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Spouse's DWI
Posted by: Questioner ()
Date: January 29, 2015 12:42AM

My spouse was convicted of a DUI - first time offense. The attorney we hired left much to be desired; the case should have been thrown out. We were unprepared and the trial was over before we knew what happened.

We are appealing now and will seek new counsel. My question: how much of
disadvantage are we at since we are now being heard on appeal? And should we seek a certain kind of attorney given that we are appealing, and it's not the first time the case is being heard? If resources are not a concern, who is the best?

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Re: Spouse's DWI
Posted by: Not an attorney but ()
Date: January 29, 2015 12:59AM

Questioner Wrote:
-------------------------------------------------------
> My spouse was convicted of a DUI - first time
> offense. The attorney we hired left much to be
> desired; the case should have been thrown out. We
> were unprepared and the trial was over before we
> knew what happened.
>
> We are appealing now and will seek new counsel. My
> question: how much of
> disadvantage are we at since we are now being
> heard on appeal? And should we seek a certain kind
> of attorney given that we are appealing, and it's
> not the first time the case is being heard? If
> resources are not a concern, who is the best?


As I understand it, an appeal deals only with points relevant to proper conduct of the prior trial and the legal basis for the decision. It's not a re-trial or re-hash of the evidence. So on that basis I'd think that you likely are looking for someone different versus the typical DWI attorney.

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Re: Spouse's DWI
Posted by: Questioner ()
Date: January 29, 2015 01:17AM

Not an attorney but Wrote:
-------------------------------------------------------
>
> As I understand it, an appeal deals only with
> points relevant to proper conduct of the prior
> trial and the legal basis for the decision. It's
> not a re-trial or re-hash of the evidence. So on
> that basis I'd think that you likely are looking
> for someone different versus the typical DWI
> attorney.

Thank you for this. The attorney did not present all the evidence available as he was certain the case would be thrown out on the stop. He planned on a continuance if a trial was necessary, so we could formulate a defense. He was unable to attain a dismissal or continuance so the case was heard without any real preparation. If we can't present new information, there is a definite problem. Any recommendations on dwi/dui attorneys who specialize in appeal cases?

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Re: Spouse's DWI
Posted by: WOW!!! ()
Date: January 29, 2015 07:34AM

So your spouse was drinking and driving and doesn't want to pay the consequences and tried to save money by hiring a cut-rate hack for an attorney! You are lucky your spouse did not kill someone! Everyday we hear about hit and runs where the intoxicated driver maims or kills someone and leaves the scene. The cop did not have to witness a traffic infraction to pull your spouse over! The cop only had to observe any behaviour no matter how minor, that would indicate the driver is likely impaired. I have no sympathy for your spouse who is a pathetic execuse for a human being. What number DWI is this for your spouse? Hopefully, your spouse will wind up serving jail time, in addition to losing their license! Maybe they will think before they get behind the wheel next time!

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Re: Spouse's DWI
Posted by: 9UHL4 ()
Date: January 29, 2015 08:00AM

WOW!!! Wrote:
-------------------------------------------------------
> What number DWI is this for your spouse?

Is it not how many DWI arrests/convictions that count, it is how frequently does this person drive impaired? Just because this person was not caught before does not mean they have taken multiple chances before.

In this day and age where it is pretty clear that DWI is not tolerated, you should not even consider putting yourself in the position of getting behind the wheel after drinking.

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Re: Spouse's DWI
Posted by: Appeal ()
Date: January 29, 2015 09:16AM

An appeal for the GDC to the Circuit Court is an appeal de novo- meaning "as new." It doesn't just examine what went wrong in the GDC case. Since General District Courts are not "courts of record" the appeal to the court of record- the Circuit Court- is a brand new case, and anything that happened in the GDC doesn't matter. Look around for a new lawyer: the best thing I can think of to tell you is don't go for the cheapest or the most expensive, go for the one you feel best with who is experienced. You probably got a ton of letters from lawyers who want your business when your spouse was first arrested. You could try there first, but don't limit your self to those. A key indicator for me would be someone who takes a little time to explain the whole process to you, and doesn't just leap to the fee first.

Most first time DUI offenders are offerred a plea: ususally results in a fine (with some it is suspended), a jail sentence (if the BAC was under .15, all of it would be suspended), a one year license suspension (but the offender usually can get a restricted license to drive to and from work/school, but they will have to use an interlock device), and ASAP class. If you don't complete the class, drive outside the restrictions, blow into the interlock with alcohol on your breath, or violate the law some other way within the year after the conviction, you will have to worry about the suspended jail time and fine.

