2017 Update

Not much to say this year unfortunately. I spent much of 2016 travelling, decorating my new house, and teaching. Summer break was epic and Christmas was wonderful. I did have a few moments where I had to bring up my DUI but no one really said much about it when I did. My family wants to plan a trip that would basically take up to the Canadian border and I obviously can’t go because it would suck to get left behind on the days when they crossed the border. I’m pushing for a lovely trip to Iceland instead! We’ll see how that goes…

I’m in my second year of teaching and all is well. I survived last year… this year I feel like I not only have a sweeter group of kids but that I can teach them more effectively. I genuinely enjoy every day of work now. I come home to my sweet puppies and my very supportive and adorable husband. We generally cook something delicious and watch one of our shows before I disappear to take a bath and drink a guilt free glass of wine or beer. Many nights now involve concersations about possibly making 2017 the year of “let’s have a baby!” which is scary and exciting all at once. I feel so blessed to have such a wonderful life…

I hope that this doesn’t sound like I’m bragging. I’m just genuinely in awe of how life can take such a relatively short amount of time to go from being so shitty to so perfect. As always, I hope everyone who comes here finds a tiny message of hope. DUI’s are no cake walk and it’ll take time but it gets better. It gets so. much. better. Push through and find what makes you happy. Hold onto it with everything you’ve got and before you know it you’ll be back on track and sitting pretty.

 

P.s. I am still receiving so many private messages looking for advice and encouragement. I’m always here for anyone who needs a willing ear but please be patient with me if I don’t respond right away!

 

P.S.S. For anyone who feels willing and able to do so, please consider writing a blog of your own in the same vein as this one. People need hope. That’s why you’re here! Just think of how it felt to be you in the early days of your dui ordeal and how nice it was to read something positive vs the overwhelming negativeness. We need to spread the love! Every bit counts!

 

That’s all for now! Good luck to everyone and enjoy your 2017!

2016 Update

I have just successfully completed my first year teaching. I found out several coworkers also have dui’s but I didn’t make mine public when the others shared. It’s not something I want out there in the circle of people that I may be working with for many years. Hypocritical? Probably. But it’s a small town and the rumor mill works over time. Most of the dui offenders were men. It’s probably sexist of me to say this but hell if it isn’t slightly easier for men to brush off the stigma associated with this particular crime. If it eventually comes out I’ll be ok with it and I’m prepared to address it but right now it’s one less thing to worry about. Oh and PS I signed a contract for next year and all of my students came out a little smarter and completely unscathed. I guess my dui didn’t completely destroyed my ability to effectively teach and be a contributing member of society. So I’ll repeat it… just for old time’s sake… suck it, MADD!

In other news, I am married and I have a new house. I often volunteer to DD for my husband because he basically drove everywhere while i was on probation. I feel like i need to pay him back woth interest for sticking by me through it all! Hes a trooper and i love him dearly.

I’m currently on vacation with my family. Inevitably my dui got brought up once (at least now they can joke about it!)… when my family talked about taking a trip to Niagara Falls next year… sound great except I can’t go to Canada apparently. Back to the drawing board! Good thing there’s plenty of other awesome places to see!

I rarely think about my dui or the things that went on during it. I have forgotten my arresting officer’s name and I no longer feel the roller coaster WOOSH feeling in my stomach when I see a police officer or cop car. I don’t get guilty feelings when I drink now but I definitely still overanalyze how I’m getting home. When in doubt, I don’t drink. I still look back on a few things but now I mostly think of the good stuff. Laughing with my kickers lawyer outside of the courtroom. The judge’s kindness in the final minutes. Keeping a kitten in my apron pocket while I did my community service… and giving it a ridiculous amount of cuddles. Holding “Simon” the dog who wanted so badly to get out of the shelter. (He shook in his cage but the second I took him out he snuggled right into me. I watched the shelter’s web page for weeks until his picture finally got moved to the “adopted” page.) How my friend who bailed me out brought me a cheeseburger. How the Asian motorcycle gang waited with me and loaned me a phone. How my then-boyfriend/now-husband came home and found me a crying wreck in our bed and how he listened to me sob about what I had done and what had happened before telling me exactly what I needed to hear (that he loved me and that this wasn’t the end of the world) before going to the kitchen and making breakfast. Burning the shoes I was arrested in with my closest friends around. (I’ve heard wearing shoes you were arrested in after you get out of jail can lead you right back to it… superstitious? I don’t care… I don’t want to take any chances!) Donating the dress I was arrested in. Snapping my arrest/intake DVD copy in half. Gosh the list goes on and on.

Keep your chins up! Too many of you are private messaging me saying things like “life isn’t worth living now” or “I’ve ruined everything” and it’s worrying! After a dui is no time to make dire choices because you’re at your lowest! Give it time! Don’t assume it doesn’t get better because I’ve been there and I can tell you it does if you let it happen! Wonderful and amazing things are in your future! Life is so so so good!

 

Teaching With a DUI

I understand that many people out there probably think this is the most horrible and terrifying title they’ve ever read. Well. I’m biased so of course I’m going to say it isn’t actually all that terrifying or dangerous and, no, if your child gets me as his teacher he isn’t going to start binge drinking alcohol and drunkenly riding his bike all around your neighborhood. He also isn’t going to absorb some of my DUI wickedness and my brief presence in his life won’t curse him to a future filled with flashing blue lights and years of court appearances and fines. Those things could happen but it certainly wont be the result of me having been his teacher for one subject for one year of his life. In fact, he probably won’t ever know I’ve been in trouble with the law because of 3 simple reasons:

1. While I may not have had the common sense the night I drove drunk and got arrested I DO have enough common sense not to tell my future Middle Grade aged students about that time I sat in jail and gave an unknown lump of something they told me was edible to the giant woman that was stuck in the same cell as me during shift change. I also won’t tel them about how the Asian motorcycle kid and his ultra supportive gang of other Asian motorcycle kids stuck around with me after he and I were released together to make sure I was safe until my friend picked me up. And honestly, that second story is a tale I’d love to tell when we talk about cultural stereotypes and societal expectations… but I still promise I wont.

2. My mugshot doesn’t appear when you google my name anymore. Well it does but it is like 5 pages in to the search and the picture is so damn small that even I overlooked it the first few times I searched my name recently. So let those kids google away. They’ll get bored by page 3 and give up and assume that I am little miss sunshine.

3. My name is changing in October because I’m getting married. Therefore they only have 2 months to figure out my deep dark secret and then my married name shall forever shield me from prying google searches.

SO, to anyone out there who is looking into teaching jobs with a DUI, have hope! I graduated in December, received my certification, gained a sub job in one of the biggest and most strict counties after going through finger printing and disclosing my conviction on my application, landed two interviews in different counties with my conviction still out in the open on my application, and finally… yesterday I was offered a job at my top choice. I live in a very competitive area and more than half of the people I went through my student teaching experience have still not gotten so much as an interview.

