DUI Attorney

[325 WSM]

Daughter made very poor choices & ended up with a DUI. Any recommendations on an attorney in the Bismarck area would be greatly appreciated.

 

[NDSportsman]

An attorney is just going to cost you more money if guilty plead and take the punishment doled out. Hopefully lesson learned.

 

[bucksnbears]

Yep.

 

[Jiffy]

Unless she’s truly not guilty.

Who cares what it costs.

I’m German enough though

 

[xFishSlayerx]

Depending on the circumstance (mainly what she blew for BAC) a lawyer is most likely a waste of time/money.

 

[1lessdog]

Depending on the circumstance (mainly what she blew for BAC) a lawyer is most likely a waste of time/money.

I would not say that at all.

My Son got one about 5 or 6 yrs ago. I hired a lawyer out of Grand Fork and paid 5000.00 and ended up with a Careless driving and never lost his license. He was going to college in Grand Fork. Poor decision can cost you dearly. Didn't even have go to court.

 

[JUSTWINGNIT]

I would not say that at all.

My Son got one about 5 or 6 yrs ago. I hired a lawyer out of Grand Fork and paid 5000.00 and ended up with a Careless driving and never lost his license. He was going to college in Grand Fork. Poor decision can cost you dearly. Didn't even have go to court.

Yes, A poor decision does cost dearly....but getting bailed out and not learning from mistakes cost much more. This is only my opinion...and personal experiences though. Been in both seats.

 

[svnmag]

IMHO: Try to plead guilty of reckless driving. A public defender should be able to pull this off if 1st offense is ZERO "damage": 12 grand MAY get the same result.

This is nothing to fuck with boys and girls: FWIW: There's a HUGE difference between a "couple" beers/glasses of wine with a big meal and "one more shot" in a bar:

IMO: REFUSE the roadside bullshit for physical/embarrassment/fear reasons: REQUEST IMMEDIATE PBT. You're guilty or not. AGAIN: IMO: DON'T do something which causes a traffic stop. DON'T be on the road past 2100 on a weekend.



That is all.

 

[Obi-Wan]

IMHO: Try to plead guilty of reckless driving. A public defender should be able to pull this off if 1st offense is ZERO "damage": 12 grand MAY get the same result.

This is nothing to fuck with boys and girls: FWIW: There's a HUGE difference between a "couple" beers/glasses of wine with a big meal and "one more shot" in a bar:

IMO: REFUSE the roadside bullshit. REQUEST IMMEDIATE PBT. You're guilty or not. AGAIN: IMO:

That is all.

It most likely would be reckless, alcohol related and insurance companies treat it the same as a dui

 

[Davy Crockett]

When your following the pen with your eyes don't move your head no matter what . Only been tested for drinking/driving once , I hadn't had a drop but was so damn tired I almost flunked that test after a long day on the lake. we had a good conversation after the test though.

 

[Obi-Wan]

When your following the pen with your eyes don't move your head no matter what . Only been tested for drinking/driving once , I hadn't had a drop but was so damn tired I almost flunked that test after a long day on the lake. we had a good conversation after the test though.

Never, never, never do the field test it is not required even if sober. it subject and only meant to give the officer probable cause for arrest.

 

[svnmag]

.

 

[guywhofishes]

I would not say that at all.

My Son got one about 5 or 6 yrs ago. I hired a lawyer out of Grand Fork and paid 5000.00 and ended up with a Careless driving and never lost his license. He was going to college in Grand Fork. Poor decision can cost you dearly. Didn't even have go to court.

A drunk neighbor sideswiped my truck in the early 80's in Dickinson at 3am.

Blew over the limit and the cops charged him w DUI. He hired an attorney for big bucks and got it reduced to reckless somehow.

How is this not bribery?

How does this work exactly? Anybody know the "inside scoop" into how local judges/prosecutors are rewarded by the money flow? Basically a good old boys club that operates with an unspoken code that helps money flow into the club?

 

[westwolfone]

If you're wealthy enough, you can get away with almost anything.

 

[Jiffy]

Even murder

At least while you’re still on this Earth

 

[MSA]

An attorney is just going to cost you more money if guilty plead and take the punishment doled out. Hopefully lesson learned.

in my experience, if you don't pay to play the game (get a lawyer) they throw the book at you. Always get a lawyer

 

[MSA]

A drunk neighbor sideswiped my truck in the early 80's in Dickinson at 3am.

