My legal bills have exceeded $20,000

[manny78]

Fonz,

Here is the detailed explanaton:

Much, not all, of it is legal bills. I have also spent money on experts to file reports calling into question the viability of the results of different tests. There is a greater goal than just acquittal.

Consistency is obviously crucial to court cases. So much of what lawyers do is find case law from the same jurisdiction that favors them. Prosecutors do likewise. Establish a judicial precedent that supports you and you can win.

In the absence of precedent, (or statute) courts have to rule. This creates case law that establishes precedent.

By utilizing experts (even an engineer) I am hoping to create case law favorable to other DUI defendants. The court will hopefully have to rule on some of what I am doing. By forcing a trial, I force a ruling. If I plead out and accept a lesser charge, there is no case law created.

This could totally backfire. Any lawyer can tell you about "bad law" (especially in tort cases). This is where you create a precedent that may help you once, but hurts you more in the long run.

There is another potential problem: create a precedent too helpful, and the legislature will close the loophole when they see every defense attorney scurrying through it. Once that is done, precedent is worthless. One DUI example was the argument that being above the BAC did not mean you were drnk. Most states have statutes, called "per se" statutes, that state that if you are over the limit, you're impaired, period. (This was an early defense. The loophole has been closed)

So creation of documents is very important: wording, message, etc. This is part of the reason that everything is being done in a very methodical, detailed fashion.

if I do it right, I get acquitted and perhaps change policy.

So in other words, you're some kind of Mother Theresa who will spend his own money in order to create a precedent to help other people, unknown to you ?

Matt could you do something for me ? COuld you spend a week or two in Canada, walk in the streets with a concealed weapon, get arrested and then challenge our gun laws ?

 

[MattTheSkywalker]

Matt, of all the things to work on, I do not understand why you would work to improve the chances of DUI offendors. I see not many things more heinous and selfish than to be so unable to control yourself that you risk everyone else's life on the road because you couldn't find an alternative to drinking and driving.

If anything, I'd like to see DUI laws strengthened.

Frack,

DUI law is (no joke) one of the most complex areas of criminal law. The US Supreme Court has found DUI exceptions to both the 4th and 5th amendments to the constitution. Puzzling?

It is the only crime where if you "take the 5th", (by refusing the tests) your refusal to provide incriminating evidence can be mentioned at trial so as to arouse suspicion.

You also do not have a right to a lawyer before taking the field sobriety and breath tests. If you refuse the tests, most states have now created a "suspicion of DUI" charge. So you either testify against yourself by taking the tests, without right to a lawyer or you invoke a right explicitly stated in the constitution NOT testify against yourself, and get charged with a separate crime.

On top of that, most states have administrative procedures to take away your driver license even without a conviction. My license was seized at the scene of the arrest and I have to wait until May 16th to determine if I will get it back, suspension, how long, etc.

even if I get the case dismissed or get acquitted, my license is not reinstated. I have to go through another process on that.

The whole process is wrong and inconsistent. It needs to be changed. The crazy ladies at MADD have gone too far.

 

[manny78]

Frack,

DUI law is (no joke) one of the most complex areas of criminal law. The US Supreme Court has found DUI exceptions to both the 4th and 5th amendments to the constitution. Puzzling?

It is the only crime where if you "take the 5th", (by refusing the tests) your refusal to provide incriminating evidence can be mentioned at trial so as to arouse suspicion.

You also do not have a right to a lawyer before taking the field sobriety and breath tests. If you refuse the tests, most states have now created a "suspicion of DUI" charge. So you either testify against yourself by taking the tests, without right to a lawyer or you invoke a right explicitly stated in the constitution NOT testify against yourself, and get charged with a separate crime.

On top of that, most states have administrative procedures to take away your driver license even without a conviction. My license was seized at the scene of the arrest and I have to wait until May 16th to determine if I will get it back, suspension, how long, etc.

even if I get the case dismissed or get acquitted, my license is not reinstated. I have to go through another process on that.

The whole process is wrong and inconsistent. It needs to be changed. The crazy ladies at MADD have gone too far.

And why would someone refuse to take the test ? I mean it's kindda obvious, DUI laws create a presomption in some juridictions or at least creates a suspicion if you refuse. If you have nothing to hide, you shouldn't worry about that. ANyway, most Police dept./juridictions requires another test once at the detachment, since the one given on the road is worthless in a court of law.

