[Brian]

Mixx - that 7 days in Virginia is mandatory before you actually get to court. Take on another year after that. Virginia isnt easy.

Get a lawyer. Smitty is right - it should cost about 2k. Some will charge more but its really not worth it to get a high end lawyer on a standard DUI. It sounds like since you were so close to being below the limit you may be able to get the charge reduced to a reckless driving but you absolutely do need to get a lawyer.

[Chad Daring]

I do have one question if anyone can answer this, becuase the officers were a bit vague.

Do I contact them about the court date or do they contact me? The cops made it sound like I would get a phone call or something in the mail, but I dont want to bank on them doing it if I'm not positive they will.

I'm going to research lawyers today and make phone calls tomorrow, and hopefully with my next pay check send the form for the hearing to get a restricted license so I can still work through all of this.

@Brian

The tow truck guy told me the same thing about VA, said they hold your license and car for 7 days, so you're SOL for that long, if not longer

[Kona]

(10-30-2011 06:21 AM)Chad Daring Wrote:  

Do I contact them about the court date or do they contact me? The cops made it sound like I would get a phone call or something in the mail, but I dont want to bank on them doing it if I'm not positive they will..

You should look at the paperwork the cops gave you carefully. It's gotta be in there someplace.

You can also start watching on the court website to see if they publish traffic infractions. The info will be on there. Try google "Maryland Court Records" or the county it happened in, things like that.

Or see a lawyer. Personally, I wouldn't call a courthouse and start asking questions until I talked to one.

(10-30-2011 06:21 AM)Chad Daring Wrote:  

I'm going to research lawyers today and make phone calls tomorrow, and hopefully with my next pay check send the form for the hearing to get a restricted license so I can still work through all of this.

You'll probably get a bunch of letters in the mail from lawyers in your area come Monday. They pull arrest records and send out advertising packets. Look at what you get, don't just throw it away. The very first thing you absolutely have to do is talk to a lawyer. They should make your first meeting free.

Don't go to the first meeting with a lawyer without all of the paperwork from the cops and the DMV.

You probably don't want to request that hearing without lawyer advice. The trick with a lot of dui's is to max out the time frame the court and the administrative license revocation people have to try you. For example, if you have 30 days to request a hearing, and 45 days from the arrest to have that hearing, you don't want to request it until day 29. Make sense?

Also, you never know what could happen with the cop that stopped you in that time. He could go on sick leave, or whatever. Better yet, the more time that elapses the more he forgets about you, and the details.

Let's us know what's up.

Aloha!

[MiXX]

(10-29-2011 07:58 PM)Brian Wrote:  

Mixx - that 7 days in Virginia is mandatory before you actually get to court. Take on another year after that. Virginia isnt easy.

Ah! Good someone from VA made that clear.

Mixx

[LostGringo]

Get an attorney.

Do yourself a huge favor in selecting one. Here is the trick; In the jurisdiction where you got nailed, I can assure you that there is at least one defense attorney who specializes in DUI's in the district court where you will be a defendant. This fellow will know all the District Attorney's and all the Judges. There is a good chance he was a former attorney in the DA's office. Do the homework to find the best guy. If you have no contacts - you might go into the clerks office at the courthouse and tactfully ask who handles the most DUI's in that particular court. If you have "game", you will be able to find this out in short order.

Call that attorney.

Do this tomorrow.

[Brian]

dont get suckered into the most expensive attorney. a DUI case is pretty standard, you dont need a high end lawyer especially if you aren't in the best place financially. i had a guy in Fairfax county who was awesome and not expensive. if you want to PM me i'll give you his contact info and maybe he can recommend someone in Maryland.

i would expect the court date would be on the paperwork you were given, but perhaps things are a little different in Maryland.

[LostGringo]

(10-30-2011 02:39 PM)Brian Wrote:  

dont get suckered into the most expensive attorney. a DUI case is pretty standard, you dont need a high end lawyer especially if you aren't in the best place financially. i had a guy in Fairfax county who was awesome and not expensive. if you want to PM me i'll give you his contact info and maybe he can recommend someone in Maryland.

i would expect the court date would be on the paperwork you were given, but perhaps things are a little different in Maryland.

Who said anything about "high end" or "most expensive"? You think a guy specializing in DUI's is part of the "silk stocking" defense bar?

[Brian]

(10-30-2011 03:28 PM)LostGringo Wrote:  

(10-30-2011 02:39 PM)Brian Wrote:  

dont get suckered into the most expensive attorney. a DUI case is pretty standard, you dont need a high end lawyer especially if you aren't in the best place financially. i had a guy in Fairfax county who was awesome and not expensive. if you want to PM me i'll give you his contact info and maybe he can recommend someone in Maryland.

i would expect the court date would be on the paperwork you were given, but perhaps things are a little different in Maryland.

