I Made A Terrible Mistake This Week & Any Legal Advice or Support Would Be Welcomed!!!!

[Corey_Baker08]

Let me begin this by introducing myself to those that may not know me. My name is Corey Baker I live in small town Ohio in a hardcore Republican district. I have been a member of DU since early 2003 when I was fairly young rooting for John Kerry in the primaries. Du has come to be a sort of safe haven if you will for me to discuss important issues with very knowledgeable people.

To get on with the subject of my post, This Monday I was sitting at my home and I hear a loud banging at the door. Initially I go to the door to see who it was and what was so urgent. At the door stood my landlord with an Eviction Notice because my parents had unfortunately been devastated by the job losses that they fell behind in rent. Admit tingly, at 20 I still live with my parents, I know, But I work 5 days a week and with their recent job losses they couldn't afford for me to move out as I pay a good portion of the utilities.

With that being said, the agonizing stress of the situation of not knowing where my family would be living after the next week put my anxiety level at an all time high! So I decided to go to a local bar here in my hometown where I would be meeting several of my buddies. In Ohio you only have to be 18 to get in a bar you just can't drink, the point being myself as well as my buddies for the most part where under 21.

To be honest and admit my mistake I must tell you I began drinking. I did not feel intoxicated or impaired enough to limit my mobility skills and reaction speed, so I began to drive home. Well two of my friends that rode with each other from a city about 11 miles away got into an altercation which left one of my buddies walking back to town 11 miles.

As I am usually a generous person I knew that it would be wrong to let him walk that distance so I stopped him and another friend he was with and offered them to stay the night at my house a half mile down the road, they accepted.
En Route to my house I was pulled over by a local police officer. She was a very nice generous female cop. Now you must know I admire law enforcement officers as I am going to school to be one so I was extremely cooperative.

She stepped me out for a field sobriety test in which I consented. I was told to walk the straight line one foot in front of the other. I explained to the officer that I had 3 previous surgeries and that medically told to me my equilibrium was off balance and I would have problems with balance. She had no response to that. After twice in which I did poorly she turned me around put the cuffs on and told me I was under arrest for OWI.Remaining calm I asked the officers what had become of the other two occupants of my vehicle, she explained the had failed Breathalyzers but they weren't driving so the were free to walk away, I was astounded. I cooperatively went to the police station and was wrote citations for the following>>>
*OWI- Breathalyzer registered .101
*Minor Consumption of Alcohol
*Speeding- 45 in a 35

The Judge in the case who Ive dealt with on a prior Minor Consumption 2 years ago is my ex-family lawyer who lobbied for prison time in a case where my Aunt was killed in a drinking and driving accident, and her best friend was the one driving. Believe me this was one of the hardest tragedies I have ever had to face, we were so close and she was taken too soon, and I DO NOT condone drinking and driving I am against it but I also am a realist in a sense of the number of people who do it, and unfortunately in this case I was one of those numbers.

To conclude here I am going to school in the future for Criminal Justice Law Enforcement I am afraid an OWI would pretty much ruin that so when I go to court Tuesday I am going to enter a plea of not guilty and possibly ask for a change in judge due to personal relations. For those familiar with the law or with an otherwise good opinion is it even possible to get the OWI reduced to Reckless Operation or some other charge? I really don't want that on my record at 20. I believe I may be able to get the Minor Consumption reduced too on the basis that out of three minors under the influence she chose to only charge one which was me. To me that don't seem logical to not charge the other to minor persons with minor consumption and just send them walking to wherever they went. The speeding ticket I'll own up to!

Sorry to rant and rave but my stress level is to the peak right now and I would greatly appreciate any sound Legal Advice (doesn't have to be from a lawyer) but I would really like to know the best way to not beat these charges but to get the reduced. I am a first time offender with the exception of the Underage Consumption 2 years ago at my high school graduation party and I complete A.A. and 8 weeks of drug/alcohol testing and classed at a place called the Recovery Center. Out of the entire class I was one among very few who was there everyday willing to learn passed every drug test and graduated on time in a weeks with a positive outlook.

I am really scared to go through this right now and its not what I want on my record trying to become a public servant possibly even in the political world someday. If there is anyone out there who could share with me the best way to handle this case with the ultimate goal being to get the charges reduced please share!!! Also anyone with similar stories and scenarios feel free to share the process!

Thanks In Advance :hi :hi: :hi:

[Tobin S.]

1. Corey, your best bet is to hire a lawyer.

I'd also advise quitting drinking. I started drinking when I was very young, too, and it was a source of problems for me until I quit in January of this year- 20 years after I got drunk for the first time when I was 15.

[Corey_Baker08]

2. Thanks For The Advice However I Must Mention I Do Rarely Drank

This was an occasion to relieve the stress but I completely understand your point and it is well taken!

[nightrain]

6. it's not how often or how much one drinks--it's what happens when a person does--

you just got a wake-up call, learn from it. This is the early part of consequences. Go to all the required DWI classes and LISTEN. Accept responsibility. If not, the consequences get worse.

