Hey guys...

Haven't been around in a while...but I know I can count on you all. Well I'm starting my senior year at college here in 4 weeks and about to get my B.S. in Marine Geology. Well my life was going real good, have 2 jobs, school, and nice truck and everything.

June 21st, I decided to make the worst choice of my life. I decided to go out to a bar and drive home. Sounds harmless, but I was over the legal limit and got pulled over here in South Carolina. I don't deny I'm at fault, I was wreckless in my decisions. People told me not to drink and drive my whole life, I thought I was "too good" to get caught, ya know. Well, I was pulled over as I was turning into my apartment complex, got arrested and hauled off to county jail.

Now I'm running into trouble because I have a Virginia license in SC. I have to respect both state's laws. This has proven to be the biggest headache, and most valuable lesson ever. I WILL NEVER drink and drive again, I'll pay the 20 bucks for a cab. It's not worth endangering myself and others.

Well in all, I have to go to ADSAP for blowing over a .15. And my DUI case is still pending for a jury trial. I don't need a lecture on how I was wrong and not to do it and "if you do the crime do the time." I know! And its not I'm sorry I caught, I am truly sorry for my actions......

What I need is advice on the whole situation, I'm in the process of getting my license reinstated and all the DMV hassles. I'm really stressed out and just overwhelmed. On top, my parents are stressing me out with this and I just cant find a light at the end of the tunnel. If you've been here before or can help somehow please let me know...

I dont know what Im asking for, Im just really confused guys....

Thanks, MS

At least nobody got killed, you commited an undefensable crime, no lawyer is needed, your guilty as charged, pay your fines, work off what needs to be done.
After a couple years of insurance hassles, all will be behind you, good luck

Matt, While I am not sorry to hear of your plight I am encouraged by your willingness to accept the consequences of your actions. I have arrested a number of drunk drivers and I've also responded to and witnessed the carnage of the accidents caused by drunk drivers. I've also made the death notifications.

I am no lawyer and I don't dispense legal advice but if you have specific questions I can perhaps steer you in the right direction for some answers. You need not face a jury trial as you always have the right to plead guilty.

If I were you, I would not do a thing or talk to anyone about the specifics of your case until you talk to an attorney.

Matt, While I am not sorry to hear of your plight I am encouraged by your willingness to accept the consequences of your actions. I have arrested a number of drunk drivers and I've also responded to and witnessed the carnage of the accidents caused by drunk drivers. I've also made the death notifications.

I am no lawyer and I don't dispense legal advice but if you have specific questions I can perhaps steer you in the right direction for some answers. You need not face a jury trial as you always have the right to plead guilty.

If I were you, I would not do a thing or talk to anyone about the specifics of your case until you talk to an attorney.


I have a lawyer. This is so I can learn and at the same time TRY not to have this follow me the rest of my life. As I am young and in college, I made a mistake and I really dont want this on my record when trying to get a job when I graduate.... Key point "I dont want", but I did do it, so im trying to make things work out ya know. I made a mistake that "sorry" wont solve, ya know.

Do you have any advice as to technicalities or anything try to help me? The lawyer told me alot and I am just so flustered right now by this whole thing. Do you have any words or advice (other than dont drink and drive) to help me move on in life?

First, ask your attorney to explain the reality of reciprocity and the motor vehicle codes of SC and VA.

Second, this happened June 21st, a month ago. Have you written your own chronology of events as best you remember them. Include in thsi your demeanor when you booked til the time your were bailed? If not, do so ASAP.

Third, have you obtained a copy of the arrest report yet? If not, do so soon. For how long and what distance were you being observed by the police? ,
Fourth, when is your first court apperarance scheduled?

Fifth, what's your driving record like? How many tickets/points do you have on your license?

Sixth, ask your attorney the wisdom of going through a jury trial vs a bench trial. In these matters it was always my observations that juries are considerably more harsh than a judge especially if there were aggravating factors (being an ####### during the arrest). You stand little chance with a jury.

Seventh - do you have any witnesses that were with you while you were partying? Were any of them not drinking or acting as a designated driver for someone else? If so, ask that person to be a witness - good choice as the operson would have been sober and can testify clearly to events.

Eighth- I take from your post you did the alchasensor or breathalizer. What other field sobriety tests did you do and how did you do? How much had elapsed from the time of your last drink until the time of your breathalizer?

Fact: attorneys charge by the hour and it takes a lot more preparation for a jury trial than an appearance before the bench. You have to voir dire the jury panel, etc and its just more time consuming.


Please don't use the "I'm young and in college" defense. Not only is it insulting the intelligence of the trier of fact - but South Carolina is a very pro-military state and there are a lot of young men and women in Iraq who aren't as fortunate.

this is the same thing that happened to me but it was a BS charge...i fought my DUI charge and won....only thing i did was listent to the lawyer....let it happen and wait mine out...now i gotta deal with this speeding ticket from the speedo gear being off

Matt, I am glad you learend this lesson with no physical harm to any one.

I would share this story with people who may not have the insight you now have.

Good luck sorting out the rest of the details.

oso
If your in law enforcement, you know darn well that trying to beat a DUI is futile if you fail field sobrity tests and have BA over the legal limit.
This may cost 20 grand to attemp to beat something that the accused is guilty of.and will most likely lose the case

I'm with spindle. I work in law enforcement too and I would say plead guilty pay the fines and move on with life. You could waste alot of money and time trying to beat it. You may even win, but it is just as easy pay and work through it.