Who said anything about "high end" or "most expensive"? You think a guy specializing in DUI's is part of the "silk stocking" defense bar?

as I'm sure the original poster will find out in the next week if call 5 different defense attorneys in the county of the arrest he will get 5 different prices for his defense, probably anywhere from 2k to 10k. what i am trying to do is make clear that just because one attorney charges more doesnt make him 'better' or a better option, and in the case of a simple DUI charge its better to go w/someone towards the low end of the price point, rather then to overspend based on the thought that the higher priced lawyer is more likely to get him out of it.

[kbell]

The pizza would not absorb the alcohol any faster. Its a myth. You should plan to stop drinking at around 11 pm and not drink too heavy in the future. Not to sure about the law issue part.

[Chad Daring]

(10-30-2011 10:20 PM)kbell Wrote:  

The pizza would not absorb the alcohol any faster. Its a myth. You should plan to stop drinking at around 11 pm and not drink too heavy in the future. Not to sure about the law issue part.

I know that, but it would've given me more time, because I know me stop for pizza would've turned into an hour of eating and drinking water, and it also means that THAT particular cop wouldn't have been behind me at THAT particular moment.




Anyways.


Talked to a lawyer today, he reiterated what others have said, this being my first offense, and first real criminal anything, jail time would be shocking, to say the least, and there's even a chance that I might walk away with minimal fines but a 1 year probation.

After talking to a few other people who went through this exact same scenario, its been recommended that I save my cash, go with a public defender.

Still waiting to see when the court date will be, and still have to send in the request for my MVA hearing so my license doesn't get axed in 40 days.

[Brian]

how much would a non-public defender lawyer cost you?

[playa_with_a_passport]

(10-31-2011 02:56 PM)Chad Daring Wrote:  

Anyways.


Talked to a lawyer today, he reiterated what others have said, this being my first offense, and first real criminal anything, jail time would be shocking, to say the least, and there's even a chance that I might walk away with minimal fines but a 1 year probation.

After talking to a few other people who went through this exact same scenario, its been recommended that I save my cash, go with a public defender.

Still waiting to see when the court date will be, and still have to send in the request for my MVA hearing so my license doesn't get axed in 40 days.

Keep in mind that once you have been convicted of DUI/DWI offense your car insurance probably going to go thru the roof. I think that's almost as bad as the license suspension. So make sure you budget for that as well.

[Chad Daring]

(10-31-2011 03:15 PM)Brian Wrote:  

how much would a non-public defender lawyer cost you?

In my area, 2k, if I'm lucky, with a coupon, on half off day.

[chefedemaquina]

A good DUI lawyer may get it reduced to careless driving. In Florida where I have my DL from, if you refused the breath test it is the same as admitting your guilt, the first time you refuse it is a single DUI charge, the second time it is a refusal charge along with a DUI. My drinking and driving days are long pat, If I get a DUI, I can possible get my merchant marine license and documents pulled by the coast guard for up to 1 year. It ain't worth it anymore.

[Chad Daring]

(10-31-2011 06:25 PM)chefedemaquina Wrote:  

A good DUI lawyer may get it reduced to careless driving. In Florida where I have my DL from, if you refused the breath test it is the same as admitting your guilt, the first time you refuse it is a single DUI charge, the second time it is a refusal charge along with a DUI. My drinking and driving days are long pat, If I get a DUI, I can possible get my merchant marine license and documents pulled by the coast guard for up to 1 year. It ain't worth it anymore.

Thats how it is in MD too, refusing the breath test is equatable to harsher then a DUI, but less harsh then a DWI.

Minimum license suspension is 45 days, max is 180 days, refusing the test is 120 days, and they kieep it even if you blow a .000 and the cop is proven to be a douchebag. Its a tad fucked up.

[Brian]

(10-31-2011 06:22 PM)Chad Daring Wrote:  

(10-31-2011 03:15 PM)Brian Wrote:  

how much would a non-public defender lawyer cost you?

In my area, 2k, if I'm lucky, with a coupon, on half off day.

2k may seem like a lot of money if things aren't going well financially for you right now but i'd try and come up with it one way or another if i was you. credit, borrowing, overtime, whatever. getting that reduced or off your record will pay for itself many times over during the next 10 years.

[Smitty]

Chad Daring, I was looking at Canadian residency options the other day and I noticed that like most 1st world countries they have a list of occupational "critical needs" you can apply under for residency. Chef was one of them and surprisingly they have not met their maximum quota for the year. Just throwing that out there since I remember you were looking for big ideas to get away from the U.S. and do something different. If this DUI thing goes south and your insurance goes through the roof, etc, you have some options to pursue.

[Brian]

yeah if there is ever a time to go abroad its while your license is suspended for a DUI

[LostGringo]

(10-31-2011 09:16 PM)Smitty Wrote:  

Chad Daring, I was looking at Canadian residency options the other day and I noticed that like most 1st world countries they have a list of occupational "critical needs" you can apply under for residency. Chef was one of them and surprisingly they have not met their maximum quota for the year. Just throwing that out there since I remember you were looking for big ideas to get away from the U.S. and do something different. If this DUI thing goes south and your insurance goes through the roof, etc, you have some options to pursue.

