[ITstudent2006]

Hello All,

I made a terrible mistake this past weekend and attempted to drive home from my buddies house (after the bar). I got pulled over because the officer said I was hugging the right side of the road too much and made him suspicious. (I was going 54mph).

He could smell the alcohol which I did not deny drinking. He asked how much. I told him. He asked me to do a sovreighty test and breathalyzer, both of which I complied with. I blew .15.

I have never been in trouble with the law before (first time I was ever put in handcuffs :/). I was a gentlemen to the officer and perfectly compliant with his requests and demands. I have notified my chain of command of this incident and they are looking into it to determine their best course of action as far as punishment via the UCMJ.

My questions:

1. What are the chances I can get this reduced to reckless driving? My brother-in-law got an OWI last year for blowing .13 and got his reduced to a reckless driving (he had an attorney).

2. Should I look into an attorney? Would it be worth the time and money? I only ask this because I am unsure of the min/max punishment for these 2 offenses. If they don't differ a whole lot, one might argue it's not worth it.

3. Can I do anything in the meantime to help mitigate the consequences in the courts eye until my court date? Ie: Alcohol awareness courses (offered by Military) etc...

Thanks for your help with this matter. I Appreciate any and all responses.

[ITstudent2006]

[UPDATE]

I am hiring an attorney who specializes in OWI/DUI cases. I had some people say I don't need a lawyer but some people said yes. I figured if I could pay some money to possibly get this reduced to Reckless Driving than it was money well spent. Better to have a reckless driving offense on my record than an OWI.

Any advice is still appreciated.

-Rick

[JudyKayTee]

[UPDATE]

I am hiring an attorney who specializes in OWI/DUI cases. I had some people say i dont need a lawyer but some people said yes. I figured if I could pay some money to possibly get this reduced to Reckless Driving than it was money well spent. Better to have a reckless driving offense on my record than an OWI."

Any advice is still appreciated.

-Rick

I don't know if you were arrested in Michigan or not - here is Michigan law:

"The OWI offense requires the prosecutor to show, beyond a reasonable doubt, that the defendant was operating a motor vehicle. Second, they must demonstrate that the defendant was under the influence of a controlled substance and/or alcohol while driving. The prosecutor bears the burden of demonstrating that the operation of the vehicle was substantially affected by the consumption of those substances.

Anyone can be prosecuted for the above mentioned offenses if they meet the threshold for intoxicated driving. The legal limit in Michigan is .08%."

You were almost double the limit - what does your Attorney advise? If he's good at what he does he can probably get you off with a reduced charge, same as your brother-in-law.

[ITstudent2006]

I meet with my attorney tomorrow. The prosecutor will have no problem proving 2 of the 3 criteria. Yes, I was driving. Yes, I blew .15. The difficult part for them will be proving the impaired driving. I am one of those drivers that hug the right side of the road. The cop didn't say I swerved, speeding, going too slow, etc...

Again, I meet with my attorney tomorrow. I'm extremely upset that I was stupid enough to do this. Kind of put me in a horrible mood as of late as I'm sure you're aware :/

[JudyKayTee]

I meet with my attorney tomorrow. The prosecutor will have no problem proving 2 of the 3 criteria. Yes, I was driving. Yes, I blew .15. The difficult part for them will be proving the impaired driving. I am one of those drivers that hug the right side of the road. The cop didn't say I swerved, speeding, going too slow, etc...

Again, I meet with my attorney tomorrow. I'm extremely upset that I was stupid enought to do this. Kind of put me in a horrible mood as of late as I'm sure you're aware :/

I've posted this before - my Dad was killed by a drunk driver. I realize the more politically correct phrasing is "Intoxicated driver." The driver had a brilliant, brilliant Attorney, far and above the best in the City. In my Dad's case, yes, it was difficult for the DA to prove the driver was impaired, mostly because everyone's main concern was trying to save my Dad's life.

Yes, in my State DUI and DWI charges get reduced all the time, often without points.

The secret is to have a brilliant Attorney, skilled in cases of this type.

[ITstudent2006]

I've posted this before - my Dad was killed by a drunk driver. I realize the more politically correct phrasing is "Intoxicated driver." The driver had a brilliant, brilliant Attorney, far and above the best in the City. In my Dad's case, yes, it was difficult for the DA to prove the driver was impaired, mostly because everyone's main concern was trying to save my Dad's life.

Yes, in my State DUI and DWI charges get reduced all the time, often without points.

The secret is to have a brilliant Attorney, skilled in cases of this type.