My advice to you if you find yourself in this predicament:

  • Be upfront with everyone and on every application. Tell them when you were arrested, when you were convicted, what you have done to make up for your mistake (list everything they made you do!) and tell them that you are embarrassed and ashamed of your mistake but that you have taken every moment and turned it into a learning experience so that you never repeat what you did. If you aren’t upfront, they will figure out that you lied and you will never hear from them again.
  • Understand that some people have major biases. I didn’t run in to any but it was always in the back of my mind that it could be possible that this principal could have lost a family member to drunk driving. Keep that in the back of your mind and, if you are asked to explain your arrest, explain it as if you were explaining it to someone who has been affected by one. Don’t make excuses, don’t shuck the blame. Own it. Show you know how serious it was. Express how sorry you are. Explain how you learned from everything that happened.
  • Meet as many people as possible. I got lucky and I knew someone who had worked in the county where I got hired. They were retired but they were able to reach out the the director of HR for the district and ask if they had any advice for someone looking for a job. I emailed that person my resume and a cover letter and she had me fill out their online application even though there werent any jobs. When a job suddenly became available in my specific field, the HR director sent along my resume and it landed on the desk of the principal. They didn’t even post the job. This is that classic “It’s not what you know but who you know” thing. Frustrating, I know… but clearly it is very effective.
  • Don’t be afraid to contact people even if there isn’t a job. They keep your resumes and you never know what might pop up out of nowhere!
  • Don’t stick to one county. Apply to all of them. Someone is bound to give you a shot.
  • When you finally do get a job… run and shout and cry and celebrate and don’t forget that you deserve it as much as any other person out there. 🙂

Hooray! I’m employed!

2015 Update

Hello again!

Well! There is lots and lots to tell. I am done with reporting probation… but still on non-reporting probation. I got tested two times in my 6 months of probation and I actually only had to go in to see my officer 5 times just because of the way she scheduled things. I still had to pay for 6 visits thought. Boo. Each visit got a little more pleasant and more routine. My testing seemed to happen every other visit. It wasn’t as horrible as I thought it would be. The waiting room was extremely dingy and filled with… interesting people. Not judging! They really were interesting! It was like being in jail purgatory except not as cold, I was allowed to keep my bra, and I knew I could get up and leave if I wanted to. The whole peeing in a cup while someone watched me was a new experience. I cleverly wore a giant stretchy maxi skirt to each and every probation meeting. It doubled as a privacy screen. I was so glad I had it! The ladies who were in the bathroom with me never actually watched me. They fiddled with the pee cups and the stickers that went on the pee cups and one even turned on the warm water tap to make sure it was a nice temperature when I was done. What a gem. At my last meeting, my probation officer basically let me know I still had to abide by all probationary terms… still no drinking or drugs or leaving the state without permission. If I break any laws I still get thrown straight in jail for the remainder of my probationary period.

This leads me to my next story. I had two brushes with the law during reporting probation. I know. I know. I’m dumb. But the first one legitimately wasn’t my fault! I got into a car accident which was technically the fault of a third party who left the scene of the accident while me and the other person involved were still clearing the stars from our eyes. Because he got away and because of the way the damage to both cars occurred, I was blamed. Why was this a big deal? Because I was driving home from school (student teaching) on a limited permit and I, in my shocked state, admitted that at the time of the accident I was leaving the bank (I went to the bank to get money for… SURPRISE! Probation!) and the cop immediately called a state trooper to handle my probationary ass because… I don’t know? Anyways, while we were waiting for the second cop I realized I was an idiot and I started crying like a baby. When the second cop got there he did the whole tough cop thing and read me the entire back of my limited permit stating where I was allowed to go and he made a big show of explaining that the bank was not one of those places. I answered yes sir to literally everything he said whether or not it warranted a response and I was literally shaking and he kind of paused for a second and handed me my license back and said “Well…. I’m not putting it on the citation so I don’t know why you’re so worried… just don’t do it again okay?” It took me a few minutes to process that one. I did get the citation in the end and my car, my beloved car that I have had since high school which has been my best friend forever, was totaled. I was fine though and I wasn’t in jail. I ended up getting a pretty nice car with the money the insurance company gave me. I’m also pleased to announce that my car insurance rates weren’t as horrible as I thought they’d be. I pay $112 for everything with Progressive. Everywhere else was quoting me over $150 for the same coverage. Shop around, folks! It’s possible to find affordable rates even with bad driving history.

I had some brief freak out moments after the citation because the next day when I went in for my probation meeting (I legitimately went to the bank for probation money!) my officer met me at the reception window and sent me straight to drug and alcohol testing. I didnt have a chance to tell her about my police contact/citation. I started freaking out about needing to tell her and that I was going to miss my window of time to tell her and that she’d find me in violation of my probation and that I’d go to jail. I googled the heck out of everything and no one had an answer for me. Every county is different. I was practically in cardiac arrest when I went into my officer’s office the next time. She was like “Oh! Sorry about your car! Glad you’re okay! You’ll be fine as long as you pay your citation fine on time!” (Keep this in mind for later on in my crazy story!)

Another issue with my citation was that they won’t reinstate your license if you break any traffic laws on your suspended license. My failure to yield citation would violate the terms of my limited permit and the state would revoke it and I would have to spend the entire year without any driving privileges. Cue the panic. I contacted my fantastic lawyer for advice and basically it was as simple as asking for a continuance on my court date. I went to the court after school one day and it was as simple as signing a form and voila! Court date moved! Disaster averted. I was able to get my license without any trouble and it was AWESOME!

Now when I got the new court date I immediate wrote it in my planner…. which I then lost. In my head a 7 became a 17 and with that small mental slip up I created a 12 hour period of absolute terror. On the night of the 7th I woke up from a bad dream about, you guessed it, going to jail for my unpaid traffic citation. Does it sound too cliche? I think so too… but it happened. I laid in bed for a while stewing. “No! I’m certain it’s the 17th!” “I can’t possibly go find the citation in my car right now… it’s 12 degrees outside!” “You can do it in the morning!” “I wont be able to sleep until I look!” “Fine! I’ll look!” “Where is it?” “Oh here it is!” “See the sevent.tuh.tuh..uhhhhhh…………. OH MY GOD NO!” I sprinted upstairs, woke up my sweet fiance in a frenzy, who calmly said… “You’re going to be fine. It’s a traffic ticket.” At the time, I was a wreck. “NO! I WONT BE OKAY! I”M ON PROBATION AND I”M GOING TO JAIL!” I hopped on the county website and paid my fine. I stayed awake all night googling to see if I could figure out my fate. I, once again found nothing helpful. I resolved to call the court first thing in the morning to figure out if I had a bench warrant for failure to appear or contempt of court. I spoke to a lovely woman who promised to call me back when she had a chance to look up the ticket to see if the payment processed. She forgot. I spend all day until about 4 PM (I called at 8 AM). After many apologies and many assurances she told me I was going to be just fine and that my payment had processed and that I had no warrants and no need to fear any future warrants.

