Charged with DUI while in a parked car in gated parking lot, have questions.?
Hello, About a week ago I was arrested for DUI while sitting in my car in a parking structure. I am very petite and was sitting in my car because I did not feel safe standing downtown by myself at 2am. I did have the keys in the ignition because I was charging my phone waiting for my ride to ca...
Hello,
About a week ago I was arrested for DUI while sitting in my car in a parking structure. I am very petite and was sitting in my car because I did not feel safe standing downtown by myself at 2am. I did have the keys in the ignition because I was charging my phone waiting for my ride to call and say they were there so I could run out and meet them. I guess someone saw me in my car while I was waiting and called the cops. The cops came and asked me if I was ok to drive and I told them no I was not and that I was just waiting for my ride. They asked me to step out of the car and take a sobriety test. I asked them why I needed a test when I just admitted that I was intoxicated. They told me that if I didn't step out of the car they could use force. So I stepped out of the car and refused the test. They arrested me and charged me with DUI. I did some research and found out that even being in the car with the keys not even in the ignition you can be charged with a DUI. So since I was in the car I am technically guilty even though I did not intend to drive and have a witness that can testify that she was coming to pick me up.
I spoke to a couple of lawyers and they each told me that I am guilty and could probably avoid jail by pleading to a lesser charge. I also found out that I can ask the judge to meet with me and prosecutor privately before the date of my trail.
If I cannot afford a lawyer can I still get a plea deal? Would talking to the judge and prosecutor and pleading my case privately do me any good? Where can I find the exact laws for DUI by state word for word and also for Moving Violations (not sure that it matters under the "physical control" guidelines but I'd like to learn as much as I can especially if I am going to have to defend myself)? Does the state you are in have to have a "safe harboring" law in order for you to use that as an example? All thoughts or answers would be greatly appreciated as this is my first offense for anything, I don't even have traffic violations, and I am terribly nervous and scared.
oh and I have already scheduled a meeting with an alcohol abuse counselor because I read that helps your case when you go to trial. I also have gotten character statements from the director of my work who is well respected in my community. Is there anything else I should try to get to help my case?
Thank you in advance.
If you did not submit to a alcohol test like a breathalyzer, or blood our urine then they cannot tell how much you had to drink even though you admitted to them you were intoxicated. A lawyer should be able to get you off with that if you did not submit to the toxicology test. Now if you a get an court appointed attorney they will make a deal with the courts and you will have to take certain probation etc. Don’t spend money on alcohol counselors it is a waste of money . Go to A.A. meetings and get a paper signed that you have been going that will help. A.A. is Alcoholics Anonymous and it is free and you will have a number of people with advice for you that have been down the same road you are traveling now. My advice don’t worry just wait and get a paper signed at A.A. meetings then talk to them and take a reduced plea deal. If you can afford a lawyer and you did not take the toxicology test then fight it and you should win. Good Luck!
i have 4 dui"s so here it goes.
1. keys in ignition is just like driving.
2. refusal of breath test, automatic loss of drivers license for 6 months, depending on your state.
3. if you cant get a lawyer, try a public defender, if you dont make enough money.
4. if first offense, no jail time anyway.
5. 9 times out of ten, the judge will always take a plea, lot cheaper for them than to do the trail.
GOOD LUCK!!!!!
Hello Missyoda, Read your question about the D.W.I. charge. First of all, never appear in court without an Attorney on this type of charge. Your attorney can do more talking with the D.A. and the charging officer then you can. About the charge itself. Some information was left out about your arrest. I understand you refused the sobriety test but did you refuse the Alco-Sensor or intoximeter? Refusing the intoximeter is an automatic loss of license for 12 months upon a conviction. Here are some questions you need to answer with your attorney. 1) If anyone saw you driving or did you admitt to the officers that you had been driving? 2) What the Alco-Sensor or Intoximeter reading was if any? Your best defense will be with an attorney, so he/she can gain the officers arrest report. This way he/she can defend what rights you have on your charges. Good Luck !!!