I am sorry about your father. I suddenly feel like garbage asking you for advice with this new knowledge.

My attorney specializes in OWI cases. By no means am I trying to evade responsibility; I accept whatever happens, just trying to avoid the negative impacts of an OWI offense on my record. Regardless of the arraignment, the UCMJ will make sure I am punished accordingly, even if civil court does not.

Again, I am sorry to hear about your father.

[Fr_Chuck]

1. What are the chances I can get this reduced to reckless driving? My brother-in-law got an OWI last year for blowing .13 and got his reduced to a reckless driving (he had an attorney).

Hire the same attorney or the best you can, we have one here in Atlanta that has never lost a DUI case, "really" but it costs 10,000 just to get him into the first court appearance He helped write the Georgia DUI laws. But courts don't like trials, and DUI trials have lots of ways to get dismissed completely, so deals are often done. Will depend on the DA and the DA opinion of how good the officer was that did the stop.

2. Should I look into an attorney? Would it be worth the time and money? I only ask this because I am unsure of the min/max punishment for these 2 offenses. If they don't differ a whole lot, one might argue it's not worth it.

Would not walk into the door with a speeding ticket without one, certainly not a DUI, it can effect you, esp from what appears to be the military side

3. Can I do anything in the meantime to help mitigate the consequences in the courts eye until my court date? Ie: Alcohol awareness courses (offered by Military) etc...

Ask the attorney you are going to hire this week

Thanks for your help with this matter. I Appreciate any and all responses.

[Fr_Chuck]

My attorney specializes in OWI cases. By no means am I trying to evade responsibility; I accept whatever happens, just trying to avoid the negative impacts of an OWI offense on my record. Regardless of the arraignment, the UCMJ will make sure I am punished accordingly, even if civil court does not.
.

Don't be sorry, that is what court, attorneys and trials or plea bargains do. DUI get thrown out every day due to.
1. issues with officers POST training or Post certification in DUI stops.
2. issues with testing equipment
3. issues with chain of custody of evidence.

Just to start a list of things the attorney will look at. They are paid to try and get you out of any and all punishments.

[JudyKayTee]

I am sorry about your father. I suddenly feel like garbage asking you for advice with this new knowledge.

My attorney specializes in OWI cases. By no means am I trying to evade responsibility; I accept whatever happens, just trying to avoid the negative impacts of an OWI offense on my record. Regardless of the arraignment, the UCMJ will make sure I am punished accordingly, even if civil court does not.

Again, I am sorry to hear about your father.

No need to apologize, none at all, truly. Everybody makes mistakes. This one incident in no way defines who you are.

Truly, don't beat yourself up over this. If your Attorney is good (hopefully excellent) you should be all right. I think my "unhappiness" with the system is watching a very high-priced Attorney (who certainly is worth the money he's paid) discrediting career Police Officers who certainly make a lot less and are in danger on a daily basis.

But that's how the system works!

Don't beat yourself up over this.

[ITstudent2006]

I spoke with the attorney today that I plan on hiring. Essentially, he broke his defense down into 3 parts.

1. Did the police officer have reason to pull me over?
2. Was I in fact intoxicated?
3. My previous convictions if any that will play a role in my arraignment.

He will review each of these phases in detail (filing for motions if appropriate) and create a solid defense. Our goal has become to either:
A) Reduce to reckless driving.

Or at least

B) reduce to impaired instead of intoxicated.

With help from my Unit (via affidavits, letters of recommendations, etc... ) my attorney feels confident we can accomplish our goals.

Since the police officers reasoning for pulling me over was was that I was "hugging" the righ of the road, my attorney is hoping the police tape (if accessible) will show otherwise or at least evidence that there was no reason to pull me over and support a decision in filing for a motion on #1 above. If this is the case, the charge all together would be dropped. Obviously, this is best case scenario and will be looked into in the following week.

I want to thank everyone who answered and have advice.

[Fr_Chuck]

And not trying to tell him his business, but a few basic should always be verified, IS the officers POST training up to date, At one point here in GA about 10 percent of officers where not up to date. If a officers POST is not up to date they have no right of arrest.
Also to do field sobriety and field breath tests require special training to make an arrest from, so not only does they POST have to be up to date, but their DUI certificate has to be up to date also.

Forget the reason they did the stop, but if for speeding for example, how did they track it and is their equipment certified and were they tested at the start of the shift.

I have seen people get off just because the officers records where requested and the officer or the department failed to supply them.

[ITstudent2006]

Very good information Chuck. Thank You. I would like to be sure that my attorney knows all this but will defintely bring this up to him at some point in the near future.