There are quite a few defenses to DUI: ususally centered around how the officer followed the rules (reasonable suspicion to stop the car in the first place, how the blow was done at the jail and issues around the validity of the machine in the first place.) A good DUI attorney knows his/her stuff about all of these issues and should be able to give you a brief outline about how all of those work. Lately, it is possible to easily obtain the video (if there is one) of the stop and field soberity tests, so look for that as well.

Good Luck

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Re: Spouse's DWI
Posted by: Lawyer/Cop ()
Date: January 29, 2015 09:24AM

Search the ABA to find the counsel you need, and bring a basket of cash.

Good Luck, and keep her sober.

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Re: Spouse's DWI
Posted by: Judge and Jury ()
Date: January 29, 2015 09:37AM

WOW!!! Wrote:
-------------------------------------------------------
> So your spouse was drinking and driving and
> doesn't want to pay the consequences and tried to
> save money by hiring a cut-rate hack for an
> attorney! You are lucky your spouse did not kill
> someone! Everyday we hear about hit and runs
> where the intoxicated driver maims or kills
> someone and leaves the scene. The cop did not
> have to witness a traffic infraction to pull your
> spouse over! The cop only had to observe any
> behaviour no matter how minor, that would indicate
> the driver is likely impaired. I have no
> sympathy for your spouse who is a pathetic execuse
> for a human being. What number DWI is this for
> your spouse? Hopefully, your spouse will wind up
> serving jail time, in addition to losing their
> license! Maybe they will think before they get
> behind the wheel next time!

How do you know the person was drinking? You have no facts on the case? What if the spouse hadn't been drinking and the cop just observed what he thought was alcohol or drugs related driving?

Way to judge without knowing any facts. I hope you get a false DUI charge!

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Re: Spouse's DWI
Posted by: TrollFeederFromGoogleUniversity ()
Date: January 29, 2015 09:42AM

Maybe this is irrelevant as this case didn't happen in NOVA, or could it be that it does matter because it shows evidence of hypocrisy, favoritism, corruption, and a general lack of enforcing laws for certain people? Christy Vance ran over a pedestrian and killed her while under the influence. Not her first offense. No punishment from the law. And she is still using and driving.But WHY?
http://m.wlwt.com/news/Woman-dies-after-being-struck-by-vehicle/15222734
http://m.topix.com/forum/state/ky/TPBM2VG3QKP38R34M
https://m.facebook.com/pages/Justice-for-Brooke-Chance/132979086883134
https://www.change.org/p/boone-county-commonwealth-attorney-s-office-press-charges-for-the-vehicular-homicide-of-brooke-chance
http://www.boonecountyky.org/so/PressReleases/Archives/2012062301/default.aspx

DON'T DRINK OR USE DRUGS AND DRIVE, PEOPLE. EVEN IF YOU GET AWAY WITH IT YOU MIGHT KILL AN INNOCENT BYSTANDER OR ANOTHER DRIVER!!!!!!!!!

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Re: Spouse's DWI
Posted by: bbbeeker ()
Date: January 29, 2015 11:57AM

humor me some more please.....have fun in the ADC chump hahahahah

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Re: Spouse's DWI
Posted by: Melinda Fan ()
Date: January 29, 2015 12:31PM

Is your wife's name Melinda Ardinger?

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Re: Spouse's DWI
Posted by: LW4Nk ()
Date: January 29, 2015 12:39PM

Questioner Wrote:
-------------------------------------------------------
> My spouse was convicted of a DUI - first time
> offense. The attorney we hired left much to be
> desired; the case should have been thrown out. We
> were unprepared and the trial was over before we
> knew what happened.
>
> We are appealing now and will seek new counsel. My
> question: how much of
> disadvantage are we at since we are now being
> heard on appeal? And should we seek a certain kind
> of attorney given that we are appealing, and it's
> not the first time the case is being heard? If
> resources are not a concern, who is the best?

you can only appeal on legal error by the judge - ie a lack of legal process or a ruling which is unconstitutional - possibly one that favors the county legal position

or appeal if new evidence arises the judge admits

or appeal if one got huge damages and there had been no warning this could occur (but they do warn, it's about the only thing they ever do right these days)

in general appeals are NOT allowed

-------------------------
in early roman law, equity law (until recently the United States Supreme Court was a court of Equity)

any case could be re-opened if the judge agreed

the tradition was that another judge re-opening must get permission from the ruling judge (or be subject to repercussion for overruling a sitting judge)

