Hello I was allegedly pulled over for speeding and was also taken into custody for dwls. I need to know what my possible defenses are? This is first offense for dwls but I do have a criminal background elsewhere. Not for dui or anything to do with a vehicle. One Can they use that against me and two my suspension has been over with for a very long time I just can afford to pay the outrageous fines... it's just too much for the little income I do make. I live paycheck to paycheck and litteraly have 0$ extra to spend every month (I'm a college student and I work full time)... any suggestions? Than you!
possible defenses
- Thread Starter drhino46
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fredrikklaw
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Abeyance!
DRHINO46...
Despite all the hollering and howling on radio by some attorneys that they can BEAT the DUI charge against you and that there are 356 ways to discredit the evidence produced by the Speed Gun and the Breathalyzer test, as well as all the other locker-room and cooler myths circulating out there, there are no defenses to driving over the speed limit while being over the intoxication limits. Even presuming that an attorney manages to somehow get you off the DUI charge, the implications of a DUI arrest remain the same, such as your car insurance company cancelling your policy and the D.M.V. suspending your driver license just for good measure.
But, unless there was a collision or injury involved, the first DUI offense is considered a misdemeanor by the powers that be and the completion of the proscribed punishments are pretty painless an straight forward and your past criminal indiscretions are not, and cannot be brought into play in DUI proceedings. Unless, the previous offense was also a DUI, in which case and depending on whether it is DUI offense number 2, 3, you would be looking at a charge of felony and much longer periods of driving suspensions and even prison time if injury or death is involved.
As for the fines; well there are two possible ways to avoid the fines which may well be worth trying. One is of course asking the court to parlay the fines into community service, which is really euphemism for forced, unpaid work for the local municipality picking up trash on the side of the highway and whatnot. The second option is to write a motion titled Motion to Hold Fines in Abeyance (Pending Successful Completion of Probation).
By this motion, you will be asking the judge to hold the enforcement of the fines and the jail time for which you promise that you will complete successfully the periods of probation and other non-monitory court orders, so help you God! And yes, I have filed such motion on two occasions in the past (not for DUIs) and was successful on both occasions. So, give it a try.
Whatever you do, do not ignore the court and make sure you complete the MADD class and the however-many-ordered AA Classes at the very least!
fredrikklaw
DRHINO46...
Despite all the hollering and howling on radio by some attorneys that they can BEAT the DUI charge against you and that there are 356 ways to discredit the evidence produced by the Speed Gun and the Breathalyzer test, as well as all the other locker-room and cooler myths circulating out there, there are no defenses to driving over the speed limit while being over the intoxication limits. Even presuming that an attorney manages to somehow get you off the DUI charge, the implications of a DUI arrest remain the same, such as your car insurance company cancelling your policy and the D.M.V. suspending your driver license just for good measure.
But, unless there was a collision or injury involved, the first DUI offense is considered a misdemeanor by the powers that be and the completion of the proscribed punishments are pretty painless an straight forward and your past criminal indiscretions are not, and cannot be brought into play in DUI proceedings. Unless, the previous offense was also a DUI, in which case and depending on whether it is DUI offense number 2, 3, you would be looking at a charge of felony and much longer periods of driving suspensions and even prison time if injury or death is involved.
As for the fines; well there are two possible ways to avoid the fines which may well be worth trying. One is of course asking the court to parlay the fines into community service, which is really euphemism for forced, unpaid work for the local municipality picking up trash on the side of the highway and whatnot. The second option is to write a motion titled Motion to Hold Fines in Abeyance (Pending Successful Completion of Probation).
By this motion, you will be asking the judge to hold the enforcement of the fines and the jail time for which you promise that you will complete successfully the periods of probation and other non-monitory court orders, so help you God! And yes, I have filed such motion on two occasions in the past (not for DUIs) and was successful on both occasions. So, give it a try.
Whatever you do, do not ignore the court and make sure you complete the MADD class and the however-many-ordered AA Classes at the very least!
fredrikklaw
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