Should I plead guilty to a DUI-marijuana charge?

[BadMistake]

I was pulled over for driving too closely, I admitted to smoking weed an hour or so before driving. The officer did a couple sobriety tests and then arrested me. I had nothing in my car. He then took me to the CHP office and did more sobriety tests, then took me to the jail where I was fingerprinted, booked, and then cited out for DUI.

My first question is, should I please guilty or not guilty? The reason I ask is because from what I've heard from other people and from what I've been seeing online, people who plead guilty get really screwed over, whereas people who attempt to fight it usually are offered some sort of deal.

Secondly, does anyone know what the usual punishment is for a first offense?




The reason I am asking for help in this is because I am 18 and my parents have told me that they are not going to help me with anything, so I need to know if it is worth the money to get a lawyer, or should I get a public defender, or should I just plead guilty and beg for mercy? I have no job and I'm attending college at the moment, so I really can't afford the fines or the lawyer. Either way it seems I'm screwed.

[Citicop]

You can certainly try to come to a plea arrangement either with or without an attorney.

The average cost (nationwide) of a first time DWI is about $2000.00.

This includes fines, court costs, attorney fees, and cost of classes. It does not include things such as transportation costs during your license suspension.

You are talking to a bunch of cops. We *write* DWI's. We don't generally tell people how to get out of them (not that you specifically asked that).

Unless you have evidence which lends itself to your innocence, then trying to strike a plea bargain is your best bet.

Does that make sense?

-Citicop.

[BadMistake]

How do I come to a plea arrangement? Do I have to plead not guilty first or do I do this before my court date?

Im not trying to get out of it, I just don't want to have the book thrown at me. I learned my lesson the night I was arrested. Any additional punishment is unnecessary, though I understand it is inevitable.

[Switchback]

Regardless of what any of us here say, you need to remember who you are talking to. As Citicop said, we are a bunch of cops. You really should speak with an attorney. An attorney will know the nuances and patterns specific to your area and would be able to give you the most educated advice.

While no one here will give you bad information, remember that you get what you pay for.

[acreature]

Just enter a Guilty plea. Why clog up the court for something you're guilty of.

You've got good parents. You're 18 and should be responsible for your actions. Take your medicine... you'll be a better man for it.

[cruzmisl]

Well every jurisdiction will be different but you could call the court, find out the prosecutor assigned to your case and speak to him/her. Tell them you'd like to plea guilty and don't want to be cornholed in the process (try to be a little more eloquent than me).

If you're guilty and you know if you are, then its best to take the high road and plea guilty. Explain yourself and suggest a lenient sentence.

Either way hopefully you learned your lesson.

[Creeker]

You have a tremendous growth opportunity in front of you.

Remember that just because you say you are sorry and think that you've learned your lesson, that doesn't mean that you shouldn't still be punished.

Along with responsibility comes benefits and penalties in life. It isn't all a life full of bennies, despite that some parents and Judges seem to have missed that point.

Some lessons in life need re-inforcement. Its up to you what you can do with your life lesson... make it an learning experience or a weaseling opportunity.

[PapaBear]

BadMistake: ...Secondly, does anyone know what the usual punishment is for a first offense?

You want penalties, you have them:

Penalty: First Conviction

23536. (a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).

(b) The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.

(c) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.

Amended Sec. 11, Ch. 756, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999. Supersedes Ch. 118.
Amended and renumbered from 23160 Sec. 19, Ch. 22, Stats. 1999. Effective May 26, 1999. Operative July 1, 1999.
Amended Sec. 19, Ch. 545, Stats. 2002. Effective January 1, 2003.
Amended Sec. 15, Ch. 551, Stats. 2004. Effective January 1, 2005. Operative September 20, 2005
Amended Sec. 5, Ch. 692, Stats. 2006. Effective January 1, 2007.

[patchcop]

BadMistake:

As your nickname said, it was bad to use Mj and drive a car, but it was no mistake. Better you called yourself BadDecision. I'm sure that you have known exactly what you did when you started the engine of your car and started riding it along the street.

So why do you think about to plea not guilty? You are guilty and you, and only you, have to get the consequences.

Don't forget to come back in one year and ask if it is a problem to become a LEO with the DUI MJ related background.

[dadyswat]

Just pay a few grand for an attorney and he'll take care of it.

[BadMistake]

I have no job because I am a full-time student, and now since I can't drive it's going to be next to impossible to find one. Furthermore, even if I get a restricted license I won't be able to pay for insurance, since my rates are going to go up from the DUI. On top of that I am going to be fined, and potentially go to jail for a few days. That's why I am not going to simply plead guilty. I'd rather put my money on a lawyer who can at least give me a chance of some sort of reduced sentence, or possibly a reduction of charges.


"Under the influence" is not supposed to simply mean that I had THC in my system. It is supposed to mean that a person is impaired so as to be rendered incapable of operating their vehicle with the same degree of safety as they otherwise would be. I was not impaired. If I had been too high to drive I would have hit the guy who was braking in front me, rather than being pulled over for following to closely.


As a side note, I think cops should be required to inform people that they don't have to answer questions, since most people aren't aware of that, rather than taking advantage of people's fears by letting them think that they'll be in some sort of trouble if they don't say anything.

[mythoss]

This is going to be good...

[acreature]

My first question is, should I please guilty or not guilty?

I am not going to simply plead guilty.

Your short term memory has failed, probably from the effects of your Marijuana.

You have asked questions, and they were answered.

[acreature]

As a side note, I think cops should be required to inform people that they don't have to answer questions, since most people aren't aware of that, rather than taking advantage of people's fears by letting them think that they'll be in some sort of trouble if they don't say anything.

It's the weed.

[patchcop]

"Under the influence" is not supposed to simply mean that I had THC in my system. It is supposed to mean that a person is impaired so as to be rendered incapable of operating their vehicle with the same degree of safety as they otherwise would be. I was not impaired. If I had been too high to drive I would have hit the guy who was braking in front me, rather than being pulled over for following to closely.

So you are the specialist in high driving? Maybe you should offer your experience to local police departments for the DWI/DUI training.

There is no "to high" there is only the "under the influence", that's enough and that's the law.