Those would be the not so fun things.

The fun things that have happened since I last updated:

1. I got engaged. 🙂

2. I got a puppy. (She came with the engagement ring.)

3. I graduated from college for the second time.

4. I got my teaching certification…. something my probation officer said couldn’t happen until I was officially off probation for good. Well it happened. No issues whatsoever.

5. I got a part time job… teaching. Substituting actually but I count it as a win. I had to get fingerprinted and everything so they know about my DUI. I never got a call asking to explain… I just divulged the info on my application and that was all it took. I have been working every day and I’ve been making lots of connections.

I was so nervous that so many things were going to go wrong. I was scared I wouldnt make it through probation and I very nearly didnt. I was scared my degree, my certification, and my future employment opportunities would be ruined and I’d be saddled with more student loan debt and no job to pay it off. I also worried, foolishly, that my DUI and all my issues were slowly pushing my significant other away from me. I would have nightmares that basically involved him declaring that I was an unlovable fuck up and that he was better off alone. Obviously that didn’t happen. The opposite did.

I have lots of problems still. They’re all financial. Student loans suck and not having a full time job kind of sucks. But I have more than I could have dreamed of a year ago. I get to marry the greatest, most understanding guy. I have one heck of a support base that has just continued to get stronger. I have also, obviously, continued to learn very valuable lessons about growing up and taking responsibility. It hasn’t been fun! (Well… the engagement was awesome…) But I’m okay! I’m finally in a place where I get to worry about normal people problems and I don’t feel like I’m constantly looking over my shoulder for some big bad cop to come arrest me. I don’t have to talk to anyone about my experience if I don’t want to and it’s kinda awesome and liberating to not have to discuss it all the time with people who DO know. It’s old news. It’s a been there, done that situation. I never thought I’d see the day where it doesn’t affect me on a daily basis but that day has arrived! WOOHOO!

If you’re at the beginning stages of your DUI crisis, just know you’ll eventually get through it and, at the end of the day, everything is going to be just fine! 🙂 Chin up!

The “Stuff”

I keep getting lots of private messages about what to expect from the various classes/meetings/etc that you will have to do if you get convicted or plead down. (Yes, you often have to do everything a person convicted of DUI has to do whether or not you were actually convicted.) The only time you don’t have to do these things is if you get off scott-free and sometimes, even if you do eventually get off, a good lawyer will have you working on these things “just in case” before your official trial date. 

The average DUI offender is facing community service, MADD VIP, DUI Risk Reduction School, Drug and Alcohol Eval, and probation. Don’t panic! I am here to tell you what to expect!

Community Service: I received 40 hours which is the bare minimum in the state of GA. I completed mine at a local pet shelter that allows people needed to satisfy community service hours to work alongside their volunteers. My experience with them was pretty easy in terms of logistics. They asked that you attend an “orientation” which lasted maybe 30 minutes during which time they explained how to sign up for days/hours, what activities you’d be expected to do at each “job” (there were three different jobs to pick from). Ultimately, no matter where you were, you were mostly cleaning. Cleaning cages, cleaning dogs, cleaning bowls, cleaning towels, taking out the trash… cleaning the trash can. Clean clean clean. I love animals and I’ve grown up surrounded by them so poop and pee doesn’t bother me. If it bothers you, don’t work at an animal shelter. If you’re worried about being around puppies and kittens or animals in general and getting upset or wanting to take them all home with you…. I thought I’d be a sobbing mess. I was happy to find that the staff really does a wonderful job with adoptions and with the animals that are still waiting for homes. It wasn’t sad. It was just really busy! 

The buddy of mine who had received his DUI right around when I got mine but got plead down did his with a company that offers rides to people who can’t drive. Basically he worked 12 hour shifts over night on weekends and knocked his hours out fast. He said he mostly hung out with the guy who actually worked for the company and drove that company car whenever they needed to pick someone up. (The employee drives the customer’s car.) He enjoyed his experience as well. 

Be prepared to be designated as a community service worker. At the shelter, we wore different colored aprons from the staff and volunteers. My friend with the car company had to wear a different name tag. But most of the places you’ll find to do your hours will probably cater to a lot of the same crowd… aka people who need hours. And a lot of those people will probably be there with you. Strength in numbers… you’ll be surprised how many people you run in to that have similar stories. Everyone I met was friendly and shared their experiences but there was no pressure. This was the first thing I did for my DUI so I wanted to talk to EVERYONE to try to figure out what I could expect. They were kind and helpful and made me feel like I wasn’t an outcast. 

Overall: I was exhausted at the end of the day because I chose to work long hours (11 or more) to knock it out fast. I ended up having way more time than I expected so if I had it to do over again I’d probably spread it out a little more. I got lots of cuddles from adorable little baby animals and I even got to name a few when they came in. I met lots of people in similar situations who helped me feel better and feel prepared for the road ahead. 

MADD Victim Impact Panel: I think everyone knows based on some previous statements in some earlier blog posts that I’m not a fan of MADD so my opinion on this VIP isn’t going to be good. Let me just clarify, I do not have a problem with the message of MADD when it is simply “Drunk driving kills.” It does and it’s a problem. They’ve done a lot to raise awareness but I feel like for all the steps theyve taken for the good they’ve taken two back and ended up creating what I like to call a “witch hunt” for DUI offenders. A misdemeanor is a misdemeanor and I don’t think one crime should be beat down to death with tacked on consequences… many of which ultimately fund MADD. It still, to this day, does not seem right that I can’t have this expunged and that I was not eligible for the first offenders act in my state. DUI’s are a problem. I don’t think ruining lives is a solution. Ok, off my soap box.

What to expect: They’re gonna breathalyze you and there are going to be police officers present who could arrest you if they saw fit. If you’re on probation already before you do this panel, you’re not allowed to consume alcohol AT ALL. If you blow even a .01 at this point, you’re in violation of your probation and you’re going to jail… without bond. Don’t. Fucking. Do. It. If you’re not on probation, you still probably shouldnt risk testing positive because they’ll take your checks and kick you out. I paid maybe $65 for everything and I wouldn’t want to throw away another $65 for drink. (I’ve already spent enough money on those drinks I had the night I was arrested…) Anyways, they breathalyze you in front of everyone… it’s awkward but everyone’s doing it so just blow and get it done and you can go sit in the crowd and disappear. Mine had a lovely slide show of DUI accident wreckage… no blood but still. Intermittently there would be school portraits of people who passed in DUI related accidents. Sometimes they’d post the BAC of the drunk person who caused it. Meh. 