I'm not just saying this cause I work in law enforcement. I got busted for underage drinking 6months before my 21st b-day. Even though I was not driving I still lost my dl for 90 days and spent alot of money on fines.

You'll be alright. You just learned a life lesson the hard way.

Spindlecone and Lt. Jim - please note that I said he has the right to plead guilty and I think he should do so. Second, everyone under our system of justice is entitled to the best defense possible (affordable?) and, as a defendant charged before the bar, Matt has every right to fully understand and exercise his rights. Granted, DWI cases with forensic evidence (BAC through blood or breathalizer tests) carry a presumption that's hard to overcome but the defense has an obligation to challenge every aspect of the prosecution's case. FYI- I've seen field sobriety test results thrown out based on the officer's previous arrest history of DWI arrests.

BTW Matt- did the officer have a dash mounted video camera record your arrest?

From the details provided by Matt I DO THINK he should plead guilty. If this is his FIRST offense then a clean driving record, a good academic record, working two jobs, and any other positives are factors in mitigation to be considered bythe trier of fact when fashioning an appropriate sentence.

Don't want to appear to be pro-defendant in this instance but he asked for advice. Those working in the criminal justice system know these things.

I was arrested and convicted of a DUI when I was 21. It was a hard pill to swallow, but in the long run it was probably one of the better things to happen to me. I was lucky in the fact that I just driving erratically and not involved in an accident. You life is going to become more complicated (and much more expensive) for the next couple of years. But after those couple of years, things will start to return to normal. Expect to have to file an SR-22 for your insurance, which will make your rates increase tremendously. I ended up having to get rid of the car I had when I was convicted (a new 1987 Nissan 200SX) due to the insurance increase (from $1000/year to nearly $3000/year).

Even though everything seems to be overwhelming to you right now, in retrospect you will see that what is happening to you right now is an important lesson, and as long as you learned from that lesson, the negative impact on your life in the long run will be minimal.

Well said Okrazie1. The trials and tribulations (life's lessons) based on the decisions we make as we mature is exactly what the older members have experienced. Its always easier to learn from someone's else's mistakes but the mistakes that are of our own making seem to have the lasting impact.

;)

BTW Matt- did the officer have a dash mounted video camera record your arrest?

He should, the lawyer is trying to obtain the tapes to see if procedures were followed.

It may have bee an "unwarranted" stop. I had 2 of my friends with me in the car with windows down at 3am and we were driving past a stop light at a another bar where cops sit and stake out. Maybe he pulled me over on suspicion. BTW, the cop never told me why I was stopped (ie speeding, swearving, etc)

Hmm.. Correct me if I'm wrong but I believe the police officer has to notify you why he stopped you. Everytime I've been pulled over, I've heard "Sir, I'm Officer X from the X Dept. The reason I pulled you over was X"

Most traffic stops are "unwarranted", they're based initially on reasonable suspicion and rooted in observations made by the arresting officer. In terms of speeding it is either a hit on radar or pacing for a minimum distance. People are arrested for DWI and hauled off to jail immediately because their continued operation of a motor vehicle represents an imminent threat to themselves and others. Arrest warrants are secured from the magistrate prior to or during the process of booking. Just a clue - three young men driving around at 3:00 a.m. with the windows down (music blaring?) is enough circumstance to create a reasonable suspicion.

Matt, did the officer ask you if you and your friends had been drinking and if so how much?

Blee, you're right in terms of normal every day moving violations.

The music wasnt loud, and he did ask if my friends had been drinking, didnt ask how much just if they were old enough.

my mom just recently got pulled over and taken to jail.. i had to bail her out at 2:30 in the morning it was one of the worst things that's ever happened to such a great person.. she smelled horrible from her clothes and the way she was treated in jail it was so horrible.... but she's just going to pay the fines and move on.... and she's ok with it now.. it's just something you gotta do this happens to LOTS of good people.. i used my mom for an example, a great lady who just had a couple too many and drove home and got caught.. it's a fact of life.. so just live with it, pay the dues and use it as a story to tell your kids when they're you're age :)

oso. I was not trying to discredit your information and yes you did say he could plead guilty. My suggestion, I feel, is the easier way to move on and live life. He feels bad enough about screwing up so if I were him I would want to move on as quickly as possible. If he tries to fight it out in court he will just drag out the time he has to deal with it. Hope this makes sense.

From the dates, did you do a full month in jail? I met alot of people in VB jail that got a DUI and they sat in the drunk tank for a night then came back in a month for court. Then they got 5 days and a suspended lisence. That was applicable for at least 4 people I talked to and none of them did any more than 10 days. I know how these situations can be (I got a 101 in a 65 and has a nitrous bottle hooked up) so I have had the legal run around also. Just keep your head up man.

From the dates, did you do a full month in jail? I met alot of people in VB jail that got a DUI and they sat in the drunk tank for a night then came back in a month for court. Then they got 5 days and a suspended lisence. That was applicable for at least 4 people I talked to and none of them did any more than 10 days. I know how these situations can be (I got a 101 in a 65 and has a nitrous bottle hooked up) so I have had the legal run around also. Just keep your head up man.


Since it was in SC, i get convicted according to SC law. Im not being tried in VA. Although I still have to meet VA and SC DMV requirements. Its really confusing. Im in the process of getting a SC license to make things a little easier. I will be able to get a SC license here soon when I enroll in ADSAP. SC is less strict with the the fist conviction than VA. My trial for the DUI wont be until atleast Nov., right now my license is suspeded for high BAC.

How long is it suspended for? Will that be known to the judge before trial to lessen or forgive the suspention of your lisence?