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CrystalGirlx
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Default Feb 23, 2019 at 01:18 PM
  #1
So I got a DWI back in October and my case is STILL pending. My attorney passed away, so this put it off almost another three months until a replacement was designated. My problem is that my BAC was SUPER high...like .17. I got pregnant shortly after my DWI, and I haven't drank since then.

I am worried, as people are telling me that because of my bac I may get referred out for "additional treatment" where you go once a week at $60 a visit. Sometimes more if they feel it is necessary.

I am now 5 months pregnant. My biggest fear at this point is having to attend these sessions now while I am heavily pregnant. They are located in a really bad area with a high crime rate. I am already looking at a 7 month license suspension and I ended up having to give up my seat in nursing school because I wasn't sure when I was going to lose my license....it just sucks. I was also set to take a nurses aide course which would have raised my pay by $5 an hour at my job...but I again had to not take it because I wasn't sure when I was going to lose my license. I wanted to start looking for a higher paying job because of the baby, but I can't now because of my transportation issue. It just keeps getting pushed further and further and extended out past my due date.

My state offers absolutely no conditional license. I thankfully have my parents who can drive me too and from work, but the stress is destroying me.

BTW I come from a state where DWIs are not considered crimes. I have no criminal record, just a loss of driving privileges.
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Default Feb 23, 2019 at 01:48 PM
  #2
Are you using a public defender? I ask because unfortunately they are often bogged down with a lot of cases and do not always have the time to fight for you. My case was very different though. I hit a curb and tried to make it home on a flat. Cops followed me home and gave me a sobriety test. I failed because I am a klutz. They put my in cuffs and took me to the station. They breathlysed me and no alcohol. They asked me what meds I took and I didnt know my rights and just told them all the psyche meds I was on. They were sure I was under the influence and charged me with it anyway. Never arrested me, never mirandized me. I had to hire a lawyer who had to get me an independent expert to attest that these meds did not impair me. I was able to plead it down to careless driving but still lost my license for 30 days. Had my mom not gotten me this lawyer I know that the PD would not have done what this guy had done for me. Either way if its your first offense I wonder if you agree to go to AA meetings and the fact that you are sober now might give you some sort of credit that you are not a habitual offender. Is this your first one?

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CrystalGirlx
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Default Feb 23, 2019 at 07:14 PM
  #3
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Originally Posted by sarahsweets View Post
Are you using a public defender? I ask because unfortunately they are often bogged down with a lot of cases and do not always have the time to fight for you. My case was very different though. I hit a curb and tried to make it home on a flat. Cops followed me home and gave me a sobriety test. I failed because I am a klutz. They put my in cuffs and took me to the station. They breathlysed me and no alcohol. They asked me what meds I took and I didnt know my rights and just told them all the psyche meds I was on. They were sure I was under the influence and charged me with it anyway. Never arrested me, never mirandized me. I had to hire a lawyer who had to get me an independent expert to attest that these meds did not impair me. I was able to plead it down to careless driving but still lost my license for 30 days. Had my mom not gotten me this lawyer I know that the PD would not have done what this guy had done for me. Either way if its your first offense I wonder if you agree to go to AA meetings and the fact that you are sober now might give you some sort of credit that you are not a habitual offender. Is this your first one?

I do not have a public defender. My attorney was working on me getting 3 months, instead of the standard 7 months for my BAC due to trying to get my stop thrown out or something and he post poned it for another month to do more research and then well...died. I have no idea who this new guy is, and I am hoping that he can get me a good deal. Unfortunately when alcohol actually is involved, it is pretty cut and dry with what they sentence you for.

I get I made a mistake, but this is just getting ridiculously bad for me. It is my first offense thankfully.

I am in the process of leaving an abusive relationship. This has pretty much left me stuck income wise at a measly 10.50 an hour. I was hoping to be able to find higher paying work, but with no transportation I can't. I lost out on almost 2K dollars for the nurses aide program I couldn't take due to the upcoming suspension. They wouldn't refund me. I can't save much, I can't prepare a fund to help fight for my baby. I also am going to end up having to pay for an interlock and a surcharge on my license.

I know it's my fault but I just wish NJ had some sort of conditional license so people could drive to and from jobs or class. It should focus more on the rehab part rather than actually suspending someone. I see so many jobs on craigslist I could have applied for, but I just can't get to. I am grateful to at least have a job, but this has trapped me there for at least another year. If this had not have happened, I could have probably gotten hired before I was showing and landed a better job.
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Default Feb 23, 2019 at 09:04 PM
  #4
What’s a dwi? I heard of DUI...but not dwi...

Driving under the influence I did that once or twice but i was never caught. Maybe I should have been to learn my lesson. This may be lesson in order to learn sure it maybe an inconvenience for the licence to be taken away, but what if you got into a accident and killed someone? Would you still think it’s an inconvenience then?
Here driving records and criminal like records go hand in hand you are driving a 1/2 tonne vehicle that could kill you or someone else. While under the influence your senses are less alert and no matter how much you consume any drink or drug that impairs this penalty’s are in place to ensure others or yourself are not killed due to this. Because driving is privilege not a right.

This maybe something you didn’t want to hear. But I couldn’t scroll right past without reading and commenting.