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Re: Spouse's DWI
Posted by: Vudtm ()
Date: January 29, 2015 12:42PM

also in older equity law. and when civilians took turns voting on constitutional matters (a true athenian democracy has no congressman, citizens vote after drawing straws who's turn it is to vote)

the penalty for civilians voting in court or government for their personal profit (biased) instead of for the sake of law and the town ....

the penalty for that abuse: death

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Re: Spouse's DWI
Posted by: TwerksALot ()
Date: January 29, 2015 01:18PM

MY SIL got a DUI, you were dumb not to lawyer up to begin with. She and all her Tech friends have gotten DUIs and gotten off with lawyers. (the breath alcohol can't be too high over the limit, like if you are double the limit, good luck...) well anyway if it's not too high these lawyers know loopholes and the prosecution basically has to prove you were drinking that actual day and it wasn't residual from the night before. Like following you out of the bar or having eyewitnesses that saw you staggering around.

I don't know what you are going to do now, sorry!

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Re: Spouse's DWI
Posted by: Legal Warning ()
Date: January 29, 2015 01:49PM

If your spouse was convicted in a General District Court in Virginia, she can appeal by right to the Circuit Court. If she does so, she is entitled to a new trial. Statements made by either your wife or the officer in the General District Court trial can be used as evidence in the Circuit Court trial, but the judge's findings of fact cannot.

Your wife may have the right to appeal her conviction to the Circuit Court. It might not be prudent to do so. If convicted the judge or jury in the Circuit Court isn't limited by the sentence imposed in the General District Court. They can impose any sentence permitted by law. My guess is that your typical General District Court judge who sees over 100 DWIs per year is more likely to be lenient on driving with an elevated BAC than your typical Circuit Court judge or jury.

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Re: Spouse's DWI
Posted by: Questioner ()
Date: January 29, 2015 05:56PM

Thank you for the advice.

Is it sufficient to find someone who specializes in DUI's, or should I seek someone who specifically works on appeals/appellate law?

We had a good case, but chose an attorney wrongly. I realize I obviously didn't know the right questions to ask. What questions should I ask? Is is appropriate to as how many DUI cases they have been appeal, as well as how many they have won?

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Re: Spouse's DWI
Posted by: Appeal ()
Date: January 29, 2015 06:36PM

You need someone who knows DUIs. An appellate lawyer would be completely useless. As I said before, GDC is a court "not of record." You have a constitutional right to a trial by jury on this offense, and that can only occur in a court of record (you can, and most people do in these cases, waive jury.) The Circuit Court case is a NEW TRIAL, as if the trial in GDC NEVER HAPPENED (that's what Virginia Code and the case law says.) GDCs were established long ago as a way to speed up the court process. But, they are not meant to be the only stop. You get a trial there, then you can "appeal" to Circuit Court for a NEW trial if you lose, on any offense for which your liberty is at stake (that means any offense for which you can go to jail.) It is not an "appeal" in the sense that the faults of the trial in GDC are re-visited. It is A NEW TRIAL, as if the GDC never happened. Now, if you lose in the Circuit Court, then you need grounds for an appeal to the next level, the Virginia Court of Appeals, then the Virginia Supreme Court, and then, if there are questions about the conviction that implicate the US Constitution, the US Supreme Court (which probably won't hear the case. They don't have to, and they reject most appeals anyway.)

I know you feel like you were burned by your first lawyer. You are going to need to find one soon that you can live with, because you won't get any sleep until you do.

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Re: Spouse's DWI
Posted by: Questioner ()
Date: January 29, 2015 08:12PM

Appeal Wrote:
-------------------------------------------------------
> You need someone who knows DUIs. An appellate
> lawyer would be completely useless. As I said
> before, GDC is a court "not of record." You have a
> constitutional right to a trial by jury on this
> offense, and that can only occur in a court of
> record (you can, and most people do in these
> cases, waive jury.) The Circuit Court case is a
> NEW TRIAL, as if the trial in GDC NEVER HAPPENED
> (that's what Virginia Code and the case law says.)
> GDCs were established long ago as a way to speed
> up the court process. But, they are not meant to
> be the only stop. You get a trial there, then you
> can "appeal" to Circuit Court for a NEW trial if
> you lose, on any offense for which your liberty is
> at stake (that means any offense for which you can
> go to jail.) It is not an "appeal" in the sense
> that the faults of the trial in GDC are
> re-visited. It is A NEW TRIAL, as if the GDC never
> happened. Now, if you lose in the Circuit Court,
> then you need grounds for an appeal to the next
> level, the Virginia Court of Appeals, then the
> Virginia Supreme Court, and then, if there are
> questions about the conviction that implicate the
> US Constitution, the US Supreme Court (which
> probably won't hear the case. They don't have to,
> and they reject most appeals anyway.)
>
> I know you feel like you were burned by your first
> lawyer. You are going to need to find one soon
> that you can live with, because you won't get any
> sleep until you do.

