Author Topic: Legal Advice (Read 6806 times)

Stevesie60 · « **on:** September 30, 2011, 10:03:11 PM »

For a friend (except actually for a friend).

He got a DUI the other night and I'm trying to help him out. Anyone know a good way two help reduce the sentence? It's his first one, he was breathalyzed after taking too wide of a turn.

Trim · « **Reply #1 on:** September 30, 2011, 10:08:37 PM »

There's 2 tracks you have to deal with on a DUI - administrative (driver's license) and criminal.

Criminal, he should be able to get a diversion. Won't help at all if he keeps getting DUI's (it will still count as a prior), but will eliminate a conviction and criminal punishment for this one.

Administrative, I think the loss of license still depends on whether he failed or refused. Last I prosecuted this, refusal was much worse. I'm not sure anymore, but I bet ksubrian will enlighten us.

Stevesie60 · « **Reply #2 on:** September 30, 2011, 10:15:00 PM »

He failed. Does it matter the extent to which he failed? Because he wasn't that far over.

j-von · « **Reply #3 on:** September 30, 2011, 10:26:28 PM »

Going to send you a pm. I have a friend that specializes in dui cases here in manhattan.

Trim · « **Reply #4 on:** September 30, 2011, 10:32:29 PM »

Quote from: Stevesie60 on September 30, 2011, 10:15:00 PM

He failed. Does it matter the extent to which he failed? Because he wasn't that far over.

I think it'll just be 30 days suspended and the rest of the year restricted. It's pretty tough to win the administrative side of the case.

Cire · « **Reply #5 on:** September 30, 2011, 10:36:42 PM »

Did he blow or refuse

Trim · « **Reply #6 on:** September 30, 2011, 10:37:52 PM »

Quote from: Cire on September 30, 2011, 10:36:42 PM

Did he blow or refuse

Quote from: Stevesie60 on September 30, 2011, 10:15:00 PM

He failed. Does it matter the extent to which he failed? Because he wasn't that far over.

puniraptor · « **Reply #7 on:** September 30, 2011, 10:38:45 PM »

Laws are super tough now. I have an (actual) friend that got a DUI (first one) and got totally thrashed. He got a lawyer that he was told was great but actually sucked. He got a diversion for the criminal charges, but the license hearing is separate. When he finally got sentenced it was OVER A YEAR after the offense. He lost his license for a year and now has to install an ignition breathalyzer interlock for a year.

Of course he did blow pretty high.

Icing: he lived 3 blocks from Aggieville and still drove AND got arrested in the driveway to his house.

(Sorry if you are reading this buddy

)

slimz · « **Reply #8 on:** September 30, 2011, 11:40:38 PM »

He's f'd unless the arresting officer messed up the test/arrest somehow. DUI's gotten a lot stricter over the last coupla years in Ks.

Stevesie60 · « **Reply #9 on:** September 30, 2011, 11:43:14 PM »

Quote from: slimz on September 30, 2011, 11:40:38 PM

He's f'd unless the arresting officer messed up the arrest s

Assuming the officer didn't, what's best case scenario?

jtksu · « **Reply #10 on:** September 30, 2011, 11:46:33 PM »

Yeah, the license stuff is pretty cut and dry, unless the cop doesn't show up. For the first, just take the diversion. If he picks up a second, it's probably worth actually fighting in court. Also, dude's gonna have to do AA and complete an out patient treatment program. Fines are like a grand. Probably will get one year of non-reporting probation. Oh, and a weekend in a hotel for some conference deal. (Unless he just want's to do 4 days in county.) Nice thing about diversion is he doesn't have to declare the offense on jobs apps, etc.

slimz · « **Reply #11 on:** September 30, 2011, 11:47:29 PM »

Quote from: Stevesie60 on September 30, 2011, 11:43:14 PM

Quote from: slimz on September 30, 2011, 11:40:38 PM
He's f'd unless the arresting officer messed up the arrest s

Assuming the officer didn't, what's best case scenario?