Forget Canada if you get convicted of a DUI. You will be branded "persona non-grata" on account of having been convicted of an "indictable offense". Minimum 5 years denied entry to Canada, and then you get to apply for "rehabilitation", which is a cluster-fcuk pain in the ass. How do I know this? I found out two years ago when I attempted to change planes on a USA-Toronto-Argentina routing. The database showed a DUI conviction from 6 years ago. I will never go to Canada again - fuck them. This is all part of the emerging-Police-state that has become the norm in this era of big brother.

Seriously, don't mess around with this DUI shit, do what you need to do and spend the $$ to get this charge dropped if you can. It will follow you around for the rest of your life. The MADD mothers and the right wing have turned having a few beers into criminal behavior.

For my job, if I were to get nailed again (2nd offense),my career would be finished.

[Aliblahba]

I aree with lost gringo, spend the money to make this go away. Work a second job if needed. Pull all your social resources to find a good lawyer that has a good record on dui dismissals.

Like LostG one more dui and my career is tanked. Shit just aint worth it. I spent thousands on mine, and even though convicted, saved a lot of extra bullshit.

[Chad Daring]

(10-31-2011 11:30 PM)LostGringo Wrote:  

(10-31-2011 09:16 PM)Smitty Wrote:  

Chad Daring, I was looking at Canadian residency options the other day and I noticed that like most 1st world countries they have a list of occupational "critical needs" you can apply under for residency. Chef was one of them and surprisingly they have not met their maximum quota for the year. Just throwing that out there since I remember you were looking for big ideas to get away from the U.S. and do something different. If this DUI thing goes south and your insurance goes through the roof, etc, you have some options to pursue.

Forget Canada if you get convicted of a DUI. You will be branded "persona non-grata" on account of having been convicted of an "indictable offense". Minimum 5 years denied entry to Canada, and then you get to apply for "rehabilitation", which is a cluster-fcuk pain in the ass. How do I know this? I found out two years ago when I attempted to change planes on a USA-Toronto-Argentina routing. The database showed a DUI conviction from 6 years ago. I will never go to Canada again - fuck them. This is all part of the emerging-Police-state that has become the norm in this era of big brother.

Seriously, don't mess around with this DUI shit, do what you need to do and spend the $$ to get this charge dropped if you can. It will follow you around for the rest of your life. The MADD mothers and the right wing have turned having a few beers into criminal behavior.

For my job, if I were to get nailed again (2nd offense),my career would be finished.

I'll keep both of those comments in mind, though I'm not sure Canuckland is the out I'm looking for. I haven't heard much good about it (aside from it not being America) My qualms aren't with the USA as a whole, just the area I'm in.

I'm actually looking into moving back to Ohio next spring, among other things its much more relaxed about damn near everything and the young women are friendly and attractive, unlike the DC metro area, heh.

[el mechanico]

(11-01-2011 02:55 PM)Chad Daring Wrote:  

(10-31-2011 11:30 PM)LostGringo Wrote:  

(10-31-2011 09:16 PM)Smitty Wrote:  

Chad Daring, I was looking at Canadian residency options the other day and I noticed that like most 1st world countries they have a list of occupational "critical needs" you can apply under for residency. Chef was one of them and surprisingly they have not met their maximum quota for the year. Just throwing that out there since I remember you were looking for big ideas to get away from the U.S. and do something different. If this DUI thing goes south and your insurance goes through the roof, etc, you have some options to pursue.

Forget Canada if you get convicted of a DUI. You will be branded "persona non-grata" on account of having been convicted of an "indictable offense". Minimum 5 years denied entry to Canada, and then you get to apply for "rehabilitation", which is a cluster-fcuk pain in the ass. How do I know this? I found out two years ago when I attempted to change planes on a USA-Toronto-Argentina routing. The database showed a DUI conviction from 6 years ago. I will never go to Canada again - fuck them. This is all part of the emerging-Police-state that has become the norm in this era of big brother.

Seriously, don't mess around with this DUI shit, do what you need to do and spend the $$ to get this charge dropped if you can. It will follow you around for the rest of your life. The MADD mothers and the right wing have turned having a few beers into criminal behavior.

For my job, if I were to get nailed again (2nd offense),my career would be finished.

I'll keep both of those comments in mind, though I'm not sure Canuckland is the out I'm looking for. I haven't heard much good about it (aside from it not being America) My qualms aren't with the USA as a whole, just the area I'm in.

I'm actually looking into moving back to Ohio next spring, among other things its much more relaxed about damn near everything and the young women are friendly and attractive, unlike the DC metro area, heh.

Ohio is a pussy goldmine. What part?

[Chad Daring]

Its the young girls there that are pretty fly. I went to Columbus and Greenville which is out in the boonies. I dubbed Greenville the jailbait capital of the world, everywhere I Looked there were CLEARLY under aged girls in very short skits and shorts.

Columbus does well because its a college town, OSU is massive, lots of college girls there. I think Ohio is more old fashioned, girls are still girls there, they aren't trying to be men like the women on the east coast. They know their looks are what they have, so they stay looking good.

People in general, not just the women, are friendlier there too.