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Serenity77
Aug 16, 2007, 09:26 AM
:eek:
Okay- so to make a long story short, I was arrested for second dui in june- blah blah blah- got my license suspension overturned by dmv so it's valid until I'm convicted- still going to court once a month to try to get this crud straightened out-...
Well-
I went to my last court appearance and was told by my attorney that if I didn't want to do the jailtime and, fines, blah blah blah,. that if I got more than one state away- and stayed away- that- after 5-7 yrs the bench warrant for misdemeanor will drop off. He made it clear that any sort of trouble in another state I will be held until Arizona decides if they want to extradite but he said they rarely do for this kind of thing, and he said the only way Im most likely going to be dragged back here kicking and screamin' is if I get caught for dui somewhere- anywhere -else because then it will be a felony.
I thought it was awful weird for him to tell me this. I know he doesn't want that because he made me swear up and down I would be at my next appearance, but why tell me that? He is court appointed too- :confused:
Soooo- bring it on- did I get myself a weird one?

JohnSnownw
Aug 16, 2007, 09:39 AM
You seem rather nonchalant about a very serious issue. Anyway, to answer your question, it sounds like he's telling you what you need to know.

Serenity77
Aug 16, 2007, 10:08 AM
No I'm not nonchalant Im just getting straight to the point- it is a very big deal but the minor insignificant details were just left out-
I guess it just seemed odd that he would even suggest such a thing. I felt as if he was telling me so that if I did "run" I knew how long and how far to go. :-s NOT that I'm going to run- but apparently he has seen it before, I don't know-

GlindaofOz
Aug 16, 2007, 10:21 AM
That is not a good thing. After your court stuff is done I would call the public defenders office and let them know what he told you. He shouldn't be giving out that kind of information to his clients. I know my sister is an ADA and when she gets assigned to people she would never dream of telling them how to get around the court system. That's not his job.

JohnSnownw
Aug 16, 2007, 10:26 AM
That is not a good thing. After your court stuff is done I would call the public defenders office and let them know what he told you. He shouldn't be giving out that kind of information to his clients. I know my sister is an ADA and when she gets assigned to people she would never dream of telling them how to get around the court system. Thats not his job.


I fail to see where there is a problem here. This is her second DUI, this guy assumes it's probably going to happen again, it just sounds to me like he's letting her know what she's in for. Anyway, perhaps I'm reading what she wrote incorrectly (as it's not a standard format), but nothing seems out of the ordinary.

GlindaofOz
Aug 16, 2007, 10:29 AM
I fail to see where there is a problem here. This is her second DUI, this guy assumes it's probably going to happen again, it just sounds to me like he's letting her know what she's in for. Anyway, perhaps I'm reading what she wrote incorrectly (as it's not a standard format), but nothing seems out of the ordinary.

I'm talking about him telling her if she wants to avoid judgment she should move two states away and stay gone for 5-7 years and then her warrant will disappear. That's what I'm saying is unethical.

ScottGem
Aug 16, 2007, 10:33 AM
I have to read between the lines here. It certainly sounds like he is telling she can get out of jail time by running away. But I also have to wonder is he's suggesting she run away so she will be more sure to keep out of trouble.

But I think, Serenity, that you need to focus on your problems with alcoholism and your irresponsible behavior rather than your attorney's possible shortcomings.

JohnSnownw
Aug 16, 2007, 10:34 AM
I'm talking about him telling her if she wants to avoid judgment she should move two states away and stay gone for 5-7 years and then her warrant will disappear. That's what I'm saying is unethical.


Ahh, I see that now. Sorry, it was just hard to interpret what she meant because of the way it was written. You are right, he should definitely not be saying things like that. Granted, I do no know the context, but aside from a joke, that should not have been said.

Fr_Chuck
Aug 16, 2007, 10:49 AM
Sounds like poor legal advice, first bench warrants don't normally expire, they last till you die, A few courts clear the minor ones out every few years but this is not the norm. Next if you don't appear the charge will stay open, no statue of limitation once you are charged, so you will some day be before this court most likely.