Thank you for your kindness and advice. Your explanation was very helpful. You are absolutely correct and very intuitive; I feel burned and won't get any sleep until I find a new attorney. I'm certain, after some investigation, that the attorney was not behaving ethically.

I'm glad you mentioned an appellate attorney being useless, I would have found an appellate attorney instead of a DUI attorney thinking an appeal necessitated someone with appeal experience. What can I ask to be sure that the person I find is experienced enough? It seems the person we used is very well known, but not particularly for DWIs. I'm not sure what to ask, other than to go on instinct and common sense as you advised. Any specific things I can ask? Or sources for names?

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Re: Spouse's DWI
Posted by: another questioner ()
Date: January 29, 2015 10:49PM

Who was the lawyer that was no good?

I just got a Class 1 misdemeanor rap and have hired an attorney. I hope it ain't your spouse's lawyer

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Re: Spouse's DWI
Posted by: Appeal ()
Date: January 30, 2015 02:33PM

Questioner: I could give you names of people to talk to, but you really need to find one on your own because you need to live with your choice. Did you get the letters that many attorneys send out? If you still have them, start by calling them. If some charge consultation fees, pay it and sit down with them and talk about your case. Don't get suckered in by a good sales pitch, make sure that you talk to at least 4-8 different attorneys and get a feel for whether you feel you can trust them. You've got some experience with this now and I'm sure you can think back to that to determine which warning signs to look for. For full disclosure: I am an attorney, and I handle DUIs in Fairfax and other places, but not as much as I do other kinds of work. No, I won't take your case. I don't get on here to look for clients and it isn't fair to talk my way into a job when you are in crisis mode.

That's really the crux of the problem in some ways. Those letters you got (and I don't send out letters like that) and the facts of the arrest create a sense of crisis that doesn't really exist. You do need to find a lawyer, and you need to pay attention to the search now, but don't get so caught up in the immediate crisis so much that it clouds your judgment. Think of it like hiring a contractor to fix your house, or like buying a car, or like any other big decision. You do have to do it with some speed, but not so much that you pick the first smooth-talking lawyer you run into. After all, all lawyers are trained in how to talk to people and convince them that they are right.

In some ways, you need to let go of the feeling that your first lawyer was unethical, or somehow lost your case for you. You need to be able to put that aside enough to deal with your next lawyer.

Here's some things to look for: 1.) how much is the fee? By now, you probably have a good idea of how much this should cost. Throw out the 2 lowest bidders, and the 2 highest and go for someone who is the middle of the road when it comes to fees. One thing that indicates to me is that the lawyer is around enough other lawyers to know what the market will bear in pricing, and that demonstrates some familiarity with the market (and hence, the other lawyers); 2.) How long have they been practing? Sometimes, the newbie lawyer is going to better than the guy who has been around for 20 years because the newbie has to be to compete with the experience, so experience is a factor, but not the only one. 3.) Watch for the sales pitch: how does the lawyer emphasize his past experience? If he tells you within the first 2 minutes that he's a former (fill in the blank), run. Always remember that past sucess is not a gaurantee of future results. 4.) THE MOST IMPORTANT: how well do you get along with the lawyer? You may not always be happy with the situation you are in, and you'll never be happy with everything he/she tells you, but the fact that he/she tells you what you don't want to hear is important. While you may not like what is happening, you should know everything that is happening and why.

Really, it's time to get on the phone, call some different lawyers, make some appointments, and start your interviews.

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do you want to stop your husband for drinking call (+2347067154021) dr omoadona for help
Posted by: Karen Lola ()
Date: January 30, 2015 03:19PM

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Re: Spouse's DWI
Posted by: Questioner ()
Date: March 25, 2015 06:06PM

@Twerksalot and @Appeal

I know neither of you offered names, but after having met with several attorneys, we have yet to find one who is a good fit. Time is now of the essence. Any names would be greatly appreciated. Cost is not an issue. If anyone can recommend *the* best person for a DUI, I would greatly appreciate it.

