WeGotMud

On The Trail => The Mud Pit ~ Discussion => Topic started by: Groundhawger on March 09, 2009, 04:24:25 PM

Title: my first OWI. any input?
Post by: Groundhawger on March 09, 2009, 04:24:25 PM
WELL SATURDAY NIGHT I GOT ARRESTED FOR DRUNK DRIVING ON MY BIRTHDAY. THEY CHARDED ME WITH AN OWI WITCH MEANS OPERATING WHILE INTOXICATED. SPENT ABOUT 24 HOURS IN JAIL. I HAVE TO APREAR IN COURT ON THE 18TH OF MARCH. IDK WHAT TO DO ABOUT ALL THIS. SHOULD I HIRE A LAWYER OR JUST DO WHAT I CAN DO MYSELF? HAS THIS HAPPEN TO ANYONE ELSE ON HERE? AT THIS POINT IM JUST NOT SURE WHAT TO DO
Title: Re: my first OWI. any input?
Post by: Ranger Dave on March 09, 2009, 04:25:48 PM
 ==doh   hang on to your  pocket book,  because  it  going to  hurt.   
Title: Re: my first OWI. any input?
Post by: Groundhawger on March 09, 2009, 04:35:44 PM
yea it happend to a buddy of mine and spent around 2700.  last time thats gonna happen cuz im done drinking lol
Title: Re: my first OWI. any input?
Post by: Captn. J on March 09, 2009, 06:06:57 PM
i said that either ,, but it gonna hurt yr wallet but first time aint as bad as  2nd  re more worse ... it depends   what was yr breathalizer results? and u might get yr license suspended for 6 months .. get a lawyer, and why did u spend in jail for 24 hours?
Title: Re: my first OWI. any input?
Post by: TOMAC on March 09, 2009, 06:26:06 PM
DD ring a bell.....? ==doh
Title: Re: my first OWI. any input?
Post by: Disturban on March 09, 2009, 08:21:33 PM
Right off the top you will have to pay a drivers responsibility fee something like $2000 to get your license back, AA classes, Alcohol Assessment classes ect ect all of which you get the privilege of paying for.  In Michigan if you commit any crime you are (guilty until proven innocent) and a paid Attorney will probably do nothing for you except take a couple of thousand dollars.

This is my advice, I have been in a few legal battles myself when I was younger and I have learned.

#1 It cost the state at least $30,000 a trial! So take this p00 to trial and make this broke ass state pay to prosecute you!!!

#2 Get a court appointed Attorney and make him work! Dont just accept the first p00 plea bargain they throw at you , many more will come.

#3 Drag this court p00 out as long as you can, keep getting it adjourned for one reason or another, your court appointed Attorney wont want to do it because he dont get paid for your case until it's all done...MAKE HIM WORK FOR YOU!!!!

#4 The court wont want to take it to trial because this state is Broke and they dont want to spend the money so if you keep holding out until the last minute and walk into that court for trial they might come at you with a sweet ass plea bargain. If they dont, go through with the Trial!

#5 All you need is one jury member to say (I dont think he did it) and you just wasted a bunch of the courts money and you walk free!

#6 Dont listen to your Court appointed Attorney, he just wants to hurry up and get paid, you just need him for paper work and to get court dates adjourned. You can walk in there next month and plead guilty and you will receive the same sentence as you would for being found guilty by a jury of your peers...one of those peers might be an Alcoholic and feel sympathy for you, who knows?

#7 You could get this dropped down from a driving while intoxicated to a driving while impaired...there is a big difference.

#8 Dont ever ever do this p00 again...if you do it two more times you will be in prison (FOR SURE) Michigan dont play with 3rd offense drunk drivers anymore!

#9 Fight fight fight...dont roll over and take it up the ass at your first court date...I cannot stress this enough, if they dont come at you will some super plea bargain TAKE IT TO TRIAL!!!           
Title: Re: my first OWI. any input?
Post by: 390JOE on March 09, 2009, 08:30:01 PM
Quote from: Disturban on March 09, 2009, 08:21:33 PM
Right off the top you will have to pay a drivers responsibility fee something like $2000 to get your license back, AA classes, Alcohol Assessment classes ect ect all of which you get the privilege of paying for.  In Michigan if you commit any crime you are (guilty until proven innocent) and a paid Attorney will probably do nothing for you except take a couple of thousand dollars.