There were easily over 75 people in my panel group and there were 4 panels a month in the county I went to… a LOT of DUI’s. No, not all of them were, but I’d guesstimate over 80% were. Everyone looked miserable and uncomfortable because I think they all were assuming the worst. It wasn’t THAT bad. Three speakers, all affected by DUI accidents in different ways, came and shared their stories. The first two speakers were kind of (don’t strike me down, Lord!) lame. While I sympathized with their loss, they both bothered me for several different reasons. I felt like the first woman tried too hard to be “cool”. I felt like she walked in and was like “I’m going to be so funny and so laid back… they’re going to love me.” I didn’t think she was funny. I thought she was awkward and it made me feel awkward… but not in the “I’m learning a lesson way.” More in a “I’m pretty sure this chick LARPs and plays table RPGs and probably wears latex elf ears at home and seduces her overweight boyfriend with “thee” and “thine” kind of talk.” I know you know the kind of person I’m talking about. Nothing against those people, actually, more power to them. And definite kuddo’s to this woman for sharing her story. It just didn’t resonate with me and, because it didn’t, I didn’t take anything away from her story. The second tried to overdo the sobbyness of her story. She would say things over and over again for what I assumed to be effect.It was like she realized that people weren’t crying and she really needed someone to cry so she kept saying irrelevant things to make it seem more sad. She often had to back track in her story to do so. I think everyone knew what she was doing and I think a lot of us kind of shut down after a certain point. The third was a sweet little old man who stated his story simply and in a matter of fact way. I appreciated this so much after the first two. No gimmicks, no opinions, just straight up “here’s my story…” 

I am heavily biased against MADD and walked into the panel angry. While I am typically the biggest baby in the world, I felt emotionless during this panel and I don’t feel it taught me anything. I don’t think it should be part of sentencing because I think it contributes to an organization that has lost track of it’s original goal and now does more harm than good. 

Expect to be there at least 30 minutes early and to leave 30 minutes later.

DUI School: I lucked out with my DUI school and instructor. They were so wonderful. We got baked goods and snacks and delicious drinks for the whole weekend. The people in my class were cool but a lot of them looked pretty rough. A surprising amount of them were repeat offenders. It was a nice reminder outside of my jail experience about who I was and who I  want to be. That’s not a judgement on their character. That’s a judgement on myself. 

I believe the whole class takes 24 hours which will be split up over 3 days. The classes are long and can get realllllyyyyyy boring. You’ll have a workbook and you’ll go through it over the course of the class and fill everything out. It’s meant to be a tool to help you reflect on literally everything. Answer honestly because they don’t check them or keep them. It really can be beneficial… at least parts of it can. The instructor never forced us to answer if we didn’t want to but participation is highly encouraged and there really isn’t any judging… While it was long and drawn out, I found this the most… dare I say… enjoyable thing I did after community service. 

Drug and Alcohol Eval: I don’t think I can be much help with this. I went to someone based off my friend’s recommendation. I ended up in an older office complex where I once went to get some reallly awful eyelash extensions. I should’ve known the second I saw that address but I had the last minute appointment and I needed to get it done. I didn’t think the woman I spoke with was professional. At one point I’m pretty sure she tried to bribe me. But I got through it with no recommendations for anything other than DUI School and I saved a tiny bit of money… The whole bribe thing is now kind of the shining example of how I feel about DUIs in the legal system… it’s all about the money, honey. 

Apparently, in other evals you’ll be drug tested and possibly breathalyzed. I was not. 

These people are the ones who often recommend things like AA meetings or even anger management type things. 

This is the one that I felt like a lot of online google search results ended up with folks telling me I should lie my way through this meeting. On one hand… having an alcoholic family member could be enough to get extra meetings tacked on…. on the other… this is where you’re supposed to be flagged if you actually need help. This is one of those tread  carefully and think through what you say and do. Don’t be careless and assume they’re just going to look over a slip of the tongue. You will be meeting with them for almost an hour and lies are hard to maintain for that long. If, in the back of your mind, you are worried that you might have a problem… PLEASE just be honest. These are the kind of people that can get you care and actual help. 

Probation: Well. They schedule your first meeting at your trial and you can’t really do much about the day or time and it sucks. I ended up having to take a sick day. But after your first meeting you get to pick your days and times which is nice. I was late to my appointment due to traffic and my officer wasn’t exactly thrilled with me and she definitely made a point to say something when I got in there.I was there for a little over an hour including wait time. The meeting itself went pretty fast because I came prepared. (I had all of my paperwork with me.) She basically just tried to drive home the idea that if I get caught with anything in my system that I go to jail. Also that if I get caught drinking (not drinking and driving… just straight up drinking… ever) that I’d go to jail. Apparently going to jail on probation means you don’t get bond which means you’re stuck in there until the judge decides to see you. She also mentioned how I could be drug tested at any of our meetings but I didn’t end up getting tested that day. You have to pay for the urine test and she made sure to mention that someone would be in the bathroom with me while I filled the cup. Not looking forward to that but I guess I’ll just wear a big billowy dress. :S

_________________________________________________________________________________________________

At the end of the day, none of the above was as scary as I expected. It all costs more money than it should and takes up a lot of time but once you’re in there just sit back and take it all in. If I can make it through it, you definitely can!

The “Stuff”

I keep getting lots of private messages about what to expect from the various classes/meetings/etc that you will have to do if you get convicted or plead down. (Yes, you often have to do everything a person convicted of DUI has to do whether or not you were actually convicted.) The only time you don’t have to do these things is if you get off scott-free and sometimes, even if you do eventually get off, a good lawyer will have you working on these things “just in case” before your official trial date.

The average DUI offender is facing community service, MADD VIP, DUI Risk Reduction School, Drug and Alcohol Eval, and probation. Don’t panic! I am here to tell you what to expect!

Community Service: I received 40 hours which is the bare minimum in the state of GA. I completed mine at a local pet shelter that allows people needed to satisfy community service hours to work alongside their volunteers. My experience with them was pretty easy in terms of logistics. They asked that you attend an “orientation” which lasted maybe 30 minutes during which time they explained how to sign up for days/hours, what activities you’d be expected to do at each “job” (there were three different jobs to pick from). Ultimately, no matter where you were, you were mostly cleaning. Cleaning cages, cleaning dogs, cleaning bowls, cleaning towels, taking out the trash… cleaning the trash can. Clean clean clean. I love animals and I’ve grown up surrounded by them so poop and pee doesn’t bother me. If it bothers you, don’t work at an animal shelter. If you’re worried about being around puppies and kittens or animals in general and getting upset or wanting to take them all home with you…. I thought I’d be a sobbing mess. I was happy to find that the staff really does a wonderful job with adoptions and with the animals that are still waiting for homes. It wasn’t sad. It was just really busy!

The buddy of mine who had received his DUI right around when I got mine but got plead down did his with a company that offers rides to people who can’t drive. Basically he worked 12 hour shifts over night on weekends and knocked his hours out fast. He said he mostly hung out with the guy who actually worked for the company and drove that company car whenever they needed to pick someone up. (The employee drives the customer’s car.) He enjoyed his experience as well.