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Re: Spouse's DWI
Posted by: Questioner ()
Date: March 25, 2015 06:14PM

TwerksALot Wrote:
-------------------------------------------------------
> MY SIL got a DUI, you were dumb not to lawyer up
> to begin with. She and all her Tech friends have
> gotten DUIs and gotten off with lawyers. (the
> breath alcohol can't be too high over the limit,
> like if you are double the limit, good luck...)
> well anyway if it's not too high these lawyers
> know loopholes and the prosecution basically has
> to prove you were drinking that actual day and it
> wasn't residual from the night before. Like
> following you out of the bar or having
> eyewitnesses that saw you staggering around.
>
> I don't know what you are going to do now, sorry!


Name of attorney?

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Re: Spouse's DWI
Posted by: Optionforyou ()
Date: March 25, 2015 06:51PM

I love my lawyer but like you said, meet and see if its a match. Edward ReBrook

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Re: Spouse's DWI
Posted by: UBER! ()
Date: March 25, 2015 07:22PM

UBER!

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Re: Spouse's DWI
Posted by: hXPht ()
Date: March 25, 2015 08:42PM


ah. the cultured way to get rid of you wife.

buy her lots of fine wine!


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Re: Spouse's DWI
Posted by: cu9X9 ()
Date: March 25, 2015 08:45PM

hey honey try this it's awesome !
Attachments:
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Re: Spouse's DWI
Posted by: tnHN4 ()
Date: March 25, 2015 08:45PM

.
Attachments:
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Re: Spouse's DWI
Posted by: tGvGm ()
Date: March 25, 2015 08:52PM

.
Attachments:
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Re: Spouse's DWI
Posted by: VvWTc ()
Date: March 25, 2015 08:53PM

.
Attachments:
img2.jpg

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Re: Spouse's DWI
Posted by: HpTvt ()
Date: March 25, 2015 08:53PM

.
Attachments:
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Re: Spouse's DWI
Posted by: TNmTM ()
Date: March 25, 2015 08:54PM

drink dear drink. you know i got you that cognac because you've been so stressed lately !

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Re: Spouse's DWI
Posted by: aa meeting ()
Date: March 26, 2015 07:47AM

OP good luck on your court case. On another note please understand that your spouse has a serious drinking problem. The odds are he/she drinks and drives a lot. Perhaps every day. 30% of the population does not drink at all; the next 40% drink less than 3 drinks per Week. You cannot get a dui drinking 3 drinks a week. That logically puts your spouse in the top 30%.

The top 20% of people drink 16-75 drinks per week - thats your spouse. If you cannot control drinking so as not to drive while intoxicated you have a problem. Period. Go to some AA meetings alone or with your spouse and listen to the stories. You know the meaning of legal problems with just one dui, wait till they hurt someone else, get arrested or just plain kill themselves from organ damage or suicide.

Ask your lawyer if he knows where the nearest aa meeting is held.

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Re: Spouse's DWI
Posted by: 4th Grader ()
Date: March 26, 2015 07:54AM

LW4Nk Wrote:
-------------------------------------------------------

>
> you can only appeal on legal error by the judge -

This, and most everything you write, is wrong, Eesh.

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Re: Spouse's DWI
Posted by: Appeal ()
Date: March 26, 2015 06:57PM

Matt Kensky, Todd Zinocola, Alberto Salvado, Patrick Blanch, Mike Sprano, Tom Walsh or Mark Pertovich, Liz Toumy, Corrine Magee, Burke Beale, Paul McGlone, Andrew Elders, John Keats, Ed Nuttal, Kelly Sprissler, Jenna Sands, Tom Koerner, Carlos Wall, John Phillips, Scott Surovall, Joe Thelin, David Bernhard

Various degrees of experience, there should be some variation in costs, all have different personalities. Some used to be prosecutors, some were not. This should be a good mix to finish your search. That court date can't be all that far away...

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Re: Spouse's DWI
Posted by: Questioner ()
Date: March 27, 2015 01:42PM

aa meeting Wrote:
-------------------------------------------------------
> OP good luck on your court case. On another note
> please understand that your spouse has a serious
> drinking problem. The odds are he/she drinks and
> drives a lot. Perhaps every day. 30% of the
> population does not drink at all; the next 40%
> drink less than 3 drinks per Week. You cannot get
> a dui drinking 3 drinks a week. That logically
> puts your spouse in the top 30%.
>
> The top 20% of people drink 16-75 drinks per week
> - thats your spouse. If you cannot control
> drinking so as not to drive while intoxicated you
> have a problem. Period. Go to some AA meetings
> alone or with your spouse and listen to the
> stories. You know the meaning of legal problems
> with just one dui, wait till they hurt someone
> else, get arrested or just plain kill themselves
> from organ damage or suicide.
>
> Ask your lawyer if he knows where the nearest aa
> meeting is held.

