The issue isn't necessarily whether she's "guilty". There's a huge difference between losing your license for 180 days versus losing it for a MAX of 90 days. And that's just one issue.
OWI first offense
- Thread starter cyclonestate
- Start date
The issue isn't necessarily whether she's "guilty". There's a huge difference between losing your license for 180 days versus losing it for a MAX of 90 days. And that's just one issue.
Having an attorney can lead to lessened fines, or like someone else mentioned the McCartney Center. Which is essentially spending 2 days at a hotel (taking care of classes/evaluations etc..) instead of 2 days in jail. Upon completion fines could be halved which would mean a $750 fine vs $1500. But yea, you'd still be out the attorney fees. Still worth it to not just let the system stick it to you. Often times people who just show up and take the charge aren't even aware of options like the McCartney center.
At the very least, I would talk to a lawyer. Most will meet with you, I mean your friend, for free. They'll at least give you an idea of what to expect or how screwed you are. I mean your friend.
It's been over a page, and nothing on the bold section above? Oh, well.
If the answers to those two questions were "yes", and "the Cop" respectively, she wouldn't be in this predicament.
Same here. Had one in 1996. Blew a .21, had a lawyer, deferred judgement. I had nothing prior and nothing since.
Let me summerize for you. There are two camps on CF.
One will tell you to get a lawyer no matter what. Their argument is to make the state prove their case, regardless of whether your innocent or not. In other words, if you can get by with it, do it.
In the other camp you have those who think if you are guilty you should man up (or woman up) and accept responsibility for your actions. This group seems to think that the police can't make mistakes and you really shouldn't fight anything.
Personally I probably side more with the second group, but not completely. I have worked in and around law enforcement enough to know that: a) people who man up and accept responsibility almost always gets more favorable sentence from the judge then if they fight and are still found guilty, b) police make mistakes (my wife has been pulled over 3 times for DUI and she doesn't drink, one time the officer pulled her over just because another motorist called her in as a DUI for crossing the fog line on a mountain road- by law the officer has to see it for himself and can not pull a car over just because someone called 911).
The last thing to think about is cost. Do you want to spend or have the money to spend on a lawyer if your guilty? You may end up eating that money and a harsher sentence. Use your head and no when to cut your loses or those loses may keep growing.
One will tell you to get a lawyer no matter what. Their argument is to make the state prove their case, regardless of whether your innocent or not. In other words, if you can get by with it, do it.
In the other camp you have those who think if you are guilty you should man up (or woman up) and accept responsibility for your actions. This group seems to think that the police can't make mistakes and you really shouldn't fight anything.
Personally I probably side more with the second group, but not completely. I have worked in and around law enforcement enough to know that: a) people who man up and accept responsibility almost always gets more favorable sentence from the judge then if they fight and are still found guilty, b) police make mistakes (my wife has been pulled over 3 times for DUI and she doesn't drink, one time the officer pulled her over just because another motorist called her in as a DUI for crossing the fog line on a mountain road- by law the officer has to see it for himself and can not pull a car over just because someone called 911).
The last thing to think about is cost. Do you want to spend or have the money to spend on a lawyer if your guilty? You may end up eating that money and a harsher sentence. Use your head and no when to cut your loses or those loses may keep growing.
what was the circumstances for them originally pulling you over? also make sure the report is 100% accurate. I have seen so many people get out of them for inaccuracies on the report or them using an invalid reason to pull you over just due to circumstancial timing and location.
Get a lawyer and try to get a deferred judgement. You don't want it on your record for Insurance and Career purposes. It is going to be expensive either way.
Please don't put me in that group. I made a mistake but have grown to become a productive member of society. I got a lawyer and a deferred judgement. I was guilty and took my medicine, but the state gave me a chance to do better and I have.
This is my case as well. I got a lawyer to help me with the process since I had never been in any kind of trouble before. I was guilty, took my medicine, paid fines, lost license, etc. I still received a deferred judgement. I wasn't trying to get out of anything, just looking for help and guidance. It's been 15years, not sure what the process looks like now.
She is better now, but she use to have a bad time about staring at the passenger and not paying attention to the road. Just the same, I wouldn't say she is a worse driver than most, a lot of it was bad timing.
The one time another motorist called her in for crossing the fog line and the cop pulled her over based on the word of the person who called her in. Police mistake and also illegal. It should be added this was on a mountain pass. Anyone who drives in the mountains knows to use the road.
The second time she was out driving with her mom. It happened to be the night of homecoming and she was along a road that many drunken high school students take back into town from the hills (she was in college at that point). She crossed the white line and was pulled over for DUI, blew the Breathalyzer and was released.
The third time (which I believe was actually the first time), they claim she ran a stop sign. Don't tell my wife, but I think she did, (she just didn't see it). She obviously wasn't drunk but did get a ticket that time.
I think she just tends to be in the wrong place at the wrong time. Not too long after we met she was pulled over for expired tabs, they expired the day before. I know people who go months with expired tabs and never get pulled over.
Get a lawyer. You would be amazed at how often the police botch stops.
If you didn't hurt anyone, who cares if you get it removed from your record? Just learn your lesson and don't do it again.
I swear that half of the people on CF thinks that anyone who makes a mistake in life should be forced to wear a sign that says "sinner" in public, while everyone else publicly stones or flogs them.
If you didn't hurt anyone, who cares if you get it removed from your record? Just learn your lesson and don't do it again.
I swear that half of the people on CF thinks that anyone who makes a mistake in life should be forced to wear a sign that says "sinner" in public, while everyone else publicly stones or flogs them.
As a rule, I generally tell my clients to never plead guilty. Unless the test results were over .15 or there was an accident, a first time OWI offender can generally get a deferred judgment which means there will not be a conviction. This is a primary reason to not plead guilty right away. As this is very general, a person should always consult with an attorney re: what to do and a public defender can be appointed for an OWI if the person qualifies. If the person is an ISU student, they can get FREE legal advice through Student Legal Services at the MU.
People who work in Law enforcement rarely no the consequences of things like this. More importantly they don't care. The way I see it "manning up" is getting a lawyer, standing up for yourself and not letting the system steamroll you. Laying down and taking the charges, only someone who is uneducated about how the system works would do this. You couldn't be more wrong about the way a judge sees this, a lawyer is always going get you a more favorable deal than you would if you just laid down. Whether against you or for you the facts will have a bigger impact coming from a professional. I've had a friend, who was flat out told this in court from a judge. The judge could have been a decent guy and treated the same as person with representation, but guess what? Judges were lawyers! They know lawyers, they are going to look out for lawyers.
