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post #1 of 55 (permalink) Old 08-18-2005, 12:32 PM Thread Starter
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Wife got a DUI - need a lawyer

Nothing special here, just another idiot that though she was okay to drive (blew a 0.099). There's enough odd things that a good lawyer could get it tossed out. (Like, the reason they got stopped was for her passenger not wearing a seatbelt... which appears in the ticket simply as "no seatbelt". She failed one officer's field sobriety test, but passed the other officers... then gets listed as being male. The officers that pulled her over decided to flirt with her and her friend.)

Any which way though, she's guilty and I sincerely hope they force her to take the most godawful rigorous drivers ed ever done.

With that said... I am looking for a lawyer. So if you have a recommendation and/or an idea about what this is gonna end up costing me, I'd appreciate it.
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post #2 of 55 (permalink) Old 08-18-2005, 12:39 PM
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Quote:
Originally Posted by Slycer
Any which way though, she's guilty and I sincerely hope they force her to take the most godawful rigorous drivers ed ever done.
My understanding was that there was much more at risk than just having to take driver's ed. She could lose her license (temporarily or permanently) have to pay hefty fines, etc. I thought IL was one of the most strict states when it came to DUIs??

I know a guy here in TX who got one and he can't drive unless he installs the breathalyzer machine in his car. The machine is a couple hundred bucks, plus it's a $75/month fee. His girlfriend comes over every morning to take him to work. That sucks. Plus he has a parole officer, and curfew, and can't keep alcohol in his own home. The guy was over 21 and blew slightly over .08 with no one in his car but himself.
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post #3 of 55 (permalink) Old 08-18-2005, 12:41 PM
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Man that will cost you big $$$$.
Dont know lawyers, but I can tell you that - my friend got DIU last winter
he had to pay total like 3000$.

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post #4 of 55 (permalink) Old 08-18-2005, 12:45 PM Thread Starter
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I should also mention that she's 5'8 105lbs. Refused the field breathalizer, only blew the machine at the station once.

Is there a chance of it being a false positive?
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post #5 of 55 (permalink) Old 08-18-2005, 12:49 PM
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Quote:
Originally Posted by Slycer
I should also mention that she's 5'8 105lbs. Refused the field breathalizer, only blew the machine at the station once.

Is there a chance of it being a false positive?
Yeah there's a chance, but she can't prove it now. Basically, they have all the facts on record that they need. Height and weight don't matter-- if HER BAC was over a certain percent, it's illegal.

I mean, don't get me wrong-- I feel for you both. It sucks. But unless you can prove NOW that she wasn't over the legal limit THEN, then be prepared for some consequences. Hopefully the first offense thing will mitigate the verdict.
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post #6 of 55 (permalink) Old 08-18-2005, 12:49 PM
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I blew a .086 at the station and got nailed. It ended up costing me about $3500 and I got the cheapest lawyer I could find. She will have a suspendend license for three months no matter what. The SOS takes that away if you're arrested for DUI. You will get lots of flyers from lawyers in the mail soon. That's how I found the one I used.

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post #7 of 55 (permalink) Old 08-18-2005, 01:08 PM
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Assuming it's a first offense, a decent lawyer should get her supervision. Then, it's just the 3 months loss of license,classes, etc and a fine. Should be $3-4K between lawyer and fines. A good lawyer can help make the process less painful. My friend went with a cheap one and the process took quite awhile(and ended up costing$$$). Another acquaintance went in with a lawyer that knew the prosecuter etc and had everything ironed out within one court visit.

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post #8 of 55 (permalink) Old 08-18-2005, 01:11 PM
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post #9 of 55 (permalink) Old 08-18-2005, 01:39 PM
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A good thing to do is to start the alcohol awareness classes now before she goes to court, it will look better for her. lawyers usually charge a flat rate of around 1500 to start for this type of case. by the time your all done with classes etc. it will be in the 3000 range.




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post #10 of 55 (permalink) Old 08-18-2005, 01:44 PM
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Quote:
Originally Posted by Slycer
I should also mention that she's 5'8 105lbs. Refused the field breathalizer, only blew the machine at the station once.

Is there a chance of it being a false positive?

I'm not to sure about DUI's but I do have a friend (sgt chi po po) that said one should never give into the breathalizer because if you do and the reading come back over .08 that is automatic guilt. I know it's a bit to late but a person can refuse the breathalizer. If you refuse, it doesn't mean you're guilty and it is a litte eaiser for the lawyer to find a defense.