Thanks for the concern. I even appreciate the mockery, as it is a serious issue. To be clear, spouse is in treatment. Just because I want to avoid legal consequences, doesn't mean that I'm not exerting my own.

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Re: Spouse's DWI
Posted by: Questioner ()
Date: March 27, 2015 01:45PM

Appeal Wrote:
-------------------------------------------------------
> Matt Kensky, Todd Zinocola, Alberto Salvado,
> Patrick Blanch, Mike Sprano, Tom Walsh or Mark
> Pertovich, Liz Toumy, Corrine Magee, Burke Beale,
> Paul McGlone, Andrew Elders, John Keats, Ed
> Nuttal, Kelly Sprissler, Jenna Sands, Tom Koerner,
> Carlos Wall, John Phillips, Scott Surovall, Joe
> Thelin, David Bernhard
>
> Various degrees of experience, there should be
> some variation in costs, all have different
> personalities. Some used to be prosecutors, some
> were not. This should be a good mix to finish your
> search. That court date can't be all that far
> away...


Thank you so much. This is immensely helpful. I did speak to two of these attorneys, but they were not the right fit. Despite a number of inquiries, I didn't know who else to try. I appreciate the names.

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Re: Spouse's DWI
Posted by: GtTFY ()
Date: March 27, 2015 07:20PM

Thanks for the concern. I even appreciate the mockery, as it is a serious issue

------------------------------------
which is why you chose an internet blog to discuss it on

i see your point

your a fucking liar

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Re: Spouse's DWI
Posted by: bJJKP ()
Date: March 27, 2015 07:22PM


their are some town in the usa with poor people that have gotten on the order of 25 DUI- - who were not bullied or long imprisoned or forced to pay more than a turnip could afford



dont forget i don't know it. dick cheese.
.

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Re: Spouse's DWI
Posted by: nchuj ()
Date: March 27, 2015 07:33PM

on one hand you have the future of needlessly crashing the future of many who make a mistake - some who are valuable. (not to fx co gov - they only hire relatives and hate "made in usa" anyway)

on the other you have a high probability of costly damaged chatels and a moderate chance of injury

--------------------------
i would differ greatly on a facist view. the facist view is: unfairly charge high court fees and penalties, auction the fuckers house and car. let them die who cares.

but what is a good way? problem is if you have a cronic drunk who lives in a sub urban are about the only resolution is to move them to a completely urban one (where no one drives)

----------------
you cannot convice a horse to drink water , it must play itself out or be resolved

how it is better tolerated: to make a pandemic indictment of all with alcohol on their breath - or to tolerate "danger" until some happening causes a right to resolve by "transplanting" the person

jailing ... paying tax money (profitting local political families) is always a bad solution. except for crime. blood spilled with motive. and to me: a billion dollars "missing" spills blood and has a motive.

let's agree to totaly disagree. because i don't give a crap if you disagree.
.

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Re: Spouse's DWI
Posted by: hDvkE ()
Date: March 27, 2015 07:43PM

we then note the fed/va/county continually lower the blood level to ensnare more people. there was no data to suggest they should all be grouped in "DUI same offense - criminal, GDC". but they don't care they are only seeking excuses to persecute and steal.

when is it better to have criminal indictment of those who did no harm and are good people. this is arguably a bill of attainder - penalizing all where no injury was caused - and not to make the roads safer ... for allowing corrupt county gov parliaments to concoct schemes.

===================

is it better to have criminal indictment of all ?

or to take a little risk walking out the door ?


would you rather be harassed and fear every moment of life that a gov worker may concoct to "set you up for a fall" or take advantage of a (tiny) error?

or fuck that. life is better with a little risk and more pleasant civility about errors.

WHICH ?


Options: ReplyQuote
Re: Spouse's DWI
Posted by: BoredonBreak ()
Date: March 29, 2015 10:42AM

My view is your wife should have to go to jail and learn her lesson. Do not cheat on her when she is in jail that would be illegal and you will have to go to jail too.