This is my advice, I have been in a few legal battles myself when I was younger and I have learned.

#1 It cost the state at least $30,000 a trial! So take this p00 to trial and make this broke ass state pay to prosecute you!!!

#2 Get a court appointed Attorney and make him work! Dont just accept the first p00 plea bargain they throw at you , many more will come.

#3 Drag this court p00 out as long as you can, keep getting it adjourned for one reason or another, your court appointed Attorney wont want to do it because he dont get paid for your case until it's all done...MAKE HIM WORK FOR YOU!!!!

#4 The court wont want to take it to trial because this state is Broke and they dont want to spend the money so if you keep holding out until the last minute and walk into that court for trial they might come at you with a sweet ass plea bargain. If they dont, go through with the Trial!

#5 All you need is one jury member to say (I dont think he did it) and you just wasted a bunch of the courts money and you walk free!

#6 Dont listen to your Court appointed Attorney, he just wants to hurry up and get paid, you just need him for paper work and to get court dates adjourned. You can walk in there next month and plead guilty and you will receive the same sentence as you would for being found guilty by a jury of your peers...one of those peers might be an Alcoholic and feel sympathy for you, who knows?

#7 You could get this dropped down from a driving while intoxicated to a driving while impaired...there is a big difference.

#8 Dont ever ever do this p00 again...if you do it two more times you will be in prison (FOR SURE) Michigan dont play with 3rd offense drunk drivers anymore!

#9 Fight fight fight...dont roll over and take it up the ass at your first court date...I cannot stress this enough, if they dont come at you will some super plea bargain TAKE IT TO TRIAL!!!           

and dont forget the driver responsibility fee thats gonna kill you worse then the the court fines and fees, and you gotta pay that twice, once this year and once next year.

QuoteCategory 2 Offenses

Certain offenses are classified as "qualifying offenses" and carry their own driver responsibility fee independent from the number of points on the driving record. Drivers convicted of qualifying offenses will be assessed a driver responsibility fee of $150, $200, $500 or $1,000 for two consecutive years. The amount is determined by the relative seriousness of the offense. For example:

   *

      Drunk Driving (Operating While Intoxicated) = $1,000
   *

      Reckless Driving = $500
   *

      No Proof of Insurance = $200
   *

      Drove While License Expired = $150

Points from Category 2 offenses and convictions are NOT counted toward the point total for Category 1.

Multiple driver responsibility fees are assessed if a driver is convicted of multiple qualifying offenses under Category 2.

Driver responsibility fees are assessed for two consecutive years for Category 2 convictions. The second year's fees will be assessed on the anniversary date of the first year's fees

Category 2 "Qualifying Offenses"

   * Assessed $1,000 per year for two years
   * Assessed $500 per year for two years
   * Assessed $200 per year for two years (as of May 1, 2004)
   * Assessed $150 per year for two years

