Court tomorrow for DUI in CA. No attorney/blew.17bac. any advice for my court hearing please?
ImaLittlebitRock&roll asked:
I am so glad that I did not hurt anybody or myself. So I dont need the run around thank you!
What do they ask?
Do you make a personal statement?
Guilty or no contest?
etc. I would appreciate anything.
Thank you
UPDATE! I had court this morning and everything went just fine. I talked to the DA and she said that it is pointless to get an attorney unless you blew between a .08-.10 or if its not your first offense. She said the judges have a standard punishment they give everyone for their 1st offense.
Seriously though…are you sorry, because if you crashed into me and killed my babies…
They will give you a couple options.
1) Do we need to appoint you an attorney
2) Would you like to speak to the Prosocuter to see if the 2 of you can reach a deal.
You can always make a personal statement, but they usually save that for sentencing. It probably will not be done tomorrow, unless you agree to a plea.
I would advise you to get an attorney, but a public defender can work for you if you be upfront and tell them what you want.
Hope this helps and good luck!!
if you blew it, you might as well plead guilty, they caught you
If tomorrow is your first court appearance, you will most likely just plead “guilty” or “not guilty”. You won’t have to make a statement, because the chances of your case being settled tomorrow are pretty small. I know that you aren’t a bad person - this crime is a luck of the draw type of thing; plenty of people have driven after drinking, but haven’t gotten caught.
You can request a public defender, and more than likely the court will urge you to hire your own attorney (if you can afford one) or assign you an attorney. The process will probably take a few months at least, before it is settled. Good luck.
EDIT: Contrare to what the 3rd answer says, you are not “caught”. My mother is a prosecutor, and there have been plenty of times where defendants went to trial after having blown and got found “not guilty”. Juries have a tendency to acquit on driving while intoxicated charges because they know that it could have been them (especially because most people don’t really know what amount of alcohol will put them over the legal limit).
I would say plead guilty, act appropriately contrite, tell the judge you’re really sorry and that you’re glad you didn’t hurt anyone, and ride it out.
I hope it’s your first offense. They’re much harder on the 2nd offense.
Good luck!
you might still have time to get officers notes and certification documents for the tester.
you waited too long to ask so that’s all I’m offering.
always get the officers notes.
you want to know what the judge is seeing.
you sound like you know you were sh$# faced.
if so plead guilty and accept the outcome.
I’ve had a police officer shake my hand because of the way I handled myself in court.
never a DUI but numerous others
can the guy below me say that?
requesting the officer’s training records for DUI related arrests and certification records of the equipment is just a waste of time. the frequency which it happens to them….they have that information kept up to date. its more of a stalling tactic or long shot possibility for people that know they are guilty.
you can always keep your fingers crossed that the officer forgets they have been subpoenaed for the proceedings. sometimes the case is dropped if the arresting officer fails to show up (without good reason).
Guilty, not guilty, or no contest. its up to you.
If you want to man up and save the city the cost of a trial then take your punishment like a man and accept your fate. the ADA is generally more favorable to people that plea out since they do not really want to take the time and effort for a trial since it costs the city more money they do not have. press your luck and go for trial…the ADA will be far less likely to give you a deal and will push for a far longer/stronger sentence for you.
if your DA is big on prosecuting DUI cases then you may be screwed either way. some DA’s love to show how they are making their city safer by going after DUI cases since it gets them reelected.
its up to you but man up.
DUI is a very serious offense, with long-term effects upon your driver’s license, insurance, etc., etc. It would be very foolish to try to handle this case without an attorney. If you cannot afford an attorney, one will be appointed for you (and, believe me, whoever is apppointed will know a LOT more about DUI than you do).
It is not “being a man” to plead guilty at the first appearance, it is being foolish. You do not know what defenses you may have or what options there may be. Plead not guilty, get an attorney, and follow your attorney’s advice.