Unique dui case, looking for advice

[adjusterjack]

my main question was do think I could get this dropped. Most have answered already so seems like probably not. Next if I plead guilty or hopefully get a pbj just hoping to not get jail time. I know if I fight it and lose they could hit me with the maximum which is up 1 year in jail and 1000$. What is the best route to at least get minimal sentencing. Also doubtful I can afford a attorney. Most like will be public. Most are quoting 4-5k

Was there ever a moment when you thought about the consequence of drunk driving before you went out and boozed it up with your car?

No, it's not going to get dropped. When the courts and the DMV get through with you, your insurance company will take over. You'll be in a high risk class and your rates will double or triple.

 

[quincy]

Was there ever a moment when you thought about the consequence of drunk driving before you went out and boozed it up with your car?

No, it's not going to get dropped. When the courts and the DMV get through with you, your insurance company will take over. You'll be in a high risk class and your rates will double or triple.

Although Hitbylaw hit a stationary object (which is troubling), there is nothing to show Hitbylaw was “boozing it up” other than the officer saying he smelled alcohol and the results of the officer’s abbreviated field test.

IF Hitbylaw is charged with a DUI, a good defense attorney could get the charge dismissed. The “failure to control vehicle” seems more difficult because if one is in control of their vehicle, they rarely hit stationary objects.

 

[Hitbylaw]

Although Hitbylaw hit a stationary object (which is troubling), there is nothing to show Hitbylaw was “boozing it up” other than the officer saying he smelled alcohol and the results of the officer’s abbreviated field test.

IF Hitbylaw is charged with a DUI, a good defense attorney could get the charge dismissed. The “failure to control vehicle” seems more difficult because if one is in control of their vehicle, they rarely hit stationary objects.

Thanks for the input. I do take responsibility for not knowing the consent laws. I got my dl 20 years ago and in a much more relaxed state Fl. I’m sure they covered it but I never even took drivers ed in high school. Still I see your point and honestly don’t need/want to drive , so I accept losing liscene for a year or more for refusing. Some lessons in life are learned the hard way...sorry meant to reply to the original comment

 

[quincy]

Thanks for the input. I do take responsibility for not knowing the consent laws. I got my dl 20 years ago and in a much more relaxed state Fl. I’m sure they covered it but I never even took drivers ed in high school. Still I see your point and honestly don’t need/want to drive , so I accept losing liscene for a year or more for refusing. Some lessons in life are learned the hard way...sorry meant to reply to the original comment

I recommend you consult with an experienced DUI lawyer in your area (worth the cost) and let the lawyer handle everything for you while you concentrate on your hospitalized infant.

 

[not2cleverRed]

Thanks for the input. I do take responsibility for not knowing the consent laws. I got my dl 20 years ago and in a much more relaxed state Fl. I’m sure they covered it but I never even took drivers ed in high school. Still I see your point and honestly don’t need/want to drive , so I accept losing liscene for a year or more for refusing. Some lessons in life are learned the hard way...sorry meant to reply to the original comment

Hogwash.

I got my original DL over 30 years ago, and never took drivers ed either. Almost every time I've moved across state lines (4/5) I've had to retake the written exam.

And believe me, MA's written test used to be a joke. Like, "what do you do if a pedestrian is in the crosswalk in front of you when the light turns green? a) Honk at them, b) drive around them, c) ease forward slowly to encourage them to move faster, or d) wait until they have safely crossed."

Many of the laws regarding drunk driving have changed or evolved over the years. It is YOUR job to keep up with those changes. No excuses.

P.S. It has not escaped my notice that you have not denied drinking. So get a lawyer... And get yourself into some form of treatment. You're old enough that you can no longer use the excuse of not knowing the effects of alcohol. Be glad you didn't kill someone.

 

[Hitbylaw]

Hogwash.

I got my original DL over 30 years ago, and never took drivers ed either. Almost every time I've moved across state lines (4/5) I've had to retake the written exam.