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Re: Spouse's DWI
Posted by: Arnie ()
Date: March 29, 2015 04:04PM

It is a well known fact that winning most any appeal in the case of Virginia is next to impossible. My attorney told me that in a case a few years ago. Judges here are also crooked a have a full docket and decide which cases they want to hear and others they just have their stooge clerks take care of out of the court system.

A lot of attorneys who take these DUI or reckless driving cases sometimes go to court with 4 at a time. They couldn't GAF-ck.

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Re: Spouse's DWI
Posted by: not a word of mockery ()
Date: March 29, 2015 06:11PM

Questioner Wrote:
-------------------------------------------------------
> aa meeting Wrote:
> --------------------------------------------------
> -----
> > OP good luck on your court case. On another
> note
> > please understand that your spouse has a
> serious
> > drinking problem. The odds are he/she drinks
> and
> > drives a lot. Perhaps every day. 30% of the
> > population does not drink at all; the next 40%
> > drink less than 3 drinks per Week. You cannot
> get
> > a dui drinking 3 drinks a week. That logically
> > puts your spouse in the top 30%.
> >
> > The top 20% of people drink 16-75 drinks per
> week
> > - thats your spouse. If you cannot control
> > drinking so as not to drive while intoxicated
> you
> > have a problem. Period. Go to some AA
> meetings
> > alone or with your spouse and listen to the
> > stories. You know the meaning of legal
> problems
> > with just one dui, wait till they hurt someone
> > else, get arrested or just plain kill
> themselves
> > from organ damage or suicide.
> >
> > Ask your lawyer if he knows where the nearest
> aa
> > meeting is held.
>
> Thanks for the concern. I even appreciate the
> mockery, as it is a serious issue. To be clear,
> spouse is in treatment. Just because I want to
> avoid legal consequences, doesn't mean that I'm
> not exerting my own.

There was not a word of mockery in my post - Im sorry you took it as such. Im very glad to hear your spouse is in treatment. Go to an open AA meeting or Alanon meeting and you will know my comments were not anything but factual. Alcoholism kills in lots of ways and untreated it always is fatal.

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Re: Spouse's DWI
Posted by: a serious answer ()
Date: March 29, 2015 07:01PM

Your spouse should commit suicide before they kill an innocent person. But then again being raped in the jail shower is a pretty decent punishment for this scumbag.

Options: ReplyQuote
Re: Spouse's DWI
Posted by: Vv6p ()
Date: March 29, 2015 08:39PM

OP why not try Andi Geeloo?

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Re: Spouse's DWI
Posted by: vp7YL ()
Date: March 30, 2015 04:47PM

Only an idiot would come to FU for legal advice. They can hire whatever idiot lawyer this thread offers.

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Re: Spouse's DWI
Posted by: Questioner ()
Date: March 30, 2015 09:39PM

not a word of mockery Wrote:
-------------------------------------------------------
> Questioner Wrote:
> --------------------------------------------------
> -----
> > aa meeting Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > OP good luck on your court case. On another
> > note
> > > please understand that your spouse has a
> > serious
> > > drinking problem. The odds are he/she drinks
> > and
> > > drives a lot. Perhaps every day. 30% of the
> > > population does not drink at all; the next
> 40%
> > > drink less than 3 drinks per Week. You
> cannot
> > get
> > > a dui drinking 3 drinks a week. That
> logically
> > > puts your spouse in the top 30%.
> > >
> > > The top 20% of people drink 16-75 drinks per
> > week
> > > - thats your spouse. If you cannot control
> > > drinking so as not to drive while intoxicated
> > you
> > > have a problem. Period. Go to some AA
> > meetings
> > > alone or with your spouse and listen to the
> > > stories. You know the meaning of legal
> > problems
> > > with just one dui, wait till they hurt
> someone
> > > else, get arrested or just plain kill
> > themselves
> > > from organ damage or suicide.
> > >
> > > Ask your lawyer if he knows where the nearest
> > aa
> > > meeting is held.
> >
> > Thanks for the concern. I even appreciate the
> > mockery, as it is a serious issue. To be clear,
> > spouse is in treatment. Just because I want to
> > avoid legal consequences, doesn't mean that I'm
> > not exerting my own.
>
> There was not a word of mockery in my post - Im
> sorry you took it as such. Im very glad to hear
> your spouse is in treatment. Go to an open AA
> meeting or Alanon meeting and you will know my
> comments were not anything but factual.
> Alcoholism kills in lots of ways and untreated it
> always is fatal.

