# OUI arrest question



## Guest (Jun 1, 2008)

Hello, My husband was arrested at a checkpoint for an OUI. This is his first offense and he has never been arrested for anything including an OUI. We are to report to court Monday morning and we are wondering if legal representation would be a good idea? Should we plead guilty? We are not trying to say this wasn't wrong but we just want it resolved so he can get a hardship license and get to work and take any classes, pay any fines he needs to, etc. Any advice would be greatly appreciated. Thank you!


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## dcs2244 (Jan 29, 2004)

You should engage a lawyer. It is not really neccesary for arraignment, but you may feel more comfortable after having talked with an attorney. They will be able to explain all the options available to you. Luckily, it is a first offense...


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## Guest (Jun 1, 2008)

I would just add that unless you have money to burn, don't go out and hire private coun$el.....any public defender will be able to negotiate a CWOF and minimum license suspension with the ADA.


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## 94c (Oct 21, 2005)

Delta784 said:


> I would just add that unless you have money to burn, don't go out and hire private coun$el.....any public defender will be able to negotiate a CWOF and minimum license suspension with the ADA.


It's only certain lawyers with the connections in district court that can get the speedy, jury waived, trial needed to get your license back. (Before serving the six months for the refusal.)


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## FAPD (Sep 30, 2007)

at least 94c can be civil to drunk drivers, there may be some hope for humanity after all!


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## GreenMachine (Mar 26, 2007)

Definitely plead guilty.


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## KozmoKramer (Apr 25, 2004)

This is just my opinion, but were I in your shoes, I wouldn't pull into the courthouse parking lot without the best the lawyer I could afford.

When it comes to doctors or legal representation, my belief is you spare NO expense and you get the best...


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## kttref (Oct 5, 2004)

No matter what people on this (or any other) website say - ultimately you have to make a decision. Think about it this way. If you know nothing about the law and how the process works do you want to go in there blindly? I personally wouldn't...but that's just me. 

We can't tell you what to do. We can only give suggestions...which may not help any. But just think about your husband....what does your gut say?

Regardless of the outcome...hopefully your husband learned his lesson.


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## Guest (Jun 2, 2008)

94c said:


> It's only certain lawyers with the connections in district court that can get the speedy, jury waived, trial needed to get your license back. (Before serving the six months for the refusal.)


For which you need money to burn.


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## justanotherparatrooper (Aug 27, 2006)

Unregistered said:


> Hello, My husband was arrested at a checkpoint for an OUI. This is his first offense and he has never been arrested for anything including an OUI. We are to report to court Monday morning and we are wondering if legal representation would be a good idea? Should we plead guilty? We are not trying to say this wasn't wrong but we just want it resolved so he can get a hardship license and get to work and take any classes, pay any fines he needs to, etc. Any advice would be greatly appreciated. Thank you!


*First offense he was caught at? or the very first time he's driven after "having a few"? I hope he learns from this but I wont hold my breath.*


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## 94c (Oct 21, 2005)

FAPD said:


> at least 94c can be civil to drunk drivers, there may be some hope for humanity after all!


Civility and Reality are two different worlds.


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## frapmpd24 (Sep 3, 2004)

Mrs Unregistered,

Just consider the following:

1. *"He who is his own lawyer has a fool for a client"* - If your husband is going to go ahead without representation, essentially, he is doing the job of a lawyer. Before he goes ahead with that, maybe you should see how knowledgeable he is in the law or else you might regret that decision not to seek counsel.

2. *"If you don't get a lawyer who knows law then get one who knows the Judge!"* - In it's simplest form the court is a place where, like it or not, deals are made behind the scenes. It is very much a process with a lot of back and forth. You probably won't get too many objections from an Assistant District Attorney who can get one more of the 25 folders they are carrying around out of their hand either. An attorney may be able to assist in that process.

In general, the majority of the Judges are attorney's. Therefore, it stands to reason that they have been on the other side of the bench arguing cases, making deals, working in some capacity in the legal system, and resolving cases. That being said, if what you say is true that he has no record, there maybe some wiggle room when it comes to trying to resolve the case in a variety of reasonable ways.

But, the bottom line is, it's your husbands choice. I know what I would do.


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