Bro no offence, but you failed a test (i guess) and you're now trying to find loopholes everywhere in order to save your ass. In understand, it's our human nature but damn, as Warik said, pay your fine, hire a driver for the next 6 months and lay low...

 

[corvettedudeman]

even if you do get acquitted, your files will still be accessable even with expungement of your arrest... It will be erased from NCIC, but there are databases past NCIC done by independent companies for background checks... It does take the knowledge, time and money to go through these databases... But if you are going into politics they arent too hard to find.

 

[MattTheSkywalker]

And why would someone refuse to take the test ? I mean it's kindda obvious, DUI laws create a presomption in some juridictions or at least creates a suspicion if you refuse. If you have nothing to hide, you shouldn't worry about that. ANyway, most Police dept./juridictions requires another test once at the detachment, since the one given on the road is worthless in a court of law.

Bro no offence, but you failed a test (i guess) and you're now trying to find loopholes everywhere in order to save your ass. In understand, it's our human nature but damn, as Warik said, pay your fine, hire a driver for the next 6 months and lay low...

Manny,

That's a typical cop mentality and it is what I am seeking to oppose. I didn't "fail the test" at the roadside, if you truly must know. I was arrested anyway.

The "if you have nothing to hide it will be OK" way of thinking is diamtrically opposed to civil liberties.

You're not making sense. What do I need to be "saved" from? I'm not going to jail or anything.

 

[MattTheSkywalker]

Nice gesture, and attempt. But it's still gonna go down to just you and the judge. And if the judge just looks at all this as a thinly veiled excuse at throwing every paperwork on the planet towards him, it could backfire and he could throw the book right at you too.

It's kinda like when u get a speeding ticket, you can talk to the d.a. and plead guilty and try to for a lower fine. *OR* you can go for a court trial, do the whole 9 yards, and then be liable for even bigger fines *and* court costs. It's like a catch-22. Which is why most speeders opt to just plead guilty.

Also, many celebs here (with plenty of cash) have been charged with DUI's and i'm sure they've had lawyers up the ying-yang and still got the *same* punishment as your average joe in court.

Not trying to dissuade you, but that's a lot of moolah. $20,000 could pay for a LOT of limo rides every day to/from work!

-= nav =-

It's a jury trial. I have to lose before the judge does anything punitive. It;s not like a speeding ticket. This is a crime not a violation.

People much richer than I have gone through all of this as well. I dare say that few of them have the background and experience that I do to direct the handling of the case though.

 

[ariolanine]

Ariolanine,

you come to Jacksonville anytime brother. door's always open and I have guest rooms. Most airlines service the airport and I am 25 mins away.

Ayight. I just might be there.

 

[DBCooper]

Hope you get out of it free and clear, the american way-spend enough and get away from anything, let them cry over the system they created when you use it against them.

 

[KAYNE]

The expenses for preparing for my DUI trial have now exceeded $20,000. This is unusually high, but i want to use this experience to educate myself on the workings of teh criminal justice system.

SHIT MATT, IF YOU WANT TO EDUCATE YOURSELF ON THE CRIMINAL JUSTICE SYSTEM, JUST PAY TUITION FOR COLLEGE. DONT GO OUT AND GET YOURSELF A DUI AND PAY LEGAL EXPENSES. (JK)

 

[manny78]

Manny,

That's a typical cop mentality and it is what I am seeking to oppose. I didn't "fail the test" at the roadside, if you truly must know. I was arrested anyway.

The "if you have nothing to hide it will be OK" way of thinking is diamtrically opposed to civil liberties.

You're not making sense. What do I need to be "saved" from? I'm not going to jail or anything.

Matt,

for the 10000928276th time I'll repeat this for you: I've never worked as a street cop. Never, ever given a ticket so basically I dont feel liek this should apply to me.

Since you didn't fail the test, then OK, go in court and bring your arguments. But 20k$ ? It's way too much. I'm sure Citrus will agree on this. Bro you didn't kill anyone, nor scrapped someone's else car. No injuries too.

Also, did you pass a second test once at the police station ? It's usually a machine, the size of a VCR. That's one Courts of law prefer or accept.