I'm sorry I wasn't clear. I appreciated your post and didn't take anything you said as mocking in tone. Your words are true, and a DUI is a serious wake up call. I (and my spouse) took it as such. When I referred to mockery, I was making a comment regarding all the responses I have received- not yours. Even the mocking comments (suggesting suicide, rape, or another drink) are good reminders of how serious of an issue drinking and driving is.

Options: ReplyQuote
Re: Spouse's DWI
Posted by: Questioner ()
Date: March 30, 2015 09:42PM

@Appeal
Thanks for the names. Met with two more of the people you suggested and feel we finally found one person we like. I *think* we are in good hands. Now, whatever the outcome I know we did what we could. Thank you for your help.

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Re: Spouse's DWI
Posted by: Just Wondering.. ()
Date: April 02, 2015 10:45AM

I am just wondering what you think your defense is in this case? You obviously have no legal training so how do YOU know what you THINK is a valid legal defense really is?

Was it something your first lawyer told you? The one you said did not do a good job. Or is it something you saw on TV or read on the internet? You maybe wasting your time and money all the way around.

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Re: Spouse's DWI
Posted by: Wy3hC ()
Date: April 02, 2015 12:27PM

Questioner Wrote:
-------------------------------------------------------
> not a word of mockery Wrote:
> --------------------------------------------------
> -----
> > Questioner Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > aa meeting Wrote:
> > >
> >
> --------------------------------------------------
>
> >
> > > -----
> > > > OP good luck on your court case. On
> another
> > > note
> > > > please understand that your spouse has a
> > > serious
> > > > drinking problem. The odds are he/she
> drinks
> > > and
> > > > drives a lot. Perhaps every day. 30% of
> the
> > > > population does not drink at all; the next
> > 40%
> > > > drink less than 3 drinks per Week. You
> > cannot
> > > get
> > > > a dui drinking 3 drinks a week. That
> > logically
> > > > puts your spouse in the top 30%.
> > > >
> > > > The top 20% of people drink 16-75 drinks
> per
> > > week
> > > > - thats your spouse. If you cannot control
> > > > drinking so as not to drive while
> intoxicated
> > > you
> > > > have a problem. Period. Go to some AA
> > > meetings
> > > > alone or with your spouse and listen to the
> > > > stories. You know the meaning of legal
> > > problems
> > > > with just one dui, wait till they hurt
> > someone
> > > > else, get arrested or just plain kill
> > > themselves
> > > > from organ damage or suicide.
> > > >
> > > > Ask your lawyer if he knows where the
> nearest
> > > aa
> > > > meeting is held.
> > >
> > > Thanks for the concern. I even appreciate the
> > > mockery, as it is a serious issue. To be
> clear,
> > > spouse is in treatment. Just because I want
> to
> > > avoid legal consequences, doesn't mean that
> I'm
> > > not exerting my own.
> >
> > There was not a word of mockery in my post - Im
> > sorry you took it as such. Im very glad to
> hear
> > your spouse is in treatment. Go to an open AA
> > meeting or Alanon meeting and you will know my
> > comments were not anything but factual.
> > Alcoholism kills in lots of ways and untreated
> it
> > always is fatal.
>
> I'm sorry I wasn't clear. I appreciated your post
> and didn't take anything you said as mocking in
> tone. Your words are true, and a DUI is a serious
> wake up call. I (and my spouse) took it as such.
> When I referred to mockery, I was making a comment
> regarding all the responses I have received- not
> yours. Even the mocking comments (suggesting
> suicide, rape, or another drink) are good
> reminders of how serious of an issue drinking and
> driving is.

No worries. This is a rough crowd. Much healing to be done in treatment. Make sure to get to some meetings there is a world of sobriety experience and support. Take what you like and leave the rest. Best of luck

Options: ReplyQuote
Re: Spouse's DWI
Posted by: Boss Hog ()
Date: April 02, 2015 02:37PM

If you still need a top flight attorney

DAN TRAVOSTINO 703-771-1081.

If he can't get you justice, then no one can!

I don't know why you think your case is special. The truth is-almost no one beats a dui. Even people who test 000 for alcohol and blood test for zero drugs get convicted and railroaded through ADS and ASAP.

It's all about a totally corrupt bunch of prosecutors, judges, and ffco board of supervisors exerting unconstitutional authority.

D.T. is a part time substitute ffco judge and he knows the corrupt system better than anyone. He got me out of something very serious at a higher cost, but very reasonable given the result.

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