Yes on more minor crimes if you are several 100 miles away often they do not extridite but will hold you till they find out, and hold you every time you are stopped.

Best advice, see it though and pay the penality for your actions.

Serenity77
Aug 16, 2007, 10:54 AM
Scott-
I am not here for advice on MY shortcomings- thank you anyway. You do not know me do not judge me. That is not your job, that belongs to one man and one man only.
I wasn't suggesting my attorney had shortcoming either. I was caught off guard by his statements, and was looking for a possible explanantion of why it would be said.
And for everybody's information- I do plan on seeing it through and paying the consequences, as I had mentioned in the original post.

ScottGem
Aug 16, 2007, 11:31 AM
Serenity, I'm afraid you don't seem to know how this works. When you post any information here, you open yourself up for comment on whatever you post. Yes, I understand you were looking for info on your attorney's actions, but I was concerned about the blasé attitude you seemed to be showing over the fact that you have TWO DUI arrests.

I have EVERY right to judge based on what you have told us. That is the way things work on sites like these. You have NO right to tell me what I can or cannot say as long as I stay within the guidelines of the site.

In one of your comments you spoke of insults. I don't see anyone in this thread who has insulted you, least of all me. Someone who has 2 DUI arrests clearly has a problem with alcoholism and is clearly exhibiting irresponsible behavior. I was just stating facts based on what you told us.

Serenity77
Aug 16, 2007, 11:43 AM
:confused: Blasé? NO- it was short and to the point - I have already said that TWICE.
Irresponsible? Yes- not denying that- but calling me an alcoholic? That's where I feel it was out of line, and yes- that is an insult. It's okay if someone wants to claim I'm "in denial" and so and so forth- fine- but my question was regarding my attorney's comments and reasoning behind that. I appreciate answers that address the question- nothing more, nothing less. ;)
I guess I should just learn to accept the answers that address the question- regardless of if it is what I want to hear...
And brush off the statements that have do not pertain to the question. :rolleyes:

ScottGem
Aug 16, 2007, 11:49 AM
That's interesting. I thought I was more out of line calling you irresponsible. Girl, you ARE in denial. I strongly suggest you try going to some AA meetings or other counseling. There is NO question in my mind that someone who gets a second ARREST for DUI is an alcoholic. God only knows how many other times you have driven whole impaired and not been arrested.

You can brush off, ignore, deny whatever you want. But until you come to creeps with your condition, you will probably get arrested yet again, only this time it might be after you kill someone!

CaptainRich
Aug 16, 2007, 02:41 PM
Due to the legal system trying to put a stop to DUI's, many states have resiprocity and if you fail to appear, in any state, your license and driving privileges could be revoked. There is no statue of limitations on that. If you're revoked in one state and try "hiding" in another, the "boy's" over here won't appreciate you running from "the boy's" over there.
Face the music and ask the court to get you some help.
And, I'd look for different legal counsel, too.
Just my opinion...

XenoSapien
Aug 16, 2007, 02:54 PM
Serenity, you have a wonderful quote, "Everything happens for a reason. You have to trust your God's judgement in knowing- he knows- what he's doing, and use your own good judgement to make sense out of it* "

Is God encouraging you to continue to get more DUI's, or are you?

XenoSapien

froggy7
Aug 16, 2007, 07:01 PM
I have to read between the lines here. It certainly sounds like he is telling she can get out of jail time by running away. But I also have to wonder is he's suggesting she run away so she will be more sure to keep out of trouble.

Is it remotely possible that the information was offered as a warning? In other words, along the lines of "If you don't go to court and pay your fines, then the only way that you could stay out of trouble would be if you moved...." etc.

s_cianci
Aug 16, 2007, 09:21 PM
He's just presenting you with all of your options based on practical experience. Actually it sounds fairly logical to me and I'm not even an attorney.

Chery
Aug 25, 2007, 07:44 AM
Hmmm. Wonder what happened to serinity...

I hope for her sake that they referred her to a clinic and gave her a second chance.

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