an average of 1,500 to 2,000 miles a week. When I quit, the most frightening experience of my life was the first morning I drove sober. I couldn't seem to get the timing right. I have told my story of sobriety many times. It was like giving up a second job finding new places to buy it so one store didn't see me as a regular. Getting the new hooch in the house and the empties out without being caught. Finding the money and ways to keep it spearate from household accounts. Packing enough, in generic containers to travel, visit company or spend week ends at my parents and never run out. A bottle in the car, the garage, the basement, the office, etc. The moment I felt any relief or sense of relaxation I tensed up in an effort to act totally sober so not to give myself away. March 19th, 2003 was my day of independance and the beginning of facing life, it's aggravations and challenges face on, without anything to soften the edge of my anger, frustration and self hatred. I was very lucky. Never a wreak, traffic ticket, blackout or display of public drunkenness. A cell phone, changing a radio station, lighting a cigarette, looking at a free washing machine beside the road, not wearing glasses, putting off routine auto care, can all cause a negligent accident. When each of is perfect and blameless in everyway then we can string the "othergay" up by the balls. My hope for this gentleman and many others like him is understanding there is no Easy Button. Tough up and do the hardwork.
 
There are too many variables missing in this story.

Did your friend take a breathalyzer test? If so what was the reading?

When you get charges trumped up on top of charges, usually some of the charges are dropped, unless you acted like a smart ass to the cop. Is this a first time offense? Is your friend employed? What type of work does he do? (Yes, this DOES factor into what the judge is thinking)

I highly advise a lawyer for this one.
 
Allen is right on with this one.

If he is employed or not and the type of work he does plays a BIG factor with the judge. Even if he is a trashman cange the term to Waste expideter or even refuse handler will make a major difference in the way the judge rules.
 
Mixfinder, if you want to tell, how are you coping?

Have you found meetings to be of any help? How is life for you now? Have you learned ways to cope with the aggravation? Don't have to tell if you don't want.
 
No Secret's

I was reared in an extremely legalistic fundamental Christian house with lots of beatings and threats, a pedophile for a grandfather and lots of oddness in my childhood. I tire for all my life to our pray, out run and out think anything but being a "good" man. I married a very nice woman and we had 4 children. I tired always to be good and do right. Inside I hated every one and anyone who wasn't as uptight and moral as I made myself be. More and more my wife realized I would do anything to keep the peace and "earn" my position as a married with the children I wanted. It just got worse and worse until I'd sold my soul, was docile as a puppy and so full of rage its a wonder I didn't explode. It was the alcohol the dulled the pain of the heart, the mind and a body that was falling apart. When I quit work and we had to move and get rid of everything that connected us to the earth I went to the lowest point. More manipulations since I was home 24 hours a day. It wasn't a conscious choice to quit. It was an unearthly out of body experience. I looked at the glass in my hand and said, "It isn't worth dying for." I was afraid I wouldn't make it. I prayed, but with power not begging. I went to an acupuncturist and asked to be treated for addiction. My wonderful Doctor told I wouldn't make it without help and I went to a therapist who specialized in addiction treatment. We never talked about "it", only why I did it. The layers came off the onion and deeper we went. I came out a year later and left in August of 2004. I was headed for happy valley, had my first real gay date in August of 2005. In September of 2005 I was diagnosed with cancer and given 2 years. A month later I found a tumor on my testicle. I was looking for a place to learn how to "cuss in tongues" because the words I needed to utter to express my anger and hatred to God had not been invented. The therapist and Peter directed me to a cancer support group as well as a married gay father's which morphed into the gay father's support groups. I also found a venue to permanent spiritual healing, and acceptance in God's eyes as Hid Beloved Child and Creation. I stopped criticizing God's judgment in my creation and accepted it was as I am I was intended to be. My love for my children, for Peter, for God, my friends and for life became exponential. Beginning in 2006 and into 2008 I participated in an experimental chemo therapy. The last treatment on April Fools 2008. I have been in remission. I had a serried of surgeries to stabilize my spine and I am doing very well. In it all I never once considered drinking. Everything that drove me to the bottle is gone, in check or re thought. Without feeling, cheated, persecuted or so terrible alone, I learned to let go of the judgment and criticizing the behaviors of anyone but my self. It was like getting a credit card. I swiped it once to see if it worked. If the triggers of the past were gone. Would love and abundance continue to flow into my life? Every time I swipe the card it works. My trust and confidence in the Laws of Circulation, Attention, Equivalence and Love are unshakable. What the mind processes is what the body and the universe manifest. If I die today, I got to have it all. I am like a television connected to cable for the first tine. Alcohol is in my house 24/7. I serve it guests. I have never had a drink. have no interest in tasting or ever wanting that crushing tired and exhausted life alcohol caused. I can't say how ell I'd done if I didn't have a rock solid relationship. I know I'd have struggled without the therapist. I was clinically depressed which manifested as aggression. I had no idea as I expected depressed people to be passive. The stories in my head, the grinding noise of my mind going at full peak and the triggers were disarmed with Effexor. I no longer take it and I have been okay. There is perfect pathway to treatment. Had I had money I would have jumped at a chance for in house treatment. My wellness is a symphony of blessings, awareness and rerouted thought processes. I finally disarmed my 13 button. The wailing, pouting, irrational 13 year adolescent that screams and danced for everyone enjoyment. The 13 button is broken. My family used to mash on it and wonder what happened. I am forever changed, but it was all in me, about me and my work to do. In my every moment I listen to know if it is my time to share my story or offer resources. I cannot tell anyone what to do. But I can share a miraculous story of a 58 year old man who came from nothing, had it all, lost is all and realized the valuable possessions in life cannot be bartered or lost. Love, acceptance, and being the object of someone's desire after all these empty years makes me weep if I speak the name of God, Peter, my children, my friends or the wonderful memories and links that have become the tapestry of my life. Memories are the perfect gift. They come in any size and color, always fit, cannot be returned, gain value each moment and only I have the password. They will never be breached. If you care to go to face book and see Kelly Beard, its all laid out, my faith, my family, my love and my friends. An amazing network that spans the globe. The song you can click on, "When I pray speaks it so eloquently. 54 years squandered and 4 years more glorious than I could have ever comprehended. I am forever changed. If I could give any gift to the world it wouldn't be wealth, peace or healing, I would wish that everyone knows what it is like to be loved.
 

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