Can I Fight My DUI Charge?

If you are facing DUI charges at the moment, you might be wondering whether or not you should plead guilty. Although pleading guilty will cut down on time and get the case closed sooner, it does entail a list of penalties and consequences. This can include hefty fines, community service, rehabilitation, probation, drug testing, suspended drivers’ license, revocation of professional licenses, and more.

So Here’s What You Need To Know:

Most drunk driving defendants can get their charges reduced, but they are still found guilty. That is why the best option is to take a plea deal so you can eliminate jail time and avoid the maximum charges for your crime. However rare, there are some DUI cases that get dismissed, but for very specific circumstances. Continue reading to learn which scenarios are likely to result in a drunk driving conviction, and which ones may get a person off the hook.

Guilty Conviction

In a DUI case, a defendant is likely to receive a guilty conviction is there is simply no refutable evidence otherwise that they were drunk and operating a vehicle, or, if their BAC was high. A BAC of 0.08 is perhaps arguable in terms of time and so forth, but BAC’s over 0.15 or 0.2 can definitely not be defended in any way. A person with a blood alcohol level of a 0.15 or higher is well over the national legal limit of 0.08 BAC. It is even more impossible to refute a drunk driving charge if, on top of an illegal BAC, a driver also fails a field sobriety test and a blood test and there were witnesses to the act.

Possible Not Guilty Scenarios

A person facing a drunk driving charge may have a fighting chance for a not guilty verdict or case dismissal under certain circumstances. For example, if a person was not actually operating the vehicle at the moment they were stopped by an officer, they could argue that they were not driving so they were not breaking the law. This can occur if a person is sleeping in their back seat while the engine was off, or if a driver pulls over to get out and walk home because they feel too drunk to drive.

Another scenario that could result in a successful trial is if a person can prove that they had more than one alcoholic drink between the time they operated their vehicle and the time they were tested by the officer. This can occur if a person drives to a bar, has a few drinks, and is then questioned by a police officer because they are sitting near their vehicle. A case could also be dismissed or found not guilty if the alcohol test was a urine test. These are not very reliable and easy to disprove in trial, especially if the defendant’s BAC was less than 0.11 percent.

These rare and unusual scenarios are still tricky to defend, and still usually result in a guilty verdict. That is why you should hire an experienced and aggressive criminal defense lawyer who can tell you whether or not you should plead guilty to a DUI charge, and why. They have the knowledge and resources to fight for your rights and preserve your freedoms.

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Poetic Justice

How many of you have heard the sayings, “What goes around comes around,” or “You reap what you sow?” Either saying would apply to the passage from Genesis 29:15-28. Jacob was born grasping his brother Esau’s heel, and that’s how he lived his life-grasping for all he could get by his own ingenuity and power.

Who among us has, after wanting something so badly that we would do anything to get it, woken up one day and realized that what we got wasn’t what we asked for? Jacob is a good example. Jacob met Rachel at a well and loved her, but he arrived without possessions or lavish gifts-a great disadvantage in securing a wife in those times. He served his uncle Laban seven years for Rachel in place of a dowry.

Weddings in Biblical times featured a huge feast. Afterward, the bridegroom was escorted to the tent of the bride where the marriage was consummated. Jacob probably drank too much at the feast and did not realize Laban gave him Leah rather than Rachel. Laban deceived Jacob, just as Jacob had deceived both Esau and Isaac.

Polygamy was practiced in ancient times but often produced family struggles. That Jacob “fulfilled her week” probably refers to the expectation that a newly married couple would “honeymoon” for a week. With his obligation to Leah complete, Jacob finally married Rachel.

Jacob deceived his father by obtaining the blessing that should have been given to Esau. Jacob tricked Esau into selling his birthright for a bowl of stew. Laban deceived Jacob just like Jacob deceived his father and his brother. Laban took advantage of the custom that a bride was always brought to her husband veiled. He substituted Leah for Rachel.

As it turned out, Leah was the one whom God intended for Jacob. One of Leah’s sons was Judah, and it was through Judah’s line that God’s promise to Abraham was fulfilled. Leah served and feared God, as we will see in subsequent passages from Genesis. Rachel was attracted to the superstitions of Laban’s house. Leah’s character fitted her better for her new calling than Rachel’s character did.