Violation followed by Offense Code

Assessed $1,000 per year for two years

   * CDL Manufacture/Distribute a Control Substance (1140)
   * Fail to Use Due Care Causing Death of Person Operating Implement of Husbandry (1804)
   * Fail to Use Due Care Causing Injury of Person Operating Implement of Husbandry (1803)
   * Failed to Stop After P.I. Accident (1610)
   * Failed to Stop or Identify After P.D. Accident (1630)
   * Failed to Stop or Identify After P.I. Accident Causing Serious Impairment of a Body Function (1600)
   * Failure to Stop or Identify After P.I. Accident Causing Death (1605)
   * Failure to Use Due Care and Caution Causing Death of a Construction Worker (1802)
   * Failure to Use Due Care and Caution Causing Injury of a Construction Worker (1801)
   * Failure to Yield For an Emergency Responder Causing Death (1808)
   * Failure to Yield For an Emergency Responder Causing Injury (1807)
   * Fatality Through Negligent or Criminal Operation of a CMV (1405)
   * Felonious Driving (1450)
   * Felony With Auto Used (1440)
   * Felony/Auto Used (1430)
   * Fleeing and Eluding officer 1st Degree - Causing Death (1706)
   * Fleeing and Eluding Officer 2nd Degree -  Causing Serious Injury (1707)
   * Fleeing and Eluding Officer 3rd Degree (1708)
   * Fleeing and Eluding Officer 4th Degree (1709)
   * Manslaughter (1400)
   * Murder/Auto Used (1420)
   * Negligent Homicide (1410)
   * Operated Commercial Motor Vehicle with BAC .04 .07 (1230)
   * Operated While Intoxicated or While Impaired By Controlled Substance Causing Death (1120)
   * Operated While Intoxicated or While Impaired By Controlled Substance Causing Serious Injury (1130)
   * Operated While Intoxicated or While Impaired By Liquor Causing Death of An Emergency Responder (1035)
   * Operated While Intoxicated or While Impaired By Liquor Causing Serious Injury (1040)
   * Operating While Intoxicated (1025)
   * Operating While Intoxicated or While Impaired Causing Death (1030)
   * ORV - Allowed Person Under Influence Alcohol/Controlled Substance To Operate (8030)
   * ORV - Combined Operated Under Influence Liquor/Controlled Substance (8015)
   * ORV - Combined Operated Under Influence Liquor/Unlawful Bodily Alcohol Content (8025)
   * ORV - Operated Under Influence of Controlled Substance (8010)
   * ORV - Operated Under the Influence of Liquor (8000)
   * ORV - OUIL/OUID/OWI Causing Death (8040)
   * ORV - OUIL/OUID/OWI Causing Serious Impairment of A Body Function (8050)
   * ORV - Unlawful Bodily Alcohol Content (.10) (8020)
   * Snowmobile - Felony/Snowmobile Used (7300)
   * Snowmobile - Operating Under the Influence of Controlled Substance Causing Death (7120)
   * Snowmobile - Operating Under the Influence of Controlled Substance Causing Serious Impairment of A Body Function (7130)
   * Snowmobile - OUIL Causing Death (7030)
   * Snowmobile - OUIL Causing Serious Impairment of A Body Function (7040)
   * Unlawful Driving Away Auto (1500)

Assessed $500 per year for two years

   * Child Endangerment (1150)
   * Combined OWI and Controlled Substance (1220)
   * Drove Commercial Motor Vehicle While Disqualified (3230)
   * Drove While License Suspended/Revoked/Denied (DWLS) (3200)
   * DWLS Causing Death (3235)
   * DWLS Causing Serious Injury (3245)
   * No Insurance Under The Insurance Code (3108)
   * Operated While Impaired By Controlled Substance (1210)
   * Operating While Impaired By Liquor (1200)
   * Operating With Presence of Drugs (OWPD) (1105)
   * Person Under 21 With BAC (1240)
   * Reckless Driving (1800)

Assessed $200 per year for two years (as of May 1, 2004)*

   * No Proof of Insurance (3100)
   * No Insurance (3106)

Assessed $150 per year for two years

   * Drove w/o Proper License/Endorsement/Vehicle Group Designator (3020)
   * Drove While License Expired (3220)
   * Drove While Unlicensed or License Not Valid (3010)