Either way, hope all works out for you guys and maybe she'll have another perspective once you guys get through this.

"The first attempt is always the most difficult."
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post #11 of 55 (permalink) Old 08-18-2005, 01:47 PM
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Quote:
Originally Posted by geewiz
I'm not to sure about DUI's but I do have a friend (sgt chi po po) that said one should never give into the breathalizer because if you do and the reading come back over .08 that is automatic guilt. I know it's a bit to late but a person can refuse the breathalizer. If you refuse, it doesn't mean you're guilty and it is a litte eaiser for the lawyer to find a defense.

Either way, hope all works out for you guys and maybe she'll have another perspective once you guys get through this.
You can't refuse the breathalizer test, if you do you will get arrested. This is a new law (last year). If asked to blow, you must blow or go to lockup.

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post #12 of 55 (permalink) Old 08-18-2005, 01:50 PM
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I have to disagree. 2 things...
Yes you may be taken to jail but that doesn't mean you are guilty of DUI
also, I was pulled over in Plainfield was asked to take field sob.. I passed, then was asked to take breath.. I refused and I was let go. This happend in Feb of this year.

I have to disagree, you can refuse.

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post #13 of 55 (permalink) Old 08-18-2005, 01:55 PM
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Okay, lets keep this on thread here, he's asking for a LAWYER. Since so few of us are equipped to offer legal advice, just give him what he needs. Here is a website for 'best lawyers' (based on peer review) Leading Lawyers

good luck and hope this helps!

Crash

Last edited by crashomon; 08-18-2005 at 01:57 PM. Reason: updated
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post #14 of 55 (permalink) Old 08-18-2005, 01:57 PM
 
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Quote:
Originally Posted by RSVMillenian
You can't refuse the breathalizer test, if you do you will get arrested. This is a new law (last year). If asked to blow, you must blow or go to lockup.

you absolutely have the right to refuse to do the beathalizer. my best friend is a lawyer and he told me to NEVER do the beathalizer. you will be arrested but they dont have any HARD evidence on your sobriety. Even if you fail the field tests you could have been on medication, had a head cold, have bad balance or whatever. reasonable doubt is all that is needed. with the hard facts of a breathalizer you are definitely going to get hit.
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post #15 of 55 (permalink) Old 08-18-2005, 01:58 PM
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Don't blow, no matter what. Even if they suspend you for 6 months, it's better than a dui conviction.

Ask yourself "Self, if we don't blow what evidence do they have on us?"

Self's reply "Not much, other than the 300lb girl, the White Castle wrappers and the goat."



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post #16 of 55 (permalink) Old 08-18-2005, 01:58 PM
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You can refuse both the field and the blow test. But they double the stat. suspension. I got a decent lawyer outta geneva and I was able to keep my liscense but I did have to do all the other shit. It ended up costing me between 5000 and 5500 after all the fines and lawyer cost were done. I got lucky my friend was able to sign off on my comm. service.

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post #17 of 55 (permalink) Old 08-18-2005, 02:00 PM
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Think of it this way, when you do the tests, they are not testing you, they are building a case against you. if you dont give them any evidence to use against you, it wont stand up in court. at that point all they have is you were swerving, so there was a bee in the car and you were swatting at it. simple as that.




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post #18 of 55 (permalink) Old 08-18-2005, 02:01 PM
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Cool

Oh and, my brother's an attorney, Hawkeye's right, No Blow means No Evidence. So you go to the clink for an hour or two? Big deal, save yourself between $2,000 and $6,000 and don't blow. Simply state "My lawyer said I'm to cooperate in every way but the breathalyzer."


The rest of it (field tests, flirting, burping before blowing, etc) is all conjecture and remember, many times its up to the police officer's discretion on what to do, so just be polite and hope for the best. (Like any of us are gonna remember this when we're behind the wheel and plowed, or worse, on a bike and plowed!)
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post #19 of 55 (permalink) Old 08-18-2005, 02:03 PM
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Quote:
Originally Posted by RSVMillenian
You can't refuse the breathalizer test, if you do you will get arrested. This is a new law (last year). If asked to blow, you must blow or go to lockup.
You're going to jail either way.

NEVER blow!

