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Other Related Topics >> Laws, Regulations, and Enforcement

Yeppers
Newbie


Reged: 04/17/04
Posts: 45
Loc: Somewhere Over the Rainbow
Re: Busted for possession...please help I'm scared
      05/14/04 06:16 AM

Quote:

Yeppers, reading this rather long and passionate thread, for what its worth, I have a few comments:

If you remember, I was one of the first members to reply to your original post. In my reply I recommended for you to get an attorney and not listen to what you see posted here because, I just had a feeling, most of it would just confuse rather then help you. If I was arrested for even my first DUI this would certainly NOT be the board I would go to for advise. Now, dozens of posts later, not to say I told you so, but....

As you may have seen in some of my other posts, very few have been more critical than I of how judgmental and righteous people can be on this board. It would be one thing if they really were trying to help people but all too often they post in a way that is just plain mean, not helpful.

Let's hope the recent e-mail from the board administrators clarifying their policy against this and threatening removals for violations will make these threads a little more civil and less judgmental. It’s sad it has to be forced....

That said, by placing a post on a board like this saying you just got arrested for your third DUI, knowing the sensitivity of DUI in general, well, let’s just say it was WAY too much of a temptation for the more vocal, and argumentative members of this board. I could see the inevitable nasty, righteous replies coming a mile away, hence my warning in the first place.

In any case, I sure don’t claim to know all the answers. So that’s why my original advise still stands. Mortgage the house if you have to, but get a good lawyer who maybe can also get you into a good treatment program as part of the deal. If nothing else it will look good to the judge. My guess you won’t have a choice anyway.

A third DUI, leaving moral issues aside and looking simply at the legal ramifications for you, is no matter to be treated lightly.





I do appreciate your candor.

I think what I neglected to think through thoroughly is that this group was not going to believe, no matter how I pled my case, about the DUI's.
If one were to come on this board and say they just got busted for the third time for pot in thier urine. But the second time the pot wasn't really thiers,they had only been 'around' it; I would rightfully be very leery to believe them.

I haven't stressed that my second DUI was purely bad luck, and was 7 years after the first. I was not drunk. I had drank 2 (less than really) little mini bottles of banana shcnaps. I passed all the roadside tests.I was arrested purely on the smell of alcohol and my eyes being red. I had driven for 12 + hours that day with a fifteen month old and fouteen year old in the car, as I was going camping.
It was 1 am when we finally found the camp site, I had the schaps and then made a milk run to the store. I was 10 miles from my desitination.
I was convicted soley on the fact that I refused the Breath test. This is a NC law that I did not know about. The officer did not even testify. I was stopped supposedly for doing 65 in a 60, even though my ticket said my speed was 60. The prosecutor was obviously 'rattled' going over my case in front of the judge and my attorney sucked. by the time it got to court I was pregnant with my last son and rather than risk a jury trial (where my first dui would be admitted in court) and jail time would have been mandatory, I took a first offense sentence.

It is a long drawn out story. But I can definitely see where most, not knowing me, will not believe me. Period.

So I take full responsibility for the first Dui when I was in my early 20's.I was a bartender, going through a divorce, and very depressed. It was a bad period of my life.

The second I will not claim guilt even if you hold my hand to an open flame.

I am torn on this third one. I DIDN'T THINK I was drunk. I had set a limit of drinks before I went out and stuck with it. I thought I was okay. Then again, alcohol is a sneaky little bugger and one cn be OKAY one minute and then NOT OKAY the next.
Obviuosly since I blew a .12 I was wrong. BUT that doesn't make me an alcoholic.
Alcohol has not caused me any problems in my life in 2 years (I know...probbly because I hadnt been drinking).
While I still think this officer made the decision to arrest me before I even got out of the car, and he threw the book at me, writing me for everything he could, I am seeing that the BAC is telling me that I did meake a huge mistake in judgement.
No I will not drink even one and drive again. BUT I don't know that I will never drink again. I'll have to really analyze that one.

I'm not sure if I posted all this officer wrote me for so I will do so now:

Possession of 2 Driver Licenses. (The state's PC's were screwed up and they sent me 2...didnt know this was illegal)

Crossing the Center line

DUI

Possession of a controlled substance

My attorney is tempted to have me go to magistrate court and plead guilty to the DUI since it is not written as a 3rd offense, and they can't charge me twice. However, there is little chance that will fly. As on my bail papers it does say DUI 3rd.

Also, I have given this a lot of thought. I have to apologize to any that I have offended. I DO see how this looks from the outside, and I also realize that not knowing me, you have no idea if I am drunk as i sit here and write this, or if I am just a Mom trying to get through.

I know 90% wil not belileve that I did not deserve my 2nd DUI and will argue that I still should not have driven Friday night, whether I thought I was railroaded the 2nd time or not. I can't do anything about that. I just wanted out of the house for a couple hours, and to be around adults that I could talk with! That's all I wanted! I was/am becoming like the woman on the comercial that repeats everything. You know, " want a huggy huggy", "give me a kissy kissy", etc. I am a SAHM and am with my children 24/7. They even shower with me!
I Know now I should have waited until the next night when my hubby would have been able to go with me.

FOR the record again....my hubby has said flat out, if I were to drink out of control again, the way I did in my early 20's. He's fine with me having a drink or 2 here and there, and agreed I could drink Friday night if I limited it to 2 to 3. Now with this DUI, we haven't discussed whether abstinance will be best.
As I said, I am getting the hydro off my back first.

Oh and as for that. The last 2 days are the first in a long, long time I have gotten out of bed in the a.m. and felt good. I feel so much better with the hydro out of my system. Thinking clearer, feeling more enrgetic and definitely feel like my old self. I am surprised that the depression is not as bad as I had tought it would be with the court charges and all.

So good luck to anyone else wanting to get off the hydro or even take a holiday. Even the pain that drives one to the hydro,(at least in my case) is much better. But I don't think the hydro had been helping the pain for a long while.

Please...let's turn this thread into a more positive thread. If nothing else, others can be warned NOT to carry our meds out of the prescription bottle!

--------------------
~I'll quit procrastinating tomorrow~
;P~
~Yeppers~

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* Busted for possession...please help I'm scared Yeppers 05/08/04 04:57 PM
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