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Kay

Charleston, WV

#1 Nov 25, 2013
First of all, don't lecture me about how I can kill someone. Hear me out.
I am a 30 yr old stay at home mom. My daughter ended up staying overnight with my mother in law who she rarely sees and my husband was away on business. I was having drinks HOME alone off and on all day cleaning putting up Christmas décor and wrapping gifts. I was called unexpectedly about midnight to come to a location I oversee and disarm a faulty security system. I am the only one with a back up key card. I do not like staff coming to my home or knowing my address so I went to drop the key off and disarm,(I own my own business) and was heading back home and I made a Uturn in South Charleston to get back onto 64E. I was pulled over. I have never been arrested for ANYTHING in my life so therefore was not versed on DUI law. I was manipulated into thinking I had to take field sobriety tests and breath tests and ultimately arrested (shocker). I blew a .175. I had been drinking steadily through the day , had not eaten in about 8 hours and it is what it is. I first declined the breath test but the officer said if I did not blow, I could lose my driving privelages for life. I now know this to be insane. I was not out of control, did not hit anything or anyone, and was very cooperative. Should I seek a lawyer? Could my charge be dropped down to non aggravated dui if I do? What about the DMV portion? I know these are separate cases. Please don't copy / paste the LAWS I read them. I need to know from PERSONAL experiences.... first offense DUI, Kanawha Co/ specifically South Charleston Municipal Court,(aggravated Dui BAC > 0.15) what is your story and how did it turn out for you with or without legal counsel.
Uhhh

Brooklyn, NY

#2 Nov 26, 2013
Manipulated into taking field sobriety tests? Don't do them, you are still gonna get arrested. You were drunk, you failed them. Accept responsibility or they won't reduce anything. You can probably plead guilty to non aggravated DUI. Your license will be suspended for a while. The whole back story is no excuse. It's not going to be any comfort to someone when you kill their family member.
Hmmmm

Charleston, WV

#3 Nov 26, 2013
Uhhh wrote:
Manipulated into taking field sobriety tests? Don't do them, you are still gonna get arrested. You were drunk, you failed them. Accept responsibility or they won't reduce anything. You can probably plead guilty to non aggravated DUI. Your license will be suspended for a while. The whole back story is no excuse. It's not going to be any comfort to someone when you kill their family member.
Amen!!!
Argo

Fulton, IN

#4 Nov 26, 2013
Definitely need a lawyer. They should at the very least plead it down to non aggravated. Im not sure about the DMV. Some people say they cant afford a lawyer. in a matter like this you cant afford not to get one.
my opinion

Red House, WV

#5 Nov 26, 2013
Totally agree! Definitely get a lawyer!
Dupont City Dweller

Charleston, WV

#6 Nov 26, 2013
The back story is totally not necessary. NO ONE CARES WHY you were drinking, you sound like you are trying to justify your actions. You should have a back up plan if you are the ony key holder. Because if not for being unavailable to fullfill your alarm responsbilities due to drinking, a "next time" for whatever reason will happen. Be prepared. Also, you could have delivered the key by taxi to and from.
billhilly

Baltimore, MD

#7 Nov 26, 2013
Refusing to take the test in complied concent, Automatic one year suspention of licence. The DMV does not give much even with a lawyer you are looking a 45 days suspnsion then a blow and go for 9 months. After you take a costly DUI class.
As far as the criminal part Municipal courts are pretty easy. Chances are you will get the minimum fine I think is $200 so I would not put out the money for a lawyer. However if you do get a lawyer I would suggest Glass law firm out of Clarksburg
billhilly

Ellicott City, MD

#8 Nov 26, 2013
Sorry implied concent

Since: May 13

Winifrede, WV

#9 Nov 26, 2013
Your back story will matter as long as you add to the end of it that you made a poor decision and have learned your lesson. That being said, cops are required to come to the DMV hearings now so you will lose your license for some period and you will have to take classes.
wvdill

Pittsburgh, PA

#10 Nov 26, 2013
You ought to get a lawyer. Because if this is your first offense and all a lawyer might get you a wreckless driving rap instead. Especially if he/she can find holes in the whole arrest process.

Since: May 13

Winifrede, WV

#11 Nov 26, 2013
You blew a .175, your not going to get a wreckless driving. Not a chance in hell. Save your money to pay for your classes. A lawyer is not going to do you any good. Just tell them your story, their not going to care why you did it, just that you are sorry and won't do it again.
2 posts removed
that guy

Hurricane, WV

#14 Nov 26, 2013
get a lawyer
Waste

Dunbar, WV

#15 Nov 26, 2013
The cop may have done you a favor. The punishment for refusing to blow (implied consent) is worse than the punishment for aggravated DUI. You'll be rid of interlock in 9 months instead of 12. Either way, for a first offense, you can plead guilty and get it off your criminal record in a year. So save that money, and use it to register for the safety program as soon as possible. Also, the DMV doesn't care what happens in criminal court. It goes by the initial charge, so even if you get it lowered, you're license suspension will not be affected unless you fight the DMV, too. That's a separate process, however, and I've heard the DMV is much more stubborn than the city.
No lawyer just the truth

Charleston, WV

#16 Nov 26, 2013
In this case a lawyer is not needed. Just tell the truth and pay the fines and you'll lose your license for about 3 to 6 months. Probably 3 months. If you get a lawyer in this scenario all it will do is cost you more money and fatten some lawyers pocket.

Tell them yes I was over the limit and I do sincerely aplogize and it will never happen again. I should have made other arrangements to silence the alarm and it's because of that I am before you.

You just need to tell officials the truth and for that you do not need a lawyer.

Lawyers are needed for 2nd or 3rd dui's and maybe cases where a person was injured, not in your case.

Goodluck
whoa

Charleston, WV

#17 Nov 26, 2013
DO NOT PLEAD GUILTY! Plead Nolo Contedere. You will still get the fine and license suspension but, you will not have a guilty plea on your record.
1 post removed
No lawyer just the truth

Charleston, WV

#19 Nov 26, 2013
Just tell the truth take the fine and suspension and they'll be no need for a lawyer. This time!

Again goodluck
dui

Charleston, WV

#20 Nov 26, 2013
.175 is aggravated dui. you have to have a lawyer. under.15 you can plead with no lawyer.
No lawyer just the truth

Charleston, WV

#21 Nov 26, 2013
dui

What is the lawyer going to tell the judge that she can't?.175 is still .175 no matter what or who explains it. If this is her 1st dui and she was cooperative and she tells the truth then there is ne need to hire a lawyer and spend even more money.

A 2nd or more dui's then yes, but the first one...NO need for council
Kay

Charleston, WV

#22 Nov 26, 2013
Everything you all said was either 1. so low IQ that I immediately dismissed the content or 2. I already knew.
Money is no object to me so I hired the best.
Yes I technically blew a .175 (aggravated)
Will be reduced to non aggravated and will be allowed into WV Deferral Program and will have NO criminal DUI record, will lose license for 15 days and will fork over the funds.:)
being a mom , age 30, making over 250K a yr helps. Thanks for all the mentally retarded replies. Courts do not have the FUNDS or TIME to fight these things therefore they are looking for....
$$$$$$. which I have. no jail time no record. yawn....
Shame

Hurricane, WV

#23 Nov 27, 2013
You want to call names and you are the dumbass that drove drunk! If you make so much money why even ask on topix? If someone hit and killed one of your family members who blew what you did would you want them to get off easy? You belong in jail! Obviously your money doesn't get you common sense

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