My attorney told me that when you blow and PROVE you're legally drunk the best attorney in the world can't get you off. They can get you a reduced fine or lesser penalties or, at best a wreckless of some sort. But DUI will be on your reccord. Don't blow and you're innocent 'till proven guilty. No blow = no proof = innocent of a DUI.

It's obviously not that simple but you've got the basics. . . Be polite, don't make a lot of conversation and NEVER, EVER blow on the street or at the station.

And I know, don't drink and drive/ride. . . you might spill!

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post #20 of 55 (permalink) Old 08-18-2005, 02:03 PM
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Quote:
Originally Posted by RSVMillenian
You can't refuse the breathalizer test, if you do you will get arrested. This is a new law (last year). If asked to blow, you must blow or go to lockup.
There is a law but never ever ever blow into the breathalizer. No way to get out of it if you register over the state max.

Guy I know who lives in Ottawa got pulled over last summer. Ex girlfriend called cops on him saying he was drinking and driving. He was drinking but not drunk but definitely over state max. He did not committ any traffic violations but cops pulled him over anyway due to being called. He refused breathalizer and refused field tests. They arrested him for not doing it. Bailed himself out the next morning, got a lawyer and case was dismissed same day.

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post #21 of 55 (permalink) Old 08-18-2005, 02:03 PM
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Oh ya and they will threaten you with an automatic 6 month suspension if you refuse to blow, but that will be thrown out at court since that suspension only kicks in if your found guilty. no evidence means no guilt.

Oh ya and be respectful and courteous. theres no call for being rude to the cop. Think roadhouse. tell him no, but be nice.




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Last edited by HDTony; 08-18-2005 at 02:05 PM.
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post #22 of 55 (permalink) Old 08-18-2005, 02:05 PM
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Quote:
Originally Posted by Slycer
I should also mention that she's 5'8 105lbs. Refused the field breathalizer, only blew the machine at the station once.

Is there a chance of it being a false positive?
Not any more. The breathalizer machine is usually reset or verified every 500 tests and the police make sure they keep track to not lose any cases on issues like that.

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post #23 of 55 (permalink) Old 08-18-2005, 02:06 PM
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Quote:
Originally Posted by crashomon
Okay, lets keep this on thread here, he's asking for a LAWYER. Since so few of us are equipped to offer legal advice, just give him what he needs. Here is a website for 'best lawyers' (based on peer review) Leading Lawyers

good luck and hope this helps!

Crash

My bad. I was just replying to the "false positive / breathalizer" statement.

My bad.

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post #24 of 55 (permalink) Old 08-18-2005, 02:08 PM
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All of this is a moot point if you are involved in an accident. At that point the LEO can force you to submit to a blood test, but I would trust that before I'd ever blow anyway.
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post #25 of 55 (permalink) Old 08-18-2005, 02:08 PM
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Quote:
Originally Posted by Ocean
Not any more. The breathalizer machine is usually reset or verified every 500 tests and the police make sure they keep track to not lose any cases on issues like that.
Yes equipment is constantly certified to make sure of its accuracy, so it holds up in a court of law, if she blew her only option is to lawyer up and beeeeeeg for mercy from the court.




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post #26 of 55 (permalink) Old 08-18-2005, 02:09 PM
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Quote:
Originally Posted by HDTony
Yes equipment is constantly certified to make sure of its accuracy, so it holds up in a court of law, if she blew her only option is to lawyer up and beeeeeeg for mercy from the court.
tru' dat

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post #27 of 55 (permalink) Old 08-18-2005, 02:17 PM
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post #28 of 55 (permalink) Old 08-18-2005, 02:24 PM
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post #29 of 55 (permalink) Old 08-18-2005, 02:47 PM
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I have a really orginial idea......best way to beat a DUI, DON'T DRINK AND DRIVE!! Not a single drop, it's really that simple, never put yourself in the situation of drinking and driving.

Sometimes goodbye is your second chance.
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post #30 of 55 (permalink) Old 08-18-2005, 03:18 PM
 
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This is my job in Milwaukee. I deal with drunk drivers. 99% of all arrested are found guilty.

If her blood (or intox machine, not hand held) was above the legal limit, and she was driving. Screwed. There is a fine, loss of license for minimum of 3 months, and jail time. The jail could change to community service.

She may get an occupational DL, but has limited hours she can drive.

Last edited by Redbusa; 08-18-2005 at 03:27 PM.
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