Be prepared to be designated as a community service worker. At the shelter, we wore different colored aprons from the staff and volunteers. My friend with the car company had to wear a different name tag. But most of the places you’ll find to do your hours will probably cater to a lot of the same crowd… aka people who need hours. And a lot of those people will probably be there with you. Strength in numbers… you’ll be surprised how many people you run in to that have similar stories. Everyone I met was friendly and shared their experiences but there was no pressure. This was the first thing I did for my DUI so I wanted to talk to EVERYONE to try to figure out what I could expect. They were kind and helpful and made me feel like I wasn’t an outcast.

Overall: I was exhausted at the end of the day because I chose to work long hours (11 or more) to knock it out fast. I ended up having way more time than I expected so if I had it to do over again I’d probably spread it out a little more. I got lots of cuddles from adorable little baby animals and I even got to name a few when they came in. I met lots of people in similar situations who helped me feel better and feel prepared for the road ahead.

MADD Victim Impact Panel: I think everyone knows based on some previous statements in some earlier blog posts that I’m not a fan of MADD so my opinion on this VIP isn’t going to be good. Let me just clarify, I do not have a problem with the message of MADD when it is simply “Drunk driving kills.” It does and it’s a problem. They’ve done a lot to raise awareness but I feel like for every step theyve taken for the good they’ve taken two back and ended up creating what I like to call a “witch hunt” for DUI offenders. A misdemeanor is a misdemeanor and I don’t think one crime should be beat down to death with tacked on consequences… many of which ultimately fund MADD. It still, to this day, does not seem right that I can’t have this expunged and that I was not eligible for the first offenders act in my state. DUI’s are a problem. I don’t think ruining lives is a solution. Ok, off my soap box.

What to expect: They’re gonna breathalyze you and there are going to be police officers present who could arrest you if they saw fit. If you’re on probation already before you do this panel, you’re not allowed to consume alcohol AT ALL. If you blow even a .01 at this point, you’re in violation of your probation and you’re going to jail… without bond. Don’t. Fucking. Do. It. If you’re not on probation, you still probably shouldnt risk testing positive because they’ll take your checks and kick you out. I paid maybe $65 for everything and I wouldn’t want to throw away another $65 for drink. (I’ve already spent enough money on those drinks I had the night I was arrested…) Anyways, they breathalyze you in front of everyone… it’s awkward but everyone’s doing it so just blow and get it done and you can go sit in the crowd and disappear. Mine had a lovely slide show of DUI accident wreckage… no blood but still. Intermittently there would be school portraits of people who passed in DUI related accidents. Sometimes they’d post the BAC of the drunk person who caused it. Meh.

There were easily over 75 people in my panel group and there were 4 panels a month in the county I went to… a LOT of DUI’s. No, not all of them were, but I’d guesstimate over 80% were. Everyone looked miserable and uncomfortable because I think they all were assuming the worst. It wasn’t THAT bad. Three speakers, all affected by DUI accidents in different ways, came and shared their stories. The first two speakers were kind of (don’t strike me down, Lord!) lame. While I sympathized with their loss, they both bothered me for several different reasons. I felt like the first woman tried too hard to be “cool”. I felt like she walked in and was like “I’m going to be so funny and so laid back… they’re going to love me.” I didn’t think she was funny. I thought she was awkward and it made me feel awkward… but not in the “I’m learning a lesson way.” More in a “I’m pretty sure this chick LARPs and plays table RPGs and probably wears latex elf ears at home and seduces her overweight boyfriend with “thee” and “thine” kind of talk.” I know you know the kind of person I’m talking about. Nothing against those people, actually, more power to them. And definite kuddo’s to this woman for sharing her story. It just didn’t resonate with me and, because it didn’t, I didn’t take anything away from her story. The second tried to overdo the sobbyness of her story. She would say things over and over again for what I assumed to be effect.It was like she realized that people weren’t crying and she really needed someone to cry so she kept saying irrelevant things to make it seem more sad. She often had to back track in her story to do so. I think everyone knew what she was doing and I think a lot of us kind of shut down after a certain point. The third was a sweet little old man who stated his story simply and in a matter of fact way. I appreciated this so much after the first two. No gimmicks, no opinions, just straight up “here’s my story…”

I am heavily biased against MADD and walked into the panel angry. While I am typically the biggest baby in the world, I felt emotionless during this panel and I don’t feel it taught me anything. I don’t think it should be part of sentencing because I think it contributes to an organization that has lost track of it’s original goal and now does more harm than good.

Expect to be there at least 30 minutes early and to leave 30 minutes later.

DUI School: I lucked out with my DUI school and instructor. They were so wonderful. We got baked goods and snacks and delicious drinks for the whole weekend. The people in my class were cool but a lot of them looked pretty rough. A surprising amount of them were repeat offenders. It was a nice reminder outside of my jail experience about who I was and who I  want to be. That’s not a judgement on their character. That’s a judgement on myself.

I believe the whole class takes 24 hours which will be split up over 3 days. The classes are long and can get realllllyyyyyy boring. You’ll have a workbook and you’ll go through it over the course of the class and fill everything out. It’s meant to be a tool to help you reflect on literally everything. Answer honestly because they don’t check them or keep them. It really can be beneficial… at least parts of it can. The instructor never forced us to answer if we didn’t want to but participation is highly encouraged and there really isn’t any judging… While it was long and drawn out, I found this the most… dare I say… enjoyable thing I did after community service.

Drug and Alcohol Eval: I don’t think I can be much help with this. I went to someone based off my friend’s recommendation. I ended up in an older office complex where I once went to get some reallly awful eyelash extensions. I should’ve known the second I saw that address but I had the last minute appointment and I needed to get it done. I didn’t think the woman I spoke with was professional. At one point I’m pretty sure she tried to bribe me. But I got through it with no recommendations for anything other than DUI School and I saved a tiny bit of money… The whole bribe thing is now kind of the shining example of how I feel about DUIs in the legal system… it’s all about the money, honey.

Apparently, in other evals you’ll be drug tested and possibly breathalyzed. I was not.

These people are the ones who often recommend things like AA meetings or even anger management type things.

This is the one that I felt like a lot of online google search results ended up with folks telling me I should lie my way through this meeting. On one hand… having an alcoholic family member could be enough to get extra meetings tacked on…. on the other… this is where you’re supposed to be flagged if you actually need help. This is one of those tread  carefully and think through what you say and do. Don’t be careless and assume they’re just going to look over a slip of the tongue. You will be meeting with them for almost an hour and many are trained to look for inconsistencies and lies. If, in the back of your mind, you are worried that you might have a problem… PLEASE just be honest. These are the kind of people that can get you care and actual help.