[alphafemale]

3. humility

It will probably be rough for you for a year or so because you will likely lose your license. You will probably have to go through DUI School and will have to pay way higher insurance premiums for a few years at least.

I don't know if there's a NOLO plea available for DUI.

But here's what that means.

http://www.criminal-law-lawyer-source.com/terms/nolo.html

Good Luck. And remember this...like those questionable tacos bought out of a roach coach? It will pass. It may be painful and awful but it will pass.

And if you are religious at all-or not-because I am not, and even still. I take comfort in this observation. In the Bible? It talks of things that "come to pass." They don't "come to stay."

I know at twenty even the idea of this being on you for 6 mos or a year let alone 5 or 10 years seems like a mountain you can't climb. But, you can overcome this.

Would the rest of your life have been easier without a DUI on your record? No Doubt.

Again, you can overcome this. You obviously have brains and spirit. You can do this.

But don't ever drink and drive again...K? Please?

We wuv u. :hug:

[Ineeda]

4. No legal advise here but...

please learn from your mistake. Do not ever again get behind the wheel of a car after even one drop of alcohol has passed your lips!!! With one prior and the impact of the horrible circumstances of your aunt's death, one would think...well never mind. Consumption of alcohol, obviously, impairs the thinking process. You seem otherwise intelligent and I wish you luck.

[crim son]

5. You appear to recognize your mistake. Don't make it again

because if you think you're in a world of shit this time, you ain't seen nuttin'.

I don't have legal advice but I do have a DUI of my very own, luckily with no aggravating offenses (pulled over for expired registration!) and I have learned that people are rather understanding about first offences of this sort. You may not be in trouble with school, or work, or anything else. On the other hand, your intelligence and accomplishments aren't going to get you off the hook - you need legal representation, and right away. There was a lawyer in NH who used to argue that the breathylizer thingy was faulty and not an accurate way to measure BAC... and the argument worked.

Best of luck. You're going to be humiliated &etc. but you will get through this.

[HopeHoops]

7. Just be honest, polite, and answer directly - no excuses.

A judge can read bullshit before you enter the building. The ones who start their answers with "You see, it's like this." or "No, that's all wrong." get the tougher end of the deal.

[The Velveteen Ocelot]

8. Legal advice you get on the Internet will be worth exactly what you paid for it.

You need a lawyer who is familiar with the laws and procedures of your jurisdiction; try Legal Aid if you can't afford to hire someone. But please don't try to handle this yourself.

[graywarrior]

9. I didn't always get in trouble when I drank, but when I did get in trouble I was drinking

It's not a mistake when you end up in AA. You can drink once a year, but if you get into trouble because of it, you have a problem.

Get a lawyer and get counseling. You're too young to screw up your life because of alcohol.

[nolabear]

10. You sound like a nice guy. But so are many other people who drink and drive.

Imo you should find out exactly how this OWI (and I feel certain you will, and should be convicted) will affect your job future and you should begin figuring out if you can make repairs immediately, not only legally but internally. If you are susceptable to out-of-control drinking when under stress, you need to find another way to deal with stress. The kind of job stress you will be under, drinking, then being armed is a dangerous thing.

Congratulations on having this wake-up call. It's severe, realistic, and might keep you from killing someone someday. You sound like a great guy, and I've seen some great guys pay some terrible prices for actions they thought would never come to pass.

[SoCalDemGrrl]

11. Get a lawyer.. My friend had the same thng happen she was only a .08

which is the bare minimum for an offense.

The lawyer was able to get the charge down to an "exhibition of speed" which is a non alcohol
offense. She still pays more for insurance for 3 years, but at least it's not an alcohol conviction.

It's worth the expense and time.

[JonLP24]

12. I don't know about your state

In Washington state I known someone who as almost twice the legal limit but because it was first offense he had it knocked down to a reckless driving or something similar on the stipulation that he attend AA or some other kind of rehab class. However he was several years over 21 and you're 20 so I have no idea. Get a lawyer and try explore the probable cause as to a field sobriety test as well as your condition and so forth.

[Kali]

13. um, you are a minor that should keep this off future employment issues, I would think

get a lawyer, that is what they are for
otherwise lots of good advice here - examine your reaction to stress and find another way to deal with it or this will become a pattern. Teenage drunken party incidents are one thing, drinking because of stress is a bad sign.

[JonLP24]

15. One slight correction

He says he is '20' which isn't legally a minor but not old enough to drink because he is under 21 which I guess is the reason he has that charge. I'm not so sure everything done as a minor is erased. When I had my record checked for admission to the Army my two charges were still there.(14 & 17)

[Kali]

16. I could EASILY be wrong!

that is why I endorse getting an attorney for sure.

However that issue might be internet search-able or at least easily obtained from a legal aid call, I would think. The specific case needs an attorney, though.

[JonLP24]

17. I agree about the attorney for sure

[rcrush]

14. It must be just me but I am obsessive about the speed limit

I may have an irrational fear of being pulled over by the cops but speeding is the easiest way to get attention you dont want.