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FML Pt. 1: I need to fight a DUI
#1

FML Pt. 1: I need to fight a DUI

I need to get my shit together


I have to say 2009 and 2010 was just not my year and I am in serious need of direction since my own intuition and lack of knowledge has led me astray for far too long.

In an earlier thread I posted about my desire to live in either L.A. Or Miami and to put it nicely I put the cart before the horse on that one. My situation right now is dire. Even though I graduated magna cum laude in Political Science, won numerous national academic debate competitions, did a study abroad in Brazil and completed a three year leadership program at my university a year ago, I am still at Krispy Kreme making 7.60 living with my mother approaching 27.

I admit part of the reason why is I look for work very much. I was tired of applying and getting no response and not getting a call back at all so I settled on working part time at Krispy Kreme and teaching Math, World History and English at risk youth at a local learning center for about a year. Now that school is out for the summer I recently cut my hair to look more professional and I'm in the process of gearing up for a job hunt but I have a huge monkey that decided to climb on my back in the past few weeks.

About three weeks ago I was pulled over by a police officer at 2:00am in the morning I was exiting my college campus. The officer suspected drinking (because I smelt like alcohol thanks to the drunk patrons on the dance floor with drinks) and demanded I take a breathalyzer. My friend who was in the car told me under no circumstances to take a breathalyzer and I followed his advice although I consented to a field sobriety test. Despite walking the line perfectly and standing on one leg for forty seconds straight without falling over the cop said I was drunk and I got arrested. In the squad car she asked me again if I would take the breathalyzer which I thought to myself “if you think I am drunk then why are you asking me to take a breathalyzer obviously your judgment is I am drunk” which made me realize she was looking to get something on paper to prove I was drunk (so of course I declined).

I'm locked up for the night and in a holding cell for about 15 hours until my friend bails me out but after reading the paperwork my heart sunk to the floor. I am facing a DUI charge and running a red light I also am facing a suspension of my license for a year because I did not do the breathalyzer which under GA law results in a automatic suspension for one year of my license. Despite that law I was given a ten business day window to request a hearing to not have my license suspended which I requested in the mail and in which I have a mail receipt that they received

Despite the dire circumstances I do have some things going for me. For one I have a great lawyer who has 30 years experience fighting DUI cases (thousands), has great relationships with prosecutors, judges (lots of political contributions he made) and was recommended by my boss who hired me as a teacher (she has lots of experience dealing with the Cobb County legal system having taught lots of juvenile delinquents and said my lawyer was the sharpest one). The prosecutor has no breathalyzer on me and I am on tape doing the field sobriety test exceptionally well. I have no prior DUI's and my last known crime was back in high school when I got into a fight which resulted in a simple battery charge (which can be expunged thanks to GA's first offender). I do know that Lawyers have huge ego's and I am confident in the fact that no prosecutor is going to want a trial given that their chances of losing are high. I am a firm believer that this won't go farther then the plea bargain (and my lawyer has a record of handling 98% of his DUI's before trial)



Problem of course is my lawyer's fee which is 3000. The three grand will cover both court hearings but it has dropped me way in the red. I was able to get 2000 bucks from family and I have about 500 bucks on my Discover card right now. I was just approved for a new credit card (automatic 500) with a 0% rate until March of next year and I have a credit score of 810 so I am hoping I can ask for a credit line increase of at least 1000 dollars. That said, I am going to be in more debt then before (thanks to owing my family money, discover, capital one, school loans, etc) working a shit job and dealing with other life issues (car needs repairs, other bills need to be paid). I do not have enough money in the war chest to afford a trial so I am hoping I get this knocked out in the plea bargain (which may mean eating a reckless driving charge). I have no savings and barely pull in more then 200 bucks a week.


Bottom line I am in hell!

I am getting more hours at work so more money will be coming in and I am well on my way to finishing up studying for my GRE, applying to graduate school in the fall and lord willing being accepted and on way towards a masters in Occupational Therapy three years down the rode but that said, I am in dire need of a plan to find a new job, keep my credit score high and basically beating this case so that my record stays as clean as possible

Sad as this sounds this incident has woke me up. I was struggling trying to stay focused studying for my GRE and since my arrest I am on fire...studying on average 3 hours a day 7 days a week. At this rate I should not have a problem knocking the sucker out the park and getting into a good school but man the path is so flipping filled with obstacles. My honest questions are what do you think are my likely outcomes of my case? What would you do in this situation? Any tips on getting a job that would make me more money even though I have a social science degree? What advice do you have and is there anything I can do starting today to get me where I need to go.