Probation: Well. They schedule your first meeting at your trial and you can’t really do much about the day or time and it sucks. I ended up having to take a sick day. But after your first meeting you get to pick your days and times which is nice. I was late to my appointment due to traffic and my officer wasn’t exactly thrilled with me and she definitely made a point to say something when I got in there.I was there for a little over an hour including wait time. The meeting itself went pretty fast because I came prepared. (I had all of my paperwork with me.) She basically just tried to drive home the idea that if I get caught with anything in my system that I go to jail. Also that if I get caught drinking (not drinking and driving… just straight up drinking… ever) that I’d go to jail. Apparently going to jail on probation means you don’t get bond which means you’re stuck in there until the judge decides to see you. She also mentioned how I could be drug tested at any of our meetings but I didn’t end up getting tested that day. You have to pay for the urine test and she made sure to mention that someone would be in the bathroom with me while I filled the cup. Not looking forward to that but I guess I’ll just wear a big billowy dress. :S

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At the end of the day, none of the above was as scary as I expected. It all costs more money than it should and takes up a lot of time but once you’re in there just sit back and take it all in. If I can make it through it, you definitely can!

It’s Over.

Well. I did it! I’m officially a criminal.

Is it strange that even though I have been convicted and am now staring down all of my remaining consequences that I feel so relieved? It’s just so nice to not have court hanging over my head anymore. I can finally check my email without feeling unbelievably anxious that I’ll have a court related email waiting for me.

I entered my guilty plea almost two weeks ago. I am driving on a limited permit and I have a probation meeting with my brand spanking new probation officer in exactly a month.

So what was it like?

Well… I suppose I should preface the actual court day with a very confusing preceding week. If you guys haven’t figured out how much I love my lawyer… you should maybe go back and do some close reading of my other posts. I LOVE her. She was my hero and I’m so thankful I found her. Finding a good, trustworthy DUI lawyer that can make you feel like a member of your own family is defending you is kinda like finding a needle in a haystack. I won the lawyer lottery. HOWEVER, the week before my trial date, she threw a complete curve ball my way when she asked if I was still going to enter my plea or if I wanted to fight it. “What do you mean?” I said shakily, “I thought we decided that the plea was my best bet?” “No!” she stated cheerily, “You still have the option for a jury trial… remember… a guilty plea means you have no chance at getting this off of your record! A jury trial, although risky, at least has the slim chance you’ll walk away with nothing.” My heart dropped and then sped up all at once. I had been living for MONTHS with the knowledge… the assurance! that we had made up our minds and that I was pleading guilty. I didn’t have perfect argument to defend my BAC. My arrest video wasn’t horrible but it wasn’t perfect by any means. I cried. I failed my walk and turn test. I waver slightly during my one leg stand. Blah dee blah. Anyways, I had come to terms that I had chosen the best way to approach my court date… whenever it may come… and that my lawyer regretfully agreed with that decision. Now I was being forced to reexamine everything once more with a definite court date staring me in the face. This was going to be the day… fight or plea… my case was rapidly coming to a close. But how?

If I chose to fight, my lawyer would present a strongly worded, powerfully presented weak argument in my defense to 6-12 jurors comprised of my DUI biased peers. (Don’t fool yourself and act like everyone who hasn’t received a DUI themselves isn’t firmly in the “DUI offenders are monsters!”… well maybe not in the every day sense but in the court room… they are already biased to vote against you.) If I tried and failed, I was facing definite jail time and who knows what in terms of community service, AA meetings, Probation, fines, etc. If I chose to plead guilty… minimums. I would walk in knowing what was going to happen and the punishment I would receive and it would be the best case scenario for someone in my position: A first time DUI offender.

I talked to my mom, my dad, my boyfriend, my boss, my close friends…. every single one of them said that I should risk it all. Go in! All or nothing! Every time someone told me that, my heart turned to stone and dropped to my feet. My reaction to their answers told me exactly what I didn’t want to tell myself. I knew, deep down, what I needed to do to stay sane and to stay out of jail. Take the plea. Years from now I will look back and curse myself. Today, as I sit here in my beautiful home with my sweet puppy at my feet, I am thankful for three weeks ago me. If I had chosen the alternative route, I may literally just have gotten out of jail.

So what happens when you fight? Sorry folks. I can’t help you. Maybe someone who has gone through it can talk you through it in the comments.

What happens when you enter a plea deal?

You sit in the courtroom until they call your name. Your lawyer will state that he/she is there for you. They will almost immediately seek out your prosecutor to work out the “deal” for the plea. My lawyer had already done this as the prosecutor was a friend. Your lawyer will probably then want to go over everything with you. You will be asked to read the terms of your plea which outline exactly what you are admitting to and what your consequences will be for doing so. You will have to sign and initial a bunch of things and then reenter the court room. Then you will wait some more. Eventually, your judge will call you forward. I’m not sure if this is how it works everywhere but we approached the bench instead of standing at the podiums/tables where we held the motions trial and where I assume we would be if we had the jury trial. This meant that the judge was able to talk just to me and me to him without anyone really being able to hear us other than the stenographer and the clerk. That made me feel better. I felt like I was having a conversation rather than feeling exposed to everyone in the court room. My business remained my business. The prosecutor informs the judge that you have reached a plea deal and he will look over the papers that you signed so he can see what you’ve agreed to. If everything seems in order, he will pretty much summarize what you went over with your lawyer. Your lawyer will then swear you in and he will ask you several questions such as “Are you entering this plea of your own free will?” You will only have to say yes. Nothing more. My judge was very pleasant and complimented my lawyer for getting the minimum punishments and kind of joked that probation probably won’t bat an eye my way because I seemed like I would be okay. He winked. He was very amiable. I think he’ll make a great grandfather one day. The you side step over to the little clerk fellow who will have you sign more things. You will walk down the hall to pay your fine (if you choose to do it that day) and then head to probation. There they will give you all the info about what it means to be on probation, who your officer will be, and when your first meeting is. These were the rudest people ever. They acted as if I knew nothing about my situation or my consequences. They were belittling and quasi-intimidating. I left their office feeling slightly angry and offended… but hey… I’m a criminal soooo I suppose I don’t warrant respect or kindness. Tangent. At some point I was handed information about my license suspension/how to get my limited permit. When I received specific paperwork is all kind of a blur…. Once I left the probation office, I said goodbye to my lawyer and I was on my way!

My parents came up and I will say that it definitely helped to have a support group there. Even though it was quick and relatively painless… it was very nice to be able to have someone to talk things through with if only to prevent my mind from wandering to doom and gloom thoughts.

My punishments were as follows:

40 Hours Community Service (completed pre-plea)

MADD Panel (completed pre-plea)

Drug and Alcohol Eval (completed pre-plea)

DUI School/Risk Reduction (completed pre-plea)

120 Suspended License (My license was not taken during my arrest so I have to do this now… I had to hand the judge my license when we went over my plea which meant my suspension was effective immediately. I would not be able to get my limited permit because the DDS is closed on Mondays. Boo.)

12 Months Probation/6 Months Reporting (AKA 6 months of paying $39)

1 Guilty DUI conviction on my record

The End.

