Enough money can ensure that each time a person is charged for DUI, it's a first offense, and may be plead down to a lesser offense.
CD.....you and I are of a similar mind in regards to checkpoints, but we'll diverge on the above statement (at least in my AO).
If I plea a DWI charge of any sort, including a DWI 2nd or Aggravated DWI down to a "basic" first offense, I am mandated NY RSA to write a letter detailing why I did so to the AG. Those letters are, by nature, open to a FOIA inquiry. Not sure I'd like to write too many of those or have a repeat offender kill someone after I pled it down and document it.
George
�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
I think that is what most here will do. Thing is some of us don't think it is constitutional. Some here seem OK with bending over for the boys in blue, and some of the boys in blue seem to like that. The ones of us that think that it is against the constitutional will keep trying to get it stopped. miles
It appears I didn't make my point clearly.... I'll try again:
A first offense, with no attendant vehicle accident, is ALWAYS a misdemeanor here. BUT..... it can be used to enhance a subsequent offense, and therein lies the danger as far as a first conviction.
So...... you spend whatever it takes to avoid the FIRST conviction. A good lawyer can ALWAYS plead it down to reckless driving, public drunkeness, etc.
But, if you are charged again in the same jurisdiction, and get the same P A , they can be MUCH harder for your lawyer to deal with.
A fishing friend of mine currently doing 90 days in the County Jail for a THIRD DUI offense. He also got a TEN year probated prison sentence. The P A went all the way back 19 years to get the one that made it a Third Offense.
He ran up over 20 grand in legal fees to avoid the Pen.
Sad thing is that he hasn't learned and no amount of money will get him off if he is charged again. He will go straight to Huntsville to do his ten years.
If he had spent a fraction of that twenty grand on the one he got 19 years ago, he would have been much better off.
Not your fault.....I understood but didn't reply as coherently as I should have. Multitasking on the cell, apologies.
My above applies to a first offense as well. It's a Misdemeanor B (the lesser of our two misdemeanors) for a first. It used to be "standard" to plea a first to a Reckless Operation and the "client" would eat ALS (the Admin. suspension from the state). Then came the letter writing......
I agree, though, that a client is better off spending the cash on the first offense to try to beat it (if they can't simply NOT drink and drive).
George
Last edited by NH K9; 02/23/15.
�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
While the urge to slap the [bleep] may be over whelming ( I have that urge from time tto time myself with some people ) , a professional can not do that , big no no
I think that is what most here will do. Thing is some of us don't think it is constitutional. Some here seem OK with bending over for the boys in blue, and some of the boys in blue seem to like that. The ones of us that think that it is against the constitutional will keep trying to get it stopped. miles
best bet is to become friends with several of them, so when you get arrested for shooting up your old lady's ex's truck while he's sitting in it, they'll book you on something like attempted aggravate assault and the judge throws it out because either you assault someone or you dont.
God bless Texas----------------------- Old 300 I will remain what i am until the day I die- A HUNTER......Sitting Bull Its not how you pick the booger.. but where you put it !! Roger V Hunter
A first offense, with no attendant vehicle accident, is ALWAYS a misdemeanor here. BUT..... it can be used to enhance a subsequent offense, and therein lies the danger as far as a first conviction.
So...... you spend whatever it takes to avoid the FIRST conviction.
You only do that if you intend to continue driving drunk in the future.
A fishing friend of mine currently doing 90 days in the County Jail for a THIRD DUI offense. He also got a TEN year probated prison sentence. The P A went all the way back 19 years to get the one that made it a Third Offense.
He ran up over 20 grand in legal fees to avoid the Pen.
Sad thing is that he hasn't learned and no amount of money will get him off if he is charged again. He will go straight to Huntsville to do his ten years.
If he had spent a fraction of that twenty grand on the one he got 19 years ago, he would have been much better off.
Yeah, he'd be drinking and driving for many more years to come.