I know I need to start getting some volunteer/observation hours in the Occupational Therapy field and plan on doing lots of hours this summer in that arena but other then that I am drawing blanks (outside of doing the GRE, applying to grad school this year, and twiddling thumbs until fall of next year).
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#2

FML Pt. 1: I need to fight a DUI

I had a similar situation happen to me almost exactly one year ago. I was in a drunken state and only 20feet from my apartment just off campus, and the police decided that I was a danger to myself, my roomate, and my girlfriend at the time (I was completely passive). And when I told them that I would sue them for harrasment they took it upon themselves to take me into custody. As they were putting handcuffs on me I turned my head to spit (I had been smoking ciggarettes all night) and the glob of spittle hit a female police officer right on the shoulder. Things changed to a whole different level after that and I spent the night in jail. Shitty.

Then the next day when I was given my charges I looked at paper and I noticed I was being charged for disturbing peace, resisting arrest, under influence in public, and assaulting an officer (because of the spit).
I fought the charges for months with a court appointed lawyer and I ended up taking no contest to drunk in public charge while all others were dropped. But I know if I had payed for a lawyer I would have had no charges. I suggest to you, take a loan or whatever you need to do to keep your license. Those charges have affected me as it has held me back a year from med school applications.

Anyways it is good that you are doing GRE and taking charge of the next step of your life, but it sounds to me that you need a change of pace from where you are living. Once you get things sorted out and finish GRE you should try to get out of where you are living and do something new.

Good luck with everything though dude, and don't worry about anything. It will all work out.
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#3

FML Pt. 1: I need to fight a DUI

Damn that sucks dude, I don't think there is a clear answer for your questions, or golden prediction to the outcome of your situation. I guess as cliche as it is to say, keep your head up (positive attitude), I am always good at giving the advice, but not always great at following, but you really need to not get to caught up in "what ifs", if you are like me (also poly sci. maj., stoner, etc.) then you might be prone to over-analyzing shit. I think it's good to be analytical, but I often times over think shit, get all worked up, when in reality I should just be chilling and keeping my mind clear, and staying stress free.

As far as your situation, it sucks because the south is a fucking police state, and the system seems to be against you (esp. if you are a minority), but you got to go with the best laywer possible, and worry about paying it off later. I'd say take it one step at a time, continue studying, while working and saving money, at the same time be planing/working on future plans for improvement. I feel this is ironic that I am typing this shit, because everything I am saying to you, applies to me and my own life situation. Anyways, I think the changing of the appearance is the right step, it sucks we got to conform to an extent, but you're chances of getting a job looking clean cut/GQ are higher then if you are rocking dreads, afro, longhair, etc.

Keep applying to new jobs constantly and just accept that most will not pan out, also apply for other shitty jobs like the one you got, if they pay higher, 10 bucks an hour is still better than 7, right? Even though you got caught up by the man, if you got connections, or "street/hustling" skills, get down with flipping some greenery on the down low, as a side source of income. Either way you are going to have to hustle to get your situation in the right direction, no sitting around feeling down about shit, get out there and make it happen.

Finally, get the hell out of the south (no diss if you are born/raised there), but that place is just too conservative, close minded, racist, police state, etc. Plus there are way more opportunities other places like D.C., Chicago, etc. Anyways, best of luck man, hope everything works out for you. Oh yeah, and unless you had been drinking more then a few drinks, or your state has a crazy low blood alcohol limit, I would have taken the breathalizer, I got pulled last Thurs. same situation, did the FST, and took the breathalizer. I had 4 drinks and was pretty buzzed, but got lucky when I came up under the limit, the cops let me go. It sounds like your boy, gave you some bunk advice.
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#4

FML Pt. 1: I need to fight a DUI

Quote: (05-24-2010 03:23 PM)feomuerto Wrote:  

I had a similar situation happen to me almost exactly one year ago. I was in a drunken state and only 20feet from my apartment just off campus, and the police decided that I was a danger to myself, my roomate, and my girlfriend at the time (I was completely passive). And when I told them that I would sue them for harrasment they took it upon themselves to take me into custody. As they were putting handcuffs on me I turned my head to spit (I had been smoking ciggarettes all night) and the glob of spittle hit a female police officer right on the shoulder. Things changed to a whole different level after that and I spent the night in jail. Shitty.