And believe me, MA's written test used to be a joke. Like, "what do you do if a pedestrian is in the crosswalk in front of you when the light turns green? a) Honk at them, b) drive around them, c) ease forward slowly to encourage them to move faster, or d) wait until they have safely crossed."

Many of the laws regarding drunk driving have changed or evolved over the years. It is YOUR job to keep up with those changes. No excuses.

Yeah understandable, but to be 100% honest in Maryland all I did was transfer it. No test no anything. I would assume I signed something on the consent laws tho. And yes how dumb am I to not read the back of the dl. I’ve just never even had a dui stop, so never went through the process. Still your right it’s my fault for not knowing

 

[not2cleverRed]

Yeah understandable, but to be 100% honest in Maryland all I did was transfer it. No test no anything. I would assume I signed something on the consent laws tho. And yes how dumb am I to not read the back of the dl. I’ve just never even had a dui stop, so never went through the process. Still your right it’s my fault for not knowing

READ A NEWSPAPER ONCE IN A WHILE.

Seriously.

The laws change. Like, if you drive in NY, you need to know about Leandra's Law - which has only been on the books for 11 years.

 

[Taxing Matters]

my main question was do think I could get this dropped.

Here's the problem. What the state has is testimony from the officer as to the smell of alcohol being present, the bit of the field sobriety test that was done, apparently other observations, e.g. it appeared you were swaying, and that you hit a parked vehicle. All that the state needs to do to win a DUI case is prove one of two things: (1) that were driving with a blood alcohol level (BAC) of .08 or more or (2) that you were driving a vehicle while you were impaired by drugs or alcohol. The state doesn't have the BAC because you refused the tests. But it can prove you were driving the car, the cop's testimony of smelling alcohol can establish that you were drinking, and the observations of the cop of your condition and the fact that you hit a parked vehicle help establish that you were impaired by that alcohol. The accident is perhaps the most damning part. Unless you can offer a convincing explanation of how that happened that doesn't involve alcohol a jury is likely to assume from the fact of the accident that you were impaired by the alcohol because if you had been in control of the vehicle the accident would not have happened.

Does that mean you have no chance to beat the DUI? No. There may be other facts here that would give you a defense, and a DUI lawyer can spot those to create a defense for you, if there is anything there. So you want to consult a defense attorney for assistance on this. If you can't afford to hire one then make sure you get a public defender appointed.

 

[Hitbylaw]

Here's the problem. What the state has is testimony from the officer as to the smell of alcohol being present, the bit of the field sobriety test that was done, apparently other observations, e.g. it appeared you were swaying, and that you hit a parked vehicle. All that the state needs to do to win a DUI case is prove one of two things: (1) that were driving with a blood alcohol level (BAC) of .08 or more or (2) that you were driving a vehicle while you were impaired by drugs or alcohol. The state doesn't have the BAC because you refused the tests. But it can prove you were driving the car, the cop's testimony of smelling alcohol can establish that you were drinking, and the observations of the cop of your condition and the fact that you hit a parked vehicle help establish that you were impaired by that alcohol. The accident is perhaps the most damning part. Unless you can offer a convincing explanation of how that happened that doesn't involve alcohol a jury is likely to assume from the fact of the accident that you impaired by the alcohol because if you had been in control of the vehicle the accident would not have happened.

Does that mean you have no chance to beat the DUI? No. There may be other facts here that would give you a defense, and a DUI lawyer can spot those to create a defense for you, if there is anything there. So you want to consult a defense attorney for assistance on this. If you can't afford to hire one then make sure you get a public defender appointed.

