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  1. #1
    fouledout is offline Junior Member fouledout is on a distinguished road
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    Post DUI plea bargain

    Hello and before I start my post let me fill you in on the details of my arrest.

    Last week I drove home from a friends house after having a few beers. I obviously should not have done this and subsequentaily was pulled over. Failed the soberity test and went downtown and failed the breathlizer. I blew a .15 and when my court date comes up I'm pleading guitly or no contest.

    My question is, is there any chance I could get the DUI reduced to a Wetrecklass or a wreckless driving if I promise to commite myself to 4 years in the Marines during and after my college is over?

    What would be the best case senario and worst?

    Have any of you seen something like this happen? And do you think its worth me trying? I was planning on joining the marines anyways but I doubt I would tell the judge this. Again thank you for your responses.

  2. #2
    corporal716's Avatar
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    Quote Originally Posted by DC Law
    I don't know of any jurisdiction that would drop a DUI down to a Reckless Driving, especially with a 0.15. They've got their case already made, absent any glaring proceedural problems.

    Same here in California anythings over .08 goes as a DUI.
    How come your house has wheels and your car doesn't?

  3. #3
    fouledout is offline Junior Member fouledout is on a distinguished road
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    Yeah, I'm in Southern California. So my chances of bargaining are probably slim to none. Well that depressing but i assumed it all along.

    Still think I should give it a shot?

  4. #4
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    Good Luck! .15 is far from .08.
    How come your house has wheels and your car doesn't?

  5. #5
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    1st time offenders get dropped to reckless on a daily basis in Nashville, TN, but usually it's those with a low to moderately low BAC. .15 is almost double the legal limit, so I don't know if the ADA will go for reckless. It will definitely depend on the what is common in your area for DUI's. There are several surrounding counties in Middle TN that don't drop DUI's to anything, regardless of the BAC. Good luck.

  6. #6
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    Wreckless driving in these parts could get your license suspended for a year, a first dui is only 3 months....I think I would rather pay the fines, serve my 3 months, (go to basic soon) and come back and pay the higher insurance. By the time you are out of military, and if you have not done anything else stupid, you are back to normal.

  7. #7
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    Talk to a lawyer there. Don't go to court without one. They can tell you what the options are.
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  8. #8
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    Definitely need a lawyer for this one. You may be able to plea it down depending on the DA in your jurisdiction.

    On a side note, many armed services won't take a new recruit with a recent DUI- so definitely try for a lesser charge if the DA will go for it.

    And by the way, thanks for being honest and upfront about what happened and what you are facing. We don't get that very often here. We are accused of being a mean crowd, but we are more than willing to help people who come here with honest, no-nonsense questions.
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    Quote Originally Posted by Straightshooter
    Your selective outrage is hypocritical. Don't you have an anti-war rally to attend where you can go burn some American flags with your hippie buddies?

  10. #10
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  11. #11
    fouledout is offline Junior Member fouledout is on a distinguished road
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    Thanks for all your help.

    There is no way I'm spending more money to get an attroney to blow hot air up my *** and tell me I have a shot. My mind can do that for me.

    Has anyone seen a convicted DUI bargain his punishment or something along those lines? Maybe I'm not wording this question correctly but you understand what I'm saying I hope.

  12. #12
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    Quote Originally Posted by fouledout
    Has anyone seen a convicted DUI bargain his punishment or something along those lines? Maybe I'm not wording this question correctly but you understand what I'm saying I hope.
    No, at least not in KY. The sentencing is regulated by law (as far as what the minimum punishment is) and the only thing you could "bargain" is how long you had to pay your fine!
    "If you're not a liberal when you're 25, you have no heart. If you're not a conservative by the time you're 35, you have no brain."- Unknown (NO...it wasn't Winston Churchill!)

  13. #13
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    Quote Originally Posted by fouledout
    Has anyone seen a convicted DUI bargain his punishment or something along those lines? Maybe I'm not wording this question correctly but you understand what I'm saying I hope.
    Not around here. You have to have a lawyer to even talk to our Prosecutor. You try to talk to her, she will tell you to go away.....and will want to take you to trial at your second hearing.

    Thats like that for most places around here....but this is Missouri, so it maybe different there.

  14. #14
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    Has anyone seen a convicted DUI bargain his punishment or something along those lines? Maybe I'm not wording this question correctly but you understand what I'm saying I hope.
    Here in VA a restricted driver's license can be issued by the judge if he/she grants it. If you're a first time DUI and didn't give the officer any trouble, the judges here USUALLY grant them. They can be restricted to almost anything, from a strict to and from work only to normal, everyday driving. A first time DUI can also get some or all of the fine and jail time suspended and be on probation for a few years.
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  15. #15
    mcsap is offline Veteran member ( retired) mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute
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    The military will not likely take you with a DUI arrest/court/punishment looming.
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