Then the next day when I was given my charges I looked at paper and I noticed I was being charged for disturbing peace, resisting arrest, under influence in public, and assaulting an officer (because of the spit).
I fought the charges for months with a court appointed lawyer and I ended up taking no contest to drunk in public charge while all others were dropped. But I know if I had payed for a lawyer I would have had no charges. I suggest to you, take a loan or whatever you need to do to keep your license. Those charges have affected me as it has held me back a year from med school applications.

Anyways it is good that you are doing GRE and taking charge of the next step of your life, but it sounds to me that you need a change of pace from where you are living. Once you get things sorted out and finish GRE you should try to get out of where you are living and do something new.

Good luck with everything though dude, and don't worry about anything. It will all work out.

Thanks for the words of encouragement. I am doing the best I can and going forward with my plans and will try to keep my mind off of the bad stuff.
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#5

FML Pt. 1: I need to fight a DUI

Quote: (05-24-2010 07:11 PM)OGNorCal707 Wrote:  

Damn that sucks dude, I don't think there is a clear answer for your questions, or golden prediction to the outcome of your situation. I guess as cliche as it is to say, keep your head up (positive attitude), I am always good at giving the advice, but not always great at following, but you really need to not get to caught up in "what ifs", if you are like me (also poly sci. maj., stoner, etc.) then you might be prone to over-analyzing shit. I think it's good to be analytical, but I often times over think shit, get all worked up, when in reality I should just be chilling and keeping my mind clear, and staying stress free.

As far as your situation, it sucks because the south is a fucking police state, and the system seems to be against you (esp. if you are a minority), but you got to go with the best laywer possible, and worry about paying it off later. I'd say take it one step at a time, continue studying, while working and saving money, at the same time be planing/working on future plans for improvement. I feel this is ironic that I am typing this shit, because everything I am saying to you, applies to me and my own life situation. Anyways, I think the changing of the appearance is the right step, it sucks we got to conform to an extent, but you're chances of getting a job looking clean cut/GQ are higher then if you are rocking dreads, afro, longhair, etc.

Keep applying to new jobs constantly and just accept that most will not pan out, also apply for other shitty jobs like the one you got, if they pay higher, 10 bucks an hour is still better than 7, right? Even though you got caught up by the man, if you got connections, or "street/hustling" skills, get down with flipping some greenery on the down low, as a side source of income. Either way you are going to have to hustle to get your situation in the right direction, no sitting around feeling down about shit, get out there and make it happen.

Finally, get the hell out of the south (no diss if you are born/raised there), but that place is just too conservative, close minded, racist, police state, etc. Plus there are way more opportunities other places like D.C., Chicago, etc. Anyways, best of luck man, hope everything works out for you. Oh yeah, and unless you had been drinking more then a few drinks, or your state has a crazy low blood alcohol limit, I would have taken the breathalizer, I got pulled last Thurs. same situation, did the FST, and took the breathalizer. I had 4 drinks and was pretty buzzed, but got lucky when I came up under the limit, the cops let me go. It sounds like your boy, gave you some bunk advice.

Great advice and thank you for replying.

I look back and wonder if I should have taken the breathalyzer or not but considering how the cop was treating me and the fact I had a few drinks I was not going to take the chance. That said, I am worried about my license the most since that would make going to work far more difficult. I got the best lawyer I could get and I am hoping for a favorable result. Until then I am studying my ass off and going towards graduate school which is all I can do. I am just praying I get judges that will understand my situation and give me a chance. I would be happy even if I have to drive to work and school for a year under a limited provisional license. I just need things to go my way this time for once in my life.
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#6

FML Pt. 1: I need to fight a DUI

My brother got 3 DUI's before he was out of college. It was terrible at the time. That was 8 years ago. Now he just laughs at how stupid he was back then. Do your time, pay your fines, use taxis.
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#7

FML Pt. 1: I need to fight a DUI

Quote: (05-24-2010 09:40 PM)IshGibbor Wrote:  

Quote: (05-24-2010 07:11 PM)OGNorCal707 Wrote:  

Damn that sucks dude, I don't think there is a clear answer for your questions, or golden prediction to the outcome of your situation. I guess as cliche as it is to say, keep your head up (positive attitude), I am always good at giving the advice, but not always great at following, but you really need to not get to caught up in "what ifs", if you are like me (also poly sci. maj., stoner, etc.) then you might be prone to over-analyzing shit. I think it's good to be analytical, but I often times over think shit, get all worked up, when in reality I should just be chilling and keeping my mind clear, and staying stress free.