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Default Feb 23, 2019 at 09:52 PM
  #5
Hey Crystal,

This is a really crappy situation and I am glad you have taken responsibility for your actions. I'm in Canada, so no idea how things work down there - is there ANY chance that with you being pregnant the judge will offer leniency and allow you to at least drive for work and medical appointments? Is there any chance your case can be heard before you deliver and maybe they can reduce it to 30 days? Again, I don't know...

I take drunk driving very seriously, but you've admitted fault and taken responsibility. I wish the courts could work with you and find something to drive the message home without destroying the potential life you could be building for yourself.

I guess all I can say is - I hope it works out for you. And I hope your lawyer pulls through pretty quick so you can put this behind you and get on with your life. I'm glad you're leaving an abusive relationship; you and your baby both deserve better.
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CrystalGirlx
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Default Feb 23, 2019 at 10:03 PM
  #6
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Originally Posted by piggy momma View Post
Hey Crystal,

This is a really crappy situation and I am glad you have taken responsibility for your actions. I'm in Canada, so no idea how things work down there - is there ANY chance that with you being pregnant the judge will offer leniency and allow you to at least drive for work and medical appointments? Is there any chance your case can be heard before you deliver and maybe they can reduce it to 30 days? Again, I don't know...

I take drunk driving very seriously, but you've admitted fault and taken responsibility. I wish the courts could work with you and find something to drive the message home without destroying the potential life you could be building for yourself.

I guess all I can say is - I hope it works out for you. And I hope your lawyer pulls through pretty quick so you can put this behind you and get on with your life. I'm glad you're leaving an abusive relationship; you and your baby both deserve better.
Thank you so much for not giving me the stock answer of "you should be glad you didn't hurt anyone". I am not apposed to being punished in the slightest, but I think to suspend driving privileges completely can make people's situations much worse and potentially increase negative behaviors in an offender. I am lucky to at least have my parents, I know one person who was mandated to attend 3x a week rehab sessions for several months...which are only offered in the main county which is over an hour away. He can't get there, he can't afford it...so he has no license. He is STILL driving. Had he have had a conditional license, he could have went to these appointments, been tested, and he would actually be LESS of a danger on the roads. Now, he's taking back roads & sneeking around which makes him more of a risk on the road.

Unfortunately I don't think I can get any wiggle room with getting transportation to doctors appointments. I have to just bum rides for them.

I haven't drank in months, and it just saddens me my baby is going to be born while I have no license. I feel like a failure. Even now if my case is heard my license will still be suspended by the time my baby is born. I hired an attorney in hopes I could get it knocked down to three months, instead of seven. But it is now still looking at seven. Had I just have plead guilty i'd have been due to get my license back soon. I could care less about the interlock, I actually agree with it. I think more time with an interlock would due people sentenced to a DWI some good. I am also not apposed to being evaluated, but what worries me is the area in which it happens. I don't feel safe going to this area. I wouldn't even be apposed to going into rehab, but again...the area.

Had it not been for the baby, I definitely would have benefited from being made to attend rehab. I actually thought about purposely asking for it at the time. However since I found out I was pregnant, I have not drank. I haven't had a drink since the beginning of November. I have to say I don't really crave it anymore. Also, seeing as I am going to have an infant to care for, even if I do drink at some point I would only be even able to have one or two while the kid is tucked in bed. I am not the type of person who would get plastered and neglect my child. The baby was my rehab!

Last edited by CrystalGirlx; Feb 23, 2019 at 10:30 PM..
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Default Feb 24, 2019 at 06:13 AM
  #7
I live in NJ and I know there was a bill presented recently that talked about conditional or work license for first time dui convictions. I didnt realize it hasnt past yet. I am in AA and while you would think I would be the person to come down all high and mighty on someone in your situation, that is not how I am. You can't sentence someone and include a suspension and levee all these fines against them, while taking away their ability to get to work or school. Personally I would try and meet with your lawyer and make sure there is nothing more that can be done. In my AA circles I have known people with high BAC's that haven't lost their licenses and this was after a second time. A lot of it has to do with the lawyers' relationship to the prosecutor and judge. There are mandatory punishments but judges still are allowed to use their judgement.

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Default Feb 24, 2019 at 07:20 AM
  #8
I'm so sorry you're going through all of this, CrystalGirlx I agree with all the others here on this thread. You've been given some great advice in this thread. I'd suggest to try to follow it if you can. Please don't be so hard on yourself. Mistakes can happen. You're trying to do your best to correct it, and that's what's important. I'm so sorry you're having so many inconveniences. I hope they will be able to cut you off some slack, especially since you're pregnant and you're going to have a baby to take care of. I'm glad you have a job at least. I'm so sorry, I wish I've had more advice to give to you. Unfortunately I'm not very knowledgeable about legal stuff. I hope you'll be able to get the help you need and deserve. I'm here for you if you need to talk about it. Stay strong, CrystalGirlx. Stay safe and take care of yourself. I'm so sorry, I know it's hard. Please don't give up. I hope things will get better soon for you. Is there anything we can do to help you? Please let us know. Remember that we're here for you if you need it. Feel free to PM me anytime. Let me know if I can do something to help you. Wish you good luck! Let us know how it goes. I'm so sorry you have to deal with this
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