Jacob’s sinful weakness appeared in his married life. God blessed the hated wife Leah with children, but He withheld children from Rachel. In the birth of at least three of her children, Leah recognized God and acknowledged Him as her God.

Jacob longed for a child for Rachel. That child was a long time in coming. Jacob was used to getting his own way. He was only interested in winning. He learned another lesson the hard way. There is a limit to man’s resources, and the same lesson is hard for us to learn today. We tend to rely on our own inadequacies only to discover our shortcomings after much pain-and sometimes it is too late.

Far too many of us are like Jacob. We tend to love things and use people. Most of the problems in our world are caused by our tendency to love things and use people. We love our things. We love money. We lust for it; we have a passion for it. We tend to use people to get things, and that tendency leads to problems. It leads to the death of that part of us that is most like the image of God. God created us to use things and love people. Get that turned backwards and all hell breaks loose. When we orient our lives around loving others and using things, all the power of heaven is released in our lives.

There is little point in resisting what God is telling us. The sooner we learn the lesson, the sooner we can get on to other lessons. The longer it takes for us to come to grips with God’s gracious, firm, guiding hand, the longer it takes for us to mature. As long as we are on this side of eternity, there is no graduation from the school of hard knocks, and there are many opportunities for those who really want to grow.

How does God’s love abide in everyone who has the world’s goods and sees a fellow Christian in need and yet refuses to help? The redeeming power of the gospel creates in us a desire to serve others, to give of ourselves. That’s the only way for any of us to be released from the addiction to our own selfishness. How does this happen in practical terms? Here are three suggestions:

1. We should look for opportunities to step outside ourselves. How long has it been since we intentionally looked for an opportunity to step outside our ordinary experience and into the experience of someone else?
2. We should listen to people.
3. We should put something we want on hold

In other words, we are to stick around for a while longer. We are to trust that It was God who led us to where we are, trust that God knows what He is doing. We must be faithful to where God has led us, to what we have been called to, to the vows we took and the promises we made. We must trust that the place we are in right now could be exactly where God wants us or has been leading us all along. We must trust that God is working right here, to bring about things we don’t even know about that are yet to come!

Sometimes we realize that the ideal comes because of working things through and not leaving the table when we get disappointed, or when things aren’t turning out as we expected, or when things get ugly… the day we wake up and decided to make excuses about how it was too dark, or she was too veiled, or we were too drunk… that is the day we realize that everything in life starts to fail. There is no perfect person, no perfect relationship, no perfect team, or school, or job, or church. When we recognize it, we must not run away. We must stay and persist. We’ll get what we want in the end.

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Midnight Meditations

As I prepare for working an overnight shift, I have to remain awake until morning. Twenty-five years ago, midnight had a different effect in my life. At that time, I was a single mother residing in welfare housing. Fear overtook the night with drive-by shootings and drug trafficking.

Fifteen years ago, I worked on a crisis hotline and got off at midnight. The last two years were spent helping my daughter with midnight feedings and diaper changes for my grand-babies.

For the first time, I will be working all night and sleeping during the day. It will be an adjustment but may have some benefits. During the day, I can sleep and avoid the outdoor heat of the day. At night, most of the population is asleep. Offices are closed and crowds are gone. The element we deal with at night will be handled by morning because everyone eventually has to sleep.

This time, I am prepared for the shift mentally. I’ve learned that the world goes on but for the person in crisis, I may be the lifeline to get them through the moment. I may not have the answers but can get the resources to them quickly.

In the still of the night, there is comfort in the light of the moon. As morning approaches, I can still see it faintly. I talk to it as if it were a friend, bidding it goodbye until the evening comes around again.

While in the safety of my work environment, I know that somewhere out there are individuals facing a difficult night. I remember my own difficult nights and can empathize. I am willing to change the sleep pattern in order to make a difference.

As adults become elderly and enter care facilities, the nights may be times of loneliness, missing loved ones and depending on medical care providers. Each stage of life comes with its own unique joys and sorrows.

For now, this is a quiet and peaceful time. My husband works from home. We will be working opposite shifts but while he works, I will be sleeping in the other room. Just like a child, I am comforted in knowing that he will be there to protect me while I sleep.

As I sit here trying to stay awake until morning, this is an interesting reflection. My children are all grown and moved away. I can’t be there to protect them anymore but pray that God will keep a watchful eye over them while they sleep.

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