As far as your situation, it sucks because the south is a fucking police state, and the system seems to be against you (esp. if you are a minority), but you got to go with the best laywer possible, and worry about paying it off later. I'd say take it one step at a time, continue studying, while working and saving money, at the same time be planing/working on future plans for improvement. I feel this is ironic that I am typing this shit, because everything I am saying to you, applies to me and my own life situation. Anyways, I think the changing of the appearance is the right step, it sucks we got to conform to an extent, but you're chances of getting a job looking clean cut/GQ are higher then if you are rocking dreads, afro, longhair, etc.

Keep applying to new jobs constantly and just accept that most will not pan out, also apply for other shitty jobs like the one you got, if they pay higher, 10 bucks an hour is still better than 7, right? Even though you got caught up by the man, if you got connections, or "street/hustling" skills, get down with flipping some greenery on the down low, as a side source of income. Either way you are going to have to hustle to get your situation in the right direction, no sitting around feeling down about shit, get out there and make it happen.

Finally, get the hell out of the south (no diss if you are born/raised there), but that place is just too conservative, close minded, racist, police state, etc. Plus there are way more opportunities other places like D.C., Chicago, etc. Anyways, best of luck man, hope everything works out for you. Oh yeah, and unless you had been drinking more then a few drinks, or your state has a crazy low blood alcohol limit, I would have taken the breathalizer, I got pulled last Thurs. same situation, did the FST, and took the breathalizer. I had 4 drinks and was pretty buzzed, but got lucky when I came up under the limit, the cops let me go. It sounds like your boy, gave you some bunk advice.

Great advice and thank you for replying.

I look back and wonder if I should have taken the breathalyzer or not but considering how the cop was treating me and the fact I had a few drinks I was not going to take the chance. That said, I am worried about my license the most since that would make going to work far more difficult. I got the best lawyer I could get and I am hoping for a favorable result. Until then I am studying my ass off and going towards graduate school which is all I can do. I am just praying I get judges that will understand my situation and give me a chance. I would be happy even if I have to drive to work and school for a year under a limited provisional license. I just need things to go my way this time for once in my life.


Thats what I thought.

Sorry, I really wanted to sympathize with you from your first post, but I worked a year as an EMT, and any sympathy I had for drunk drivers got permanently erased and replaced with rage. I saw some things that were beyond awful. You would also be surprised to learn that approximately 99% of all people who drink and cause a MVA do so after having "2 beers," and it's almost always on their way back home and that this was the only time they have ever done it.

About the job situation, I am sympathetic, the only thing you can do is chin up and work the alumni network of your school, and get any experience you can.
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#8

FML Pt. 1: I need to fight a DUI

I know what you mean IshGibbor. While my charge isn't a DUI, it's bad enough to affect my chances for med school and I can't have that. You have already taken the first step by getting a lawyer to help you fight these charges. 3000 is steep but it's all about how bad you want it off your record. For me, my lawyer told me I only had to do 50 hours of community service to have a fair chance, but I have ended up doing over 100 before my court date in early June. I suggest that you talk to people who know you from different aspects of life--i.e. professors, sports coaches, counselors--and ask them to write you a letter of character. The goal is to have a solid set (4-7 letters) that describe how this one mistake is not a fair judgment of your character. They can then go on and talk about how they know you, and the accomplishments you've achieved in their eyes.

Best of luck to you my dude. 2009 and 2010 have been shitty for me up until recently. I was lucky enough to find this forum where everyone is motivated to succeed and to just keep going as Roosh puts it. Keep your head up.
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#9

FML Pt. 1: I need to fight a DUI

$3000 is actually quite cheap for a DUI defense. Everyone I know who has ever tried to fight a DUI paid in the $10k range. Hell, I fought a misdemeanor charge in college and paid $3k for my lawyer.