Blew over the limit and the cops charged him w DUI. He hired an attorney for big bucks and got it reduced to reckless somehow.

How is this not bribery?

How does this work exactly? Anybody know the "inside scoop" into how local judges/prosecutors are rewarded by the money flow? Basically a good old boys club that operates with an unspoken code that helps money flow into the club?

IDK how it works, but you're absolutely right....if that same guy did not get a lawyer, that judge would have gave him the maximum sentence and fines.

 

[guywhofishes]

never mind, I got my answer


A DUI (or DWI/OWI) can get reduced to something like careless driving, “careless and imprudent,” negligent driving, or a “wet reckless” even with a BAC over 0.08 because the criminal charge is not automatically proven just by the number on the machine. The state still has to prove its case, and prosecutors often decide a sure conviction on a lesser traffic-style offense is better than risking a loss at trial.

“Care required” is probably a mix of two common terms: careless driving (a frequent reduction target in places like Ontario and some U.S. states) or care or control (the Canadian charge for being in a position to operate a vehicle while impaired, even if you weren’t driving). The pattern is the same in many jurisdictions.

Why the BAC number isn’t the end of the story​

A breath or blood result over the limit is strong evidence, but it is not invincible. Common weaknesses that create bargaining room:

• Problems with the stop, field sobriety tests, or how the officer described your driving versus what the dashcam/bodycam actually shows.
• Breathalyzer calibration, maintenance logs, operator certification, observation period, or mouth-alcohol issues.
• Timing: the “rising BAC” argument (you were still absorbing alcohol after you stopped driving, so your level at the moment of driving may have been lower).
• Chain of custody or lab issues on a blood test.
• Constitutional problems with the stop or rights advisements.

If those issues exist, the prosecutor faces a real chance of losing the chemical-test evidence or the whole case. A high reading makes reduction harder, especially at 0.15+ or with an accident, injury, or priors, but it does not make it impossible when the rest of the file is messy.

Some states also limit reductions by statute (Florida, for example, restricts them at 0.15+). Others have office policies that discourage or ban DUI plea-downs. It is highly local.

What the expensive lawyer is actually buying​

It is usually not a secret handshake or a payoff. It is the ordinary machinery of plea bargaining, which resolves the large majority of criminal cases because courts cannot try everything.

A paid specialist typically:

1. Gets full discovery (reports, video, machine logs, training records) and looks for defects a public defender with 80 other files may not have time to hunt.
2. Files suppression motions. Even the threat of a hearing that could throw out the breath test changes the prosecutor’s risk calculation.
3. Hires a toxicologist or other expert when the science is contestable.
4. Presents mitigation (clean record, no crash, voluntary classes already started) so the prosecutor can justify the deal internally.
5. Has a reputation for actually trying cases. Prosecutors settle more readily with lawyers they know will make them work.

The money buys time, experts, investigation, and local knowledge of which prosecutors and judges will move on which kinds of cases. A lawyer who just collects a fee and immediately tells every client to plead guilty is cheaper for a reason.

There have been real corruption scandals (officers paid to no-show, guaranteed dismissals). Those are illegal and exceptional, not the normal explanation.

The incentives on the other side​

Prosecutors are not required to reduce charges. They do it when:

• The case has holes and they might lose.
• The defendant is a first-timer with no aggravating facts.
• Their office is buried in cases and a guaranteed resolution is administratively attractive.

The judge still has to accept the plea. The deal is not automatic.

A reduction can spare you a criminal record, mandatory ignition interlock, lengthy license revocation tied to the DUI statute, and some insurance/employment consequences. The DMV administrative suspension is often a separate track and may still happen even if the criminal charge is amended.

None of this is a loophole that “works” just because you hired someone expensive. It works when the state’s proof is imperfect and someone with the time and skill to exploit that is on the other side. Outcomes vary sharply by county, state, BAC, priors, and whether anyone was hurt.

 

[johnr]

I would not say that at all.

My Son got one about 5 or 6 yrs ago. I hired a lawyer out of Grand Fork and paid 5000.00 and ended up with a Careless driving and never lost his license. He was going to college in Grand Fork. Poor decision can cost you dearly. Didn't even have go to court.

Same exact but here in Dickinson, and a Daughter

 

[guywhofishes]

guywhofishes: What sort of moron would drink and drive?


Narrator: guywhofishes had, in fact, done it countless times, especially during his softball team phase.