*NOTE: Under Public Act 52 of 2004, effective May 1, 2004, "No Proof of Insurance" offenses will not be sent to the Michigan Department of State if the driver can provide proof of insurance prior to the court appearance date on the ticket. Drivers who do not show their proof of insurance will still be charged a fee of $200 for two years. It is the driver's responsibility to present proof of insurance to the court before the appearance date
Title: Re: my first OWI. any input?
Post by: free2blaze on March 10, 2009, 03:06:58 AM
like disturban said, dont pay for an attorny, it is your first offence, it is seriously a waste of your money, if you dont have any other prior arrests for drug or alcohol related offences, that will be a plus for you, not much of a plus but a plus none the less,
your licence will be susspended, at worst you might get 30 days in jail, on my second offence while on probation from my first offence, the judge was gonna give me 30 days but my lawyer got it knocked down to 15 days, the b!7(H said she would keep me out of jail but she didnt, disturban has some good points and no disrespect but  fighting it could get you more time in jail,
and higher court costs, if it goes to trial and even if it gets plea bargined down your still gonna have to pay those extra court costs, and the cost of the court appointed attorney will be included in those costs, you will also have to pay for any time spent in jail, room and board, I tried to argue that I didnt ask them to put me in jail so why should I have to pay for it, ya that didnt work, it is gonna suck, ALOT, but all you can really do is accept the fact that you did commit a crime in the eyes of the law, you wont get out of it cheap, one thing my probation officer said to me is dont let someone or something put your freedom at risk, that has always stuck with me, so please think of not only yourself but all the innocent people on the road, you may not think you were that drunk but if the breathalizer says you were than you were, and going to prison for vehicular homicide would suck a whole lot worse than what you have to deal with on your first offence , I dont have a problem with drinking, I still drink but I stay at home, so please the next time you wanna drink dont drive , there are alot of people out there that want to get home to there families, as im sure you do.
Title: Re: my first OWI. any input?
Post by: RIP_K52007 on March 10, 2009, 03:16:31 AM
moms went threw this  4 times in the last 10 years... she seemed to have good luck talking them down to a lighter charge most the time, might want to get advice from a lawyer..  shes sleepin right now or id call her lol.
Title: Re: my first OWI. any input?
Post by: Disturban on March 10, 2009, 11:56:40 AM
Quote from: free2blaze on March 10, 2009, 03:06:58 AM
disturban has some good points and no disrespect but  fighting it could get you more time in jail,
and higher court costs, if it goes to trial and even if it gets plea bargined down your still gonna have to pay those extra court costs, and the cost of the court appointed attorney will be included in those costs, you will also have to pay for any time spent in jail, room and board,
Court appointed lawyer will cost you $600 no matter what, even if you plead guilty right off the bat or take it to trial (MAKE HIM EARN IT) as well court cost will be the same (NO EXTRA) if you plead guilty right off the bat or take it to trial (Make this broke ass state spend $30,000 plus to prosecute you) court cost will be a couple of hundred dollars...if the Judge has his mind made up to send you to jail then you are going if you go to trial or not! YOU ARE NOT I repeat (NOT) going to jail on your first offense so fight it and drag this out as long as you can (You will still have a License for the next year or two while you fight it) This state is so broke right now they are penny pinching on everything so they really dont want to have a trial for this bull p00 but if they see you are serious about it they will come at you with a better plea bargain...I dont condone what ya done but I am trying to help you out. I have seen many many friends and family members go through this and a few of them walked away Scott Free...but if you walk in that court room with your tail between your legs and plead guilty right away (Thinking it will be better for you) you are 110% screwed!   
Title: Re: my first OWI. any input?
Post by: Mudlight on March 10, 2009, 01:44:36 PM
lrt the layer do the work for you ,but tell him what you want
Title: Re: my first OWI. any input?
Post by: Groundhawger on March 10, 2009, 04:36:33 PM
if i got sent to jail, would i get work reliese so i didnt loose my job?
Title: Re: my first OWI. any input?
Post by: homewrecker john on March 10, 2009, 04:47:57 PM
Pretty expensive night out by the sounds of it...Sorry to hear about this... but to be honest.. I'm not sorry..It pisses me off that f%#@g people are still out there doing stupid p00 like drinking and driving. I have kids on the road now Josh, and they sometimes go down to Grand Rapids. I know to many people that have lost family members because of this p00. Its time to grow the f#$% up!!! If you are looking for sympathy you will find it between p00 and syphilis in the dictionary!!

Pay the fine, Do the time. Learn from it!!
Title: Re: my first OWI. any input?
Post by: Disturban on March 10, 2009, 04:56:37 PM
Quote from: Groundhawger on March 10, 2009, 04:36:33 PM
if i got sent to jail, would i get work reliese so i didnt loose my job?
You are not going to jail! Jails are over crowded and they want you to work so you can pay all those fines!
Title: Re: my first OWI. any input?
Post by: SteveP612 on March 10, 2009, 05:31:13 PM
When I got my first one I paid for a lawyer just because they charged me with a bunch of other stuff.  Got it reduced to Impaired driving everthing else dropped.  Fines were 1200 lawyer was 600.  license reinstatement ws 1000 plus suspended for 6 months then restriced to only driving to work for another 6.  AA classes which were like 100.  Then dont forget your insurance costs mine trippled for 7 years.
Title: Re: my first OWI. any input?
Post by: THAT MUDFIT GUY on March 10, 2009, 07:14:01 PM
first offense they will offer you a plea of impaired driving when you go in to see the magestrate which is exactly what your gonna get if you go to trial  i watched ppl go in and spend money on lwyers and get EXACTLY wht i got  mine was 12 yrs ago and i know the times have changed bla bla   but the best thing you can do is go in plead not guilty and they will offer you a ploea of impaired if you plead guilty to that so take the deal and get it over with
Title: Re: my first OWI. any input?
Post by: dossows on March 11, 2009, 12:20:21 AM
There going to have you talk to a PO, to help the judge make his decision on sentencing. Watch what you say in there.

mostly depends on the numbers you blew?