That said, I hope everything turns out well for you. It sounds like you have all your ducks lined up and just need to power through this rough patch. Good luck with everything.
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#10

FML Pt. 1: I need to fight a DUI

Never drive a car. http://www.thegmanifesto.com/2010/05/the...-snow.html
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#11

FML Pt. 1: I need to fight a DUI

Quote: (05-26-2010 04:22 PM)DrArete Wrote:  

Quote: (05-24-2010 09:40 PM)IshGibbor Wrote:  

Quote: (05-24-2010 07:11 PM)OGNorCal707 Wrote:  

Damn that sucks dude, I don't think there is a clear answer for your questions, or golden prediction to the outcome of your situation. I guess as cliche as it is to say, keep your head up (positive attitude), I am always good at giving the advice, but not always great at following, but you really need to not get to caught up in "what ifs", if you are like me (also poly sci. maj., stoner, etc.) then you might be prone to over-analyzing shit. I think it's good to be analytical, but I often times over think shit, get all worked up, when in reality I should just be chilling and keeping my mind clear, and staying stress free.

As far as your situation, it sucks because the south is a fucking police state, and the system seems to be against you (esp. if you are a minority), but you got to go with the best laywer possible, and worry about paying it off later. I'd say take it one step at a time, continue studying, while working and saving money, at the same time be planing/working on future plans for improvement. I feel this is ironic that I am typing this shit, because everything I am saying to you, applies to me and my own life situation. Anyways, I think the changing of the appearance is the right step, it sucks we got to conform to an extent, but you're chances of getting a job looking clean cut/GQ are higher then if you are rocking dreads, afro, longhair, etc.

Keep applying to new jobs constantly and just accept that most will not pan out, also apply for other shitty jobs like the one you got, if they pay higher, 10 bucks an hour is still better than 7, right? Even though you got caught up by the man, if you got connections, or "street/hustling" skills, get down with flipping some greenery on the down low, as a side source of income. Either way you are going to have to hustle to get your situation in the right direction, no sitting around feeling down about shit, get out there and make it happen.

Finally, get the hell out of the south (no diss if you are born/raised there), but that place is just too conservative, close minded, racist, police state, etc. Plus there are way more opportunities other places like D.C., Chicago, etc. Anyways, best of luck man, hope everything works out for you. Oh yeah, and unless you had been drinking more then a few drinks, or your state has a crazy low blood alcohol limit, I would have taken the breathalizer, I got pulled last Thurs. same situation, did the FST, and took the breathalizer. I had 4 drinks and was pretty buzzed, but got lucky when I came up under the limit, the cops let me go. It sounds like your boy, gave you some bunk advice.

Great advice and thank you for replying.

I look back and wonder if I should have taken the breathalyzer or not but considering how the cop was treating me and the fact I had a few drinks I was not going to take the chance. That said, I am worried about my license the most since that would make going to work far more difficult. I got the best lawyer I could get and I am hoping for a favorable result. Until then I am studying my ass off and going towards graduate school which is all I can do. I am just praying I get judges that will understand my situation and give me a chance. I would be happy even if I have to drive to work and school for a year under a limited provisional license. I just need things to go my way this time for once in my life.


Thats what I thought.

Sorry, I really wanted to sympathize with you from your first post, but I worked a year as an EMT, and any sympathy I had for drunk drivers got permanently erased and replaced with rage. I saw some things that were beyond awful. You would also be surprised to learn that approximately 99% of all people who drink and cause a MVA do so after having "2 beers," and it's almost always on their way back home and that this was the only time they have ever done it.

About the job situation, I am sympathetic, the only thing you can do is chin up and work the alumni network of your school, and get any experience you can.

Yeah I doubt that I will gain any sympathy trying to advocate for the rights of drunk drivers. I understand the political climate of drunk driving but in individual cases I know for a fact that I was not drunk, I just did not want to do the breathalyzer (which is your right btw). In terms of jobs I am getting more hours at Krispy Kreme and I may just grin and bare until this situation blows over.
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#12

FML Pt. 1: I need to fight a DUI

Quote: (05-27-2010 01:33 AM)La Familia Wrote:  

I know what you mean IshGibbor. While my charge isn't a DUI, it's bad enough to affect my chances for med school and I can't have that. You have already taken the first step by getting a lawyer to help you fight these charges. 3000 is steep but it's all about how bad you want it off your record. For me, my lawyer told me I only had to do 50 hours of community service to have a fair chance, but I have ended up doing over 100 before my court date in early June. I suggest that you talk to people who know you from different aspects of life--i.e. professors, sports coaches, counselors--and ask them to write you a letter of character. The goal is to have a solid set (4-7 letters) that describe how this one mistake is not a fair judgment of your character. They can then go on and talk about how they know you, and the accomplishments you've achieved in their eyes.