I’m sure my insurance will drop me or my premium will skyrocket. As of right now, that hasn’t happened. I will be sure to write up a post when it does. For now, I will focus on explaining what it was like to go through all of the mandatory classes, etc. Those will be coming soon. Tonight, however, I have 10lbs of home smoked BBQ with all the fixins callin my name.

It’s Almost Over

It is now July of 2014. On Monday, I will plead guilty to a DUI. I am tired. I am facing jail time if I continue to fight this and I can’t even stomach the thought of returning to that place. The dang purgatory of jail was bad enough… I can’t imagine what it’s like once you’re really in there. I don’t ever want to find out. It has been over 2 years since my arrest…. since my mistake. Do I think the sentence that is about to be handed down to me is justified by what I did? No. What I am facing is the minimum consequence of a DUI conviction. I will be paying the minimum fine ($300), driving on a restricted license for 120 days, put on non-reporting probation for 12 months, and… if I hadn’t already completed it all…. I would have to do the MADD panel, the DUI school, the drug and alcohol evaluation, and community service. What have I paid so far?

Lawyer: $4000

Witness fee (We never used him but this was the down payment.): $600

Tow fee: $270

Dui School: $275

Madd Panel: $65

Drug and Alcohol Eval: $100

Missed work: $0…. my employers are amazing.

Upcoming fine: $300

Restricted License Fee: $25

License Reinstatement in 120 days: $210

Car insurance: I have no idea… I’ll write about that when I cross that bridge.

I look at this and I kinda want to throw up but then again I also feel like I’m getting off INCREDIBLY cheap. A buddy of mine who got plead down to reckless paid about a grand more than I did when all was said and done. I suppose this all depends on who you go to… especially the eval. Some eval companies charge over $200 and people willingly pay the first person they find on a google search without ever considering that there might be a cheaper option.

Part of me wishes that I had just gone ahead and plead out before I ever let this mess escalate. I’d be two years removed from the conviction and I’d have an easier time explaining it away in a job interview. However, the time it has taken to arrive at this point has given me the blessed chance to fully digest, accept, comprehend, blah dee blah everything that has happened. I made a bad choice. This is the outcome.

So why do I feel like my punishment isn’t warranted? Because I was threatened with jail time to keep me from “wasting” the court’s time with my case which had valid issues. My arresting officer did things wrong. Things that could easily have affected my BAC which resulted in my not being able to plea down or get my case dismissed. If I had more money, I would easily be walking free. But I don’t. So I’m not. And that just makes me incredibly frustrated because I feel like my DUI conviction is not necessarily for my betterment or even the betterment/protection of society… it’s for money. Profit. Government profit. MADD profit. I made a bad choice and now I am among the lucky scapegoats of the criminal society. I feel like I’ve been branded with the scarlet letter except I don’t get a happy ending in this particular story of my life. Why? Why can’t I just move on and learn from my experience? Because there is no moving on from a DUI. Life after a DUI is simply coping and hoping. Coping with the stigma and the knowledge that I am a smudge on the ass of the United States Justice System and that my one black mark permanently lessens my standing in the eyes of millions of potential friends, co-workers, employers, etc. Hoping that people beyond my immediate friend group and family can see past my mistake and give me a chance. Hoping that this degree I earn in December isn’t in vain and that some employer out there sees my potential and takes a chance.

This may sound very doom and gloom but sometimes it feels that way. Knowing that, as of right now, I have done one of the few things that there is absolutely no way to have taken off of my record. I will carry this around with my no matter what I do. I can attend all the classes, talks, panels, and do a billion hours of volunteer work and I’ll still just be Ms. _______ ___________…. the girl with the DUI. It’s very discouraging. It’s very disheartening. And it makes me wonder what the ultimate goal of my government and groups like MADD is. Saving lives? Forgive me for being cynical and bitter, but I feel like the legislation concerning DUIs ruins more lives than it saves. My main question, I suppose, is where is my second chance? Why don’t I get help when it is my first and only crime? Why does my 50 year old self have to suffer because of what my 23 year old self did when any other person with any other misdemeanor has a chance to start fresh after a certain period of time. How is that justice?

Sigh.

Still Hanging In There!

Bonjour!

My last post was June of 2013. It is now January of 2014 and I still have no result, no answers, no nothing. I do have a court date though! Too bad I have had about a dozen court dates and it obviously hasn’t gotten me anywhere. If this gives you any inkling as to what you’ve gotten yourself into then I have done my job and served a purpose!

So here are things that I never expected to learn from my DUI experience:

1. DUI cases can take for ever. Years even… PLURAL! YEARS! I’m coming up on TWO!

2. The people involved in your case (your lawyer, judge, prosecutor, officer, etc.) will stop scaring you. The first six months of this probably took years off of my life simply because I was so stressed out. I felt so awful about myself and about my situation that I barely allowed myself to have fun. There was no getting out, letting it go, or forgetting about it even for a second. Every beer or glass of wine passed in my direction felt like a slap in the face. Every squad car on the side of the road made me physically sweat. Opening an email from my lawyer felt like I was knowingly detonating a bomb. Showing up in court and having the judge walk in and lock eyes with me felt like I was facing down a medusa… without a mirror! If your case doesn’t last too long, maybe that will be your experience throughout… but if your case drags on and on like mine you might start to feel differently. Maybe it’s because this has become my norm… maybe I just adapted… whatever the case… it gets easier to have a DUI case hanging over your head. It never leaves you! But you’ll be able to look yourself in the mirror and not see yourself in a prison jumpsuit.

3. You’re never going to know anything. Ever. The sooner you accept that you have no control over the outcome of your case, the day your court date is scheduled, etc, the sooner you’ll be able to relax.

4. Your mugshot isn’t going anywhere unless you get a not guilty or case dismissed. Get over it or pay the money to get it taken down. (VULTURES!) Word to the wise, however, even if you do pay it’ll probably just pop back up on a different site. I’ve read stories about people paying thousands only to have it continue to appear down the road. I would suggest getting a firm that deals with this stuff by bombarding the internet with positive pictures and paying for them to be the first things that pop up when your name is searched. Your mugshot will still be online but it will be on the 3rd or 4th pages rather than the 1st. (Update in 2015: I never did this because I dont have hundreds of dollars to spend on something like this that isn’t 100% guaranteed to work. I have monitored my mugshot over the years and it is slowly going down to the bottom on the 1st page. The duplicates that once joined it on the front page are nowhere to be found. It sucks that it’s there but at least it isnt the first thing you see any more.)

5. People won’t ask questions. I am working on becoming a certified teacher (I can hear the collective gasps now!) and the process for moving through the Education program at most Universities requires strict… like SUPER strict… background checks. Even if the case is pending, it will show up. It says pending but whoever looks at it will see what you did and when you did it. I have gone through this process 4 times… not a soul has even bothered to ask. Maybe that says something about education professors… or maybe it shows you just how insignificant this really is in terms of your life and your goals.