Thanks for the thorough response. I will look into both attorneys. Essentially I was also trying to assess if it’s worth paying for an attorney if there’s a slim chance to win. As you stated I believe they have compiling evidence which would make it hard either. I would probably take a probation before judgement at this point. But with severity of refusal I have a feeling they won’t. I thought my only other slight chance was that when we got to the station I was under the impression we were still going to do the test. At the point he read me the form very quickly, I even asked him to slow down, but from there or anywhere at the station I was not asked again to do the test. I’m fairly sure the cop knew what he was doing by reading it quickly and moving on. Still I feel like that is a slim avenue bc they will most likely say I should have known the consent laws anyhow.
Also it’s not that I don’t want to pay for an attorney, but with all the fees coming my way I don’t know. I know I don’t have a credit limit that high or doubt a loan from a bank...the only slight thing is my 401 is compounded over 8 years at same job. I can take a loan out on that but basically lose a good portion to irs

 

[Hitbylaw]

Also does anyone know roughly how quickly court will be with corona, we just back to 25% . Ironically I have a case for theft from my job that has been rescheduled since before the lock down. I’ve only received the paper saying I’m being charged with these crimes and to get an attorney. I’ve also read that a public defender is dependent on income and if work full time probably won’t get it. Then I think the last option is a court appointment attorney, pretty sure those are not the same

 

[Hitbylaw]

I recommend you consult with an experienced DUI lawyer in your area (worth the cost) and let the lawyer handle everything for you while you concentrate on your hospitalized infant.

Thank you Quincy. He is actually home now after a month. But yeah definitely being stretched think with work and baby. Legit the worst time for all this. I feel such a bad/stupid person just in general for getting in this mess

 

[not2cleverRed]

Thanks for the thorough response. I will look into both attorneys. Essentially I was also trying to assess if it’s worth paying for an attorney if there’s a slim chance to win. As you stated I believe they have compiling evidence which would make it hard either. I would probably take a probation before judgement at this point. But with severity of refusal I have a feeling they won’t. I thought my only other slight chance was that when we got to the station I was under the impression we were still going to do the test. At the point he read me the form very quickly, I even asked him to slow down, but from there or anywhere at the station I was not asked again to do the test. I’m fairly sure the cop knew what he was doing by reading it quickly and moving on. Still I feel like that is a slim avenue bc they will most likely say I should have known the consent laws anyhow.
Also it’s not that I don’t want to pay for an attorney, but with all the fees coming my way I don’t know. I know I don’t have a credit limit that high or doubt a loan from a bank...the only slight thing is my 401 is compounded over 8 years at same job. I can take a loan out on that but basically lose a good portion to irs

Here's the thing: the cost of a DUI is more than the fines you pay. How about those insurance premiums? How about those employment applications? You want to mitigate the long term adverse consequences that will dog you. That's why it's worth it to get a lawyer.

...And with your other pending legal issues, choose a firm that can handle both problems.

If you weren't stone cold sober, then please, for the sake of your child, get help. Your sick child deserves a sober parent.

 

[quincy]

Thank you Quincy. He is actually home now after a month. But yeah definitely being stretched think with work and baby. Legit the worst time for all this. I feel such a bad/stupid person just in general for getting in this mess

I am happy that your baby is home.

There really is not a good time, by the way, to have an accident and to face one or more criminal charges.

Maryland courts, as of November 16, are in Phase 3 of their reopening plan. Here is a link to court information:

https://mdcourts.gov/coronavirusinformationforpublic

You apparently have some breathing time. Make sure this breathing is through a mask when in public.

 

[TigerD]

This isn't a unique DWI case - it is pretty common. You need an attorney. You only have 10 days to respond to the administrative case. This is not the time to be cheap. You want an NCDD member. And you need them fast.

Generally a public defender does not handle administrative cases, so you will lose a significant portion of your case immediately by selecting a PD.

TD

 

[Hitbylaw]

This isn't a unique DWI case - it is pretty common. You need an attorney. You only have 10 days to respond to the administrative case. This is not the time to be cheap. You want an NCDD member. And you need them fast.

Generally a public defender does not handle administrative cases, so you will lose a significant portion of your case immediately by selecting a PD.

TD

By administrative do you you mean the dmv hearing?