Lawyer up for your first DUI?

[fastfredracing]

My customer, Steve, sort of takes care of his older brother. Th guy is 51, deaf, and slightly slow. He has never been in any sort of trouble before, but coming home from a picnic a few weeks ago, he ran a stop sign, got pulled over, and blew just over the legal limit. There was no accident, no drugs etc, just a plain old DUI.
Steve was asking me if I knew any good lawyers, and I really do not, but that I thought that a simple first DUI, with no priors, should be pretty much cut and dry. I have never heard of anybody beating a DUI, once they blew in the tube and I think the punishment is pretty much written out in black and white for first time offenders.
What do you guys think?

[peppy]

Get a lawyer.

[biosurfer1]

for sure get a lawyer...my friend had pretty much the same thing happen and the DUI was lessened to a "wet and reckless" without him even asking for it. Very, very expensive lesson but it didn't go down as a DUI. The money he saved from the reduced charge more than paid for the lawyer and then some.

[on2wheels52]

I have it that anytime you go before a judge you want someone else to do the talking.
Jim

[Rick Lee]

I doubt the the judge will even let him appear without a lawyer. I've seen it in VA before and the judge gives a continuance and tells the defendant to come back with a lawyer.

[Rusty Heap]

There goes $6,000-10,000 in lawyers fees which makes for a real expensive picnic, and a simple "blow through the stop sign" .



In many states you don't even have to blow past the .08 or the limit, even at .02 -.04 or what-ever if the cops deem you to be impaired you're fuchhed.



After being ran off the road and in head on crashes from a 70 year old lady, and also a 82 year old male driver (whether drinking or not they F'd up my body and my health / range of motion) if a driver is impaired and slow in hand/eye coordination F-'em.

He's lucky he didn't do worse to others, and his first DUI is only the start of a long penalty, if he gets a second, it's jail time, ankle radio bracelet, and major rehab in many states.



Soooo ummmmmm, yeah, get the lawyer, drop the $6-10K, and he's going to be under a lot of "conditions" past that simple blow through a stop sign.

[Rick Lee]

Originally Posted by Rusty Heap

There goes $6,000-10,000 in lawyers fees which makes for a real expensive picnic, and a simple "blow through the stop sign" .



In many states you don't even have to blow past the .08 or the limit, even at .02 -.04 or what-ever if the cops deem you to be impaired you're fuchhed.

You can beat the rap, but you can't beat the ride. My lawyer only charged me $500, but that was long ago. A good buddy recently got popped in Baltimore. He spent $2300 on a lawyer whose license plate read "no plea." He got him off too, so it was money well spent.

[greglepore]

Fred-In Pa he's going to get ARD(|Acccelerative Rehabilitative Disposition) for a first offense with a lawyer or without, so long as his brother holds his hand throughout. An atty will just make him 1550-5k poorer. I'm a no longer practicing JD in Pa who alienated the local bar with this for 20 yrs. PM me if you need further advice, I'll forward a phone number.

[bell]

Lawyer lawyer lawyer.....all it takes is one pissed off judge and your friend will go to jail for 6 months and pay mega fines and years of probation......no license etc

It'll cost him a couple grand but should be a cut and dry case, will most likely get plea deal.....
Better to pay now then for the next 5 years.....


Edit....just read gregs post....local lawyer info is good advice

[stomachmonkey]

Lawyer up.

Worth every penny.

Could mean the difference between conviction and loss of driving privileges or a plea to lesser offense.

[kach22i]

Originally Posted by fastfredracing

..... and blew just over the legal limit.

I'm no lawyer, but based on first hand experience as a juror, and nearly something similar 30 years ago (I was innocent - poor and young), here is what he needs to know and what to do.

1. Pay for an expert witness who's testimony will be considered as evidence. Have the expert explain that if the accused did so much as burp, hiccuped, or bit his tongue out of nervousness, it would invalidate the test given (assuming breatholizer).

2. The reason for this, is that the breatholizer measures alcohol vapor from the air deep in the lungs, which is 1/100th of that found in the stomach or blood. A tiny drop of either makes any borderline measurement reasonably suspect, in my personal opinion.

Once again, a lawyer making these statements or the client will not be considered evidence (and the cops will never admit to these facts). You have to pony up (thousands) for an expert, sad to say.

If an airbag went off, and bloodied his nose it would be a tough call for me as a juror.

If it was in the police record that he reported tasting blood in his mouth, the judge should toss out the case or do a reduce sentence such as reckless driving - again just my opinion of what fair is.

[Porsche-O-Phile]

You're kidding, right?

If you have to ask the question...

Get a lawyer. Duh.