6. No one has to know if you don’t tell them. Other than those folks who have to have access to your criminal record, no one will know. Sure your mugshot is on the internet but how often do you look someone up? Rarely… if not never. Ladies, you know how people used to tell girls in sex ed that no one would ever know if you were on your period or not unless you said something? Same concept applies. That mugshot is like someone checking the trash after you leave the bathroom for an empty wrapper… Who does that? Your friends, extended family, coworkers… those people will not find out unless they’re stalking you or you tell them. 🙂

7. Your insurance company is among those people who won’t know until you tell them. Like I said, it has been almost two years and my premiums have gone down. Booya! Until you’re convicted, you don’t have to worry about increased insurance prices. Enjoy it!

8. There will be people around you who blast DUI offenders as the worst type of person alive. (I’M LOOKING AT YOU AGAIN, MADD!) They will say everything and anything under the sun to make you feel bad about yourself. Those people have done worse. Guaranteed. They don’t have the right to judge you. If you’ve finally gotten into a good place and you’ve put your past where it belongs then don’t let them into your head.

9. MADD sucks and DUI laws are a joke. End of story.

“Arraignment” and “Motions Trial”

These are two legal terms you should acquaint yourself with if you plan on fighting your charges. I’m going to be honest and say I have no clue how to explain this in a way that makes me sound like I’m an expert. I have gone to each type of court appearance and I just wanted to give folks a run down of what my experience was like because, like it or not, you’re going to have to go to one or more of these during your case.

My lawyer likes to called arraignments “calendar calls.” And quite literally, that’s all it is. A bunch of lawyers and their clients (although a lot of time it’s just lawyers because they can come to court in your stead which helps out a lot if you have a job and don’t want to take 20 days off) gather in your assigned judge’s courtroom to update him/her on their client’s case. I went to the very first of my arraignments because my lawyer wanted me to see what it was all about. You will meet your prosecutor here although he won’t talk to you unless you’re representing yourself. My guy wouldn’t even look in my direction. Your prosecutor is also probably handling a huge amount of the cases in the courtroom. When I went, it seemed like my prosecutor had to meet with every defense lawyer in the room to see what they had to say and he had his own copy of their case files and everything. Busy guy… Anyways, the judge comes in and he calls out client names and the defense lawyer runs up and mumbles the case status and either says they’re ready to go to trial or they’re requesting a delay until the next calendar date. I didn’t see anyone get turned down when they asked for a delay. The prosecutor also has to mumble some semblance of accord with the delay too. I have no clue what happens if he wants to proceed… The judge will then look at his calendar and tell your lawyer that they will be rolled over to the next court cycle and your lawyer will thank them and then, if they’re worth all the money you’re paying them, will capitalize on the face to face time to update you on their efforts with your case and propose some possible angles to you. All of them will cost money… soooooo much money. But ya gotta do what ya gotta do. Then you go home! All in all it took maybe an hour of my life.

The motions trial is a sort of mini trial. This is where your defense lawyer gets to A. Feel out the judge to see how he/she responds to certain angles on things dealing with your case, B. Get a feel for what angle the prosecutor is shooting from, C. Try to argue away evidence that may have a negative effect on your case at the real trial. My girl went up trying to get the judge to throw out my eye test during the field evaluation. She was trying to show that the officer did several things wrong during the test and failed to account for other factors that may have caused the issues he claimed pointed to my impairment. This is also a good time to see how your officer will do as a witness on the stand. Mine was a super dick. No offense coppers, but this man could not have exaggerated more if he tried. The best part was, he straight up bullshitted things that he claimed I said and did during the field evaluation AFTER we watched the video and we all knew it not to be true. Stuff like being unable to walk, stumbling, mumbling, wobbling… he said I did it all when there was video evidence that shows me standing perfectly still talking to him clearly. She also asked him about some of the things I said in response to his questions… she specifically asked things that had video and audio evidence from the squad video. When asked on the video where my ID was (I left it at my friends house in my clutch I had taken out that night… but at the TIME I was convinced I left it in the taxi we took back to her place.) I clearly say “I must have left it in the taxi.” His answer: “Oh she didn’t have a clue where it was… first she says its in her trunk, then she says its at the club.” He also seemed to like to play up to the fact that a cop’s life was hard. I understand it’s a tough job, but his professional issues don’t pertain to my case… so when she asked if he ever considered eye redness could be a symptom of tiredness and he responded “Oh well as a cop I know all about tiredness… we work long hours and blah blah blah.” Well… that’s great and all and I really do thank you for your contribution to society but WTF, dude? Answer the question. Don’t milk pity points from the judge. Sigh. These are just two examples of things that continued to happen throughout the motions trial. It was horribly annoying and the judge was clearly kind of “meh” about the whole affair. In the end, he didn’t grant the motion stating that the video couldn’t prove or disprove a poorly given eye test but that it looked legit enough that he was going to allow it to stay in evidence. My lawyer later explained that she honestly didn’t expect the motion to be granted but that this was a feeler trial, like I said, to gauge the performance of the cop and the prosecutor as well as to see if she could get an idea of how strict/douchey the judge was going to be.

Things to expect for sure: They’re going to show your arrest video, they’re going to drag up bad memories of the night you wish you could erase forever and it’s going to suck, the prosecutor will more than likely try to up the consequences for a conviction to scare you into giving up, and other people will be in court… people waiting for their trial… they’ll see and hear everything and it will be embarrassing.

Facts:

-Motions trials are excellent opportunities to practice for the real trial. Every experience in court can help prepare you for DDay. It also helps your lawyer develop a better plan of attack.

-Motions trials are great times for prosecutors to offer deals. Usually, if you’re going to get a deal… it’ll be the day of your motions trial.

-You lawyer will have an opportunity to speak one on one with both your prosecutor and your judge. Surprisingly, mine learned loads about my judge’s opinions on DUI cases from a 5 minute exchange back in his chambers.

-Your lawyer will want the transcript. Mine cost almost $300. Be prepared to pay up.

Advice:

-Put on your serious face and don’t let a damn thing they say let it falter. Did I want to cry as I watched myself sob on my arrest video? Yep. Did I want to stand up and scream at the cop for lying? Yep. Did I want to punch my prosecutor in the face when he approached my lawyer after the trial with a smug little smile on his face? Hellllllll yes. But I didn’t and my lawyer was impressed.

-Bring a notepad. Write down any little thing the prosecutor/cop says that you don’t believe is accurate. Make sure to bring it up to your lawyer after trial.

-Watch your judge during the trial and compare his demeanor from when your lawyer was talking to when your prosecutor was talking. It’ll help you gauge his stance on the case.

-Watch your prosecutor when your lawyer is talking. Is he flustered, does he look confused, does he laugh at some suggestions… negative reactions are good.

-As always, stay positive and hope it all works out for the best.