Best of luck to you my dude. 2009 and 2010 have been shitty for me up until recently. I was lucky enough to find this forum where everyone is motivated to succeed and to just keep going as Roosh puts it. Keep your head up.

Thanks for the information man. I am glad to see you did some community service to help you look better in the court's eyes. What was the charge you had and the result of the hearing? Did you get probation and a fine? I didn't think of the letters of recommendation but I would love to use that route if I can if it makes my character look better.
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#13

FML Pt. 1: I need to fight a DUI

Quote: (05-27-2010 02:27 AM)Eric Wrote:  

$3000 is actually quite cheap for a DUI defense. Everyone I know who has ever tried to fight a DUI paid in the $10k range. Hell, I fought a misdemeanor charge in college and paid $3k for my lawyer.

That said, I hope everything turns out well for you. It sounds like you have all your ducks lined up and just need to power through this rough patch. Good luck with everything.

Yeah, it is very cheap and for two court appearances none the less (one civil to keep my license and the criminal DUI). The lawyer came recommended by a former boss and friend who has networked and knows the low down on a lot of lawyers in town. My suspicion is the guy just saw I was the result of a bad traffic stop and wants to help me out. He seems like a well established lawyer and although he is in it for money (of course) he may see some altruism in taking my case. Funny thing is if I didn't get the job I had teaching at risk students I would not have met the woman who led me to this guy. God forbid I would have had to fought a DUI by looking up a lawyer in the telephone book.
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#14

FML Pt. 1: I need to fight a DUI

Quote: (05-27-2010 04:57 PM)thegmanifesto Wrote:  

Never drive a car. http://www.thegmanifesto.com/2010/05/the...-snow.html

Lesson learned.
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#15

FML Pt. 1: I need to fight a DUI

It will depend on the skills of your lawyer and to a lower degree the incompetence of the policeman. If you get acquited you could think on suing the policeman and the state, probably making a quota litis with the same lawyer. But I don´t know how the law works there. Another thing keep the lawyers mobile phone for next time something happens you can immediately call him. One Last thing you might eventually have to pay more money so better be prepared.
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#16

FML Pt. 1: I need to fight a DUI

Quote: (05-28-2010 05:39 PM)IshGibbor Wrote:  

Quote: (05-27-2010 01:33 AM)La Familia Wrote:  

I know what you mean IshGibbor. While my charge isn't a DUI, it's bad enough to affect my chances for med school and I can't have that. You have already taken the first step by getting a lawyer to help you fight these charges. 3000 is steep but it's all about how bad you want it off your record. For me, my lawyer told me I only had to do 50 hours of community service to have a fair chance, but I have ended up doing over 100 before my court date in early June. I suggest that you talk to people who know you from different aspects of life--i.e. professors, sports coaches, counselors--and ask them to write you a letter of character. The goal is to have a solid set (4-7 letters) that describe how this one mistake is not a fair judgment of your character. They can then go on and talk about how they know you, and the accomplishments you've achieved in their eyes.

Best of luck to you my dude. 2009 and 2010 have been shitty for me up until recently. I was lucky enough to find this forum where everyone is motivated to succeed and to just keep going as Roosh puts it. Keep your head up.

Thanks for the information man. I am glad to see you did some community service to help you look better in the court's eyes. What was the charge you had and the result of the hearing? Did you get probation and a fine? I didn't think of the letters of recommendation but I would love to use that route if I can if it makes my character look better.

I was charged with larceny back in April. Fortunately, the campus police did not get involved and the officer that arrested me knows my lawyer. I'm only paying a grand but it's still a pain in the ass. The problem with larceny is that it is filed under the category of Moral Turptitude, meaning that it is a mark on my character. Luckily, my lawyer called off the hearing, and I think I will be cleared. No fine and maybe probation but that's no biggie.
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