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 1st DUI (.239) in Nebraska but moved back to Missouri |
| Drunk Driving / DUI / DWI |
I received an "aggravated" DUI in North Platte Nebraska (Lincoln County) in June. They referred to it as "aggravated" because my bac was so high.
I had prior plans to relocate back to Missouri and did so. My court date is Oct 9th and I'm as dumb as a stump. I have an attourney that I've never met with and he's handled all over the prior court dates without making me drive 6 hours to appear. My question is, what am I facing? It's my 1st DUI but because the bac was so high I'm not sure what is going to happen. I have a new job and a rental house here in Missouri. I am also raising my 9 year old alone. Is there a possibility of jail time? If so, I lose my job. Will there be communtiy service? If so, will it be in Nebraska? What would be other classes and fines I might face? Would I be eligible for an interlock in Missouri? How long would I lose my license? ANY knowledgable help would be greatly appreciated. I am terrified of all I may lose and terrified of the unknown.
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| Open Container in Public (JMU, Harrisonburg, VA) |
| Other Crimes – Federal and State |
I was visting JMU for their Fall block party and was cited for an open container when I walked off the side walk into the road to avoid a crowd of people. Here is the thing...
I am currently under alcoholic probation for a DUI I had in November of 2008 (my probation ends on November 16th, 2009). I am 23 years-old and since my DUI conviction I have not consumed any alcohol and have been attending AA classes almost weekly. I was at JMU with my two other friends, who were also busted by two other officers at the same time I was. They were splitting a case of beer and both had opened beer cans in their hands. I was NOT drinking and had Ginger Ale in a red cup (I know this sounds completely fabricated, but I'm telling the truth).
Not knowing what was happening, I saw my two friends in front of my get taken down by two officers, so I initially jumped back on to the curb, just to get off the road. Within in seconds, I was pulled from behind back into the road and my cup fell from my hand (Again, how convenient... I know).
My officer did NOT ask if I was drinking, he didn't smell my breath, or look for my cup. He also NEVER gave me a breathalyzer test or asked me to do a sobriety test. The only thing he asked was , what type of beer I had in my cup? And I responded, "I don't know?" I was told by my DUI lawyer that if I was EVER in trouble again, even if I was completely innocent, not to say anything until the court date.
Anyway, given the circumstances, I was busted for a class four misdemeanor (open container in public) Not a VA Law but a city ordinance citation; which does break my probation, if I am convicted. I am clearly innocent, but remain nervous about how the judge may react to my case. I have talked to a few lawyers, but they only want my money and don't really care about my story. I want to try and fight this myself since I know I am not guilty and honestly do not have the funds for a lawyer.
my question is... Should I hire a cheap local lawyer or would I be alright fighting this myself? Sorry for the long post. Thanks for any responses.
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