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Blacked out drunk and got a DIP. How to use my friend as a witness to lower intent? Should we meet with the DA before arraign?

Manteca, CA |

I have two DUI's and am on informal probation. This is going to be a violation. I would like to have an offer I can accept when it comes time for arraignment. What channels should I go through? Straight to the DA? Email him? I have a friend who's an experienced lawyer who I can have proofread my letter. My friend saw me leave but didn't know I was blacked out until he noticed I left all my stuff and definite signs that the lights were on but no one was home. The same thing happened when I got my 2nd DUI a year ago. I blacked out and woke up in the car on the side of the road and don't know how i got in the car. I'm gonna go to AA and get proof. Should I bring that to the arraignment? What do I do before my arraignment is my main problem. Thanks in advance.

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Attorney answers 4

Posted

If your friend is an experienced lawyer, he should be telling you to contact a defense attorney as soon as possible to help mitigate any potential violations of your informal probation.

No, you should not speak to the DA in this matter. The DA is not your lawyer and they will only use whatever you tell them to maximize your punishment, not minimize it. As for an offer, technically, the DA does not make "offers" in a probation violation case. They can recommend an appreciate punishment to the judge, but the judge is the one who decides what the appropriate punishment for violation should be.

This should be illustrative of how important it is that you secure an experienced attorney as soon as possible. Should you speak to the DA, you may strengthen their case for a third DUI against you, which ha a minimum of 120 days in custody. Good luck.

Asker

Posted

It's not a DUI it's a drunk in public, sorry for the sloppy sentence structure :)

Posted

Hire a lawyer ASAP.

Never talk to the Da as they will use your statements against you and then you will either lower or eliminate your bargaining power.

Posted

DO NOT TALK WITH THE DA!!

Hire a criminal defense attorney to protect your rights!

Good luck.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Asker

Posted

So I've come to the conclusion there's nothing you can really do to change the judge's mind before arraignment huh?

Posted

If you have a probation agent, you need to report this to him/her. Do so after you consult your own attorney.

You also need some sort of treatment. Drinking to blackout is problem behavior, as evidenced by your legal problems. You could have received another DUI for this.

If any answer on AVVO helps you, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
Thank you.

--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
http://addbalance.com/drunk_driving_lawyer.htm

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm

Asker

Posted

I plan on getting paperwork for my bipolar because I was in a manic state and that caused me to black out drunk at my friend's house and go on a sleepwalk home. I also plan on having AA signatures to show.

Charles K. Kenyon Jr.

Charles K. Kenyon Jr.

Posted

Hang in there. Do talk with a local DUI lawyer, though, SOON.

Asker

Posted

Thanks, but how could I get another DUI when I wasn't even near a vehicle? This is the second time I've heard this and I don't understand by any means lol. A public defender could get rid of that charge in a heartbeat I would assume? I could pay for some quick legal advice but not a lawyer unfortunately =( Any recommendations? I pretty much have all my info and outs together but I want someone's professional opinion so I can better inform the public defender. Bad idea?

Asker

Posted

not a defender i mean lol.. lawyer of course. I don't know how this stuff works at all. thanks in advance

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