Lots of factors. There will be some license suspension, maybe some mandatory treatment. Intoxilyzer option.

06wildcat · « **Reply #12 on:** October 01, 2011, 01:02:06 AM »

I think ignitionlocks are standard for a year on 1st time dui's now. And yeah, get the diversion and take whatever comes with the suspended license. He'll pay a shitload more to an attorney for a 1 percent chance of not losing his license.

Kat Kid · « **Reply #13 on:** October 01, 2011, 08:37:18 AM »

Quote from: jtksu on September 30, 2011, 11:46:33 PM

Yeah, the license stuff is pretty cut and dry, unless the cop doesn't show up. For the first, just take the diversion. If he picks up a second, it's probably worth actually fighting in court. Also, dude's gonna have to do AA and complete an out patient treatment program. Fines are like a grand. Probably will get one year of non-reporting probation. Oh, and a weekend in a hotel for some conference deal. (Unless he just want's to do 4 days in county.) Nice thing about diversion is he doesn't have to declare the offense on jobs apps, etc.

No. You have to take a survey at an alcohol counseling place and complete a "don't drink dare for adults"

jtksu · « **Reply #14 on:** October 01, 2011, 09:17:35 AM »

My post was simply the requirements for the diversion program for Wichita muni cases, I'm sure there is some variation from court to court. Yes.

Kat Kid · « **Reply #15 on:** October 01, 2011, 10:13:11 AM »

Quote from: jtksu on October 01, 2011, 09:17:35 AM

My post was simply the requirements for the diversion program for Wichita muni cases, I'm sure there is some variation from court to court. Yes.

Could be related to amount you blow? No clue here.

jtksu · « **Reply #16 on:** October 01, 2011, 10:20:37 AM »

Possible. I know quite a few people who have DUIs (including myself) and that was pretty much standard for the diversion program. Then again, the laws seem to change frequently. I didn't have to get a ignition device but I think they're mandatory now.

felix rex · « **Reply #17 on:** October 01, 2011, 11:46:04 AM »

Never had a DUI, but I think most people (especially in suburb type areas with no mass transit and low walkability) could have had one at least once. I'm pretty forgiving about it when looking at job apps, so long as it's just one and it wasn't "drive through a preschool" bad.

jtksu · « **Reply #18 on:** October 01, 2011, 11:47:27 AM »

Yeah, I would assume that quite a few folks in KC have DUIs. It's not like you have many options.

Benja · « **Reply #19 on:** July 10, 2014, 12:38:03 PM »

Since this board is just chock full of lawyers

This sleepy fat guy is suing for 10 mil

http://www.vice.com/read/does-the-fatty-cow-suing-espn-have-a-case-194?utm_source=vicetwitterus

Cartierfor3 · « **Reply #20 on:** July 10, 2014, 12:40:11 PM »

So just for reference, is it a better idea to just blow and deal with the consequences or to refuse to blow, if you find yourself in a DUI situation?

Benja · « **Reply #21 on:** July 10, 2014, 12:43:57 PM »

I would just blow. At least then you can play the game where you can guess what number you're going to hit.

XocolateThundarr · « **Reply #22 on:** July 10, 2014, 12:52:33 PM »

EllRobersonisInnocent · « **Reply #23 on:** July 10, 2014, 12:54:17 PM »

Quote from: Stevesie60 on September 30, 2011, 10:03:11 PM

For a friend (except actually for a friend).

He got a DUI the other night and I'm trying to help him out. Anyone know a good way two help reduce the sentence? It's his first one, he was breathalyzed after taking too wide of a turn.

Did same dude get #2 the other night?

420seriouscat69 · « **Reply #24 on:** July 10, 2014, 12:55:51 PM »

Tell him to pay double, get a diversion and get it off his record.

CASE CLOSED!