So this person I know (for real though. It's not me. We'll call her Shaquita) blew a .22, hit a couple parked cars and had an open container. Shaquita is a 1st time offender. Obviously Shaquita is fucked.

Lawyer we talked to wants $3500. The case is out of Hillsborough so we don't have many options. However, I know we could get someone cheaper.

Dude basically said she doesn't have a case, would need to go to some alcohol assistance programs, would get a breathalyzer in her car, etc. It seems to me we learned everything we needed to know by sitting down with him for an hour and he couldn't really do much else but show up in court for her.

Question for TWW is....Is this guy or any other cheaper private lawyer worth it? Shaquita qualifies for a public defender if that makes any difference.

Also, please spare me your comments about how terrible Shaquita is. Shaquita is an absolute sweetheart, a straight edge and a straight 'A' student who's going through a real tough and stressful time. She has unfortunately turned to drinking to help cope with it all. Obviously what she did was retarded but she's smart enough to learn from it.

5/9/2011 7:20:35 PM

only .22 and she's hitting parked cars? i'm guessing shaquita isn't the best driver sober...

5/9/2011 7:39:01 PM

^she

5/9/2011 8:30:06 PM

did the tough and stressful time in her life begin after this incident?

5/9/2011 8:37:20 PM

no

5/9/2011 8:43:16 PM

i hope the judge fries this cunt

5/9/2011 9:12:20 PM

being that drunk should count as temporarily insane. no way she could've made proper calls as to her ability to drive

I'm AstralAdvent and i approved this message.

5/9/2011 9:24:28 PM

From what I've heard if there's any way she will get out of this with just a class and device in her car then it will be $3500 well spent.

5/9/2011 9:27:31 PM

I hope that bitch never drives again.

5/9/2011 9:28:36 PM

sometimes these cases call for weekend prison stints for months. so if she can avoid that, lawyer up

5/9/2011 9:43:57 PM

Oh that Hitler? He killed 6 million Jews, but he's such a sweetheart

5/9/2011 9:50:52 PM

Shaquita was having too many white russians, I presume.

5/9/2011 9:52:44 PM

Quote :

"Also, please spare me your comments about how terrible Shaquita is."

i think it was probable that this would happen, but asking people not to just invites it

5/9/2011 9:59:31 PM

Asking people not to make comments about how terrible she is is the second miracle you're looking for in this thread.

5/9/2011 10:14:25 PM

hack-a-shaq?

5/9/2011 10:46:33 PM

Reading comp fail

[Edited on May 9, 2011 at 11:49 PM. Reason : my bad]

5/9/2011 11:49:03 PM

Avg DUI costs $10,000 or more....$3500 lawyer is money well spent.

5/10/2011 12:38:30 AM

Spend the money.

Get the lawyer.


Public Defenders are swamped as it is.

5/10/2011 12:55:56 AM

Yeah, $3500 is cheap for a DUI. I generally hear about $5000 is the going rate, depending on who you've got.

5/10/2011 3:20:06 AM

I don't know where Shaquita is, but in North Carolina, you have to pay for a public defender if you're found guilty. I mean, she doesn't have to pay if she doesn't want to--the state will just take the money out of your taxes. But it's not a free attorney if you did it.

5/10/2011 4:56:27 AM

Quote :

"Lawyer we talked to wants $3500. The case is out of Hillsborough so we don't have many options. However, I know we could get someone cheaper."

She needs to pay $5,000+ and get a reputable attorney that can actually do something for her. Although NC it's a tough as shit to get DUI's reduced (at least when the evidence is overwhelming, like with your dumb ass friend Shaquita)...it doesn't sound like her current attorney is even going to give it a shot.

$3,500 is dirt cheap. DUI attorneys almost never go below $3,000 unless it's a favor/friend/family.

And every time I see someone say, "he/she blew a X.XX" I keep saying to myself...WHY ARE YOU IDIOTS BLOWING!!! Don't blow kids...just don't.

5/10/2011 6:43:16 AM

^ for the record, James Crouch charges $1200 and will get you off.

just sayin

5/10/2011 8:53:56 AM

You have a real hard-on for James Crouch.

5/10/2011 9:01:37 AM

Quote :

"WHY ARE YOU IDIOTS BLOWING!!! Don't blow kids...just don't."

Any why is that? You blow, its a 30 day civil revocation; you don't, its 13 months. If it goes to trial, its not that hard to attack the administration of the chemical analysis than to have a flat out refusal where no chemical analysis was used.

Refuse, obtain a search warrant and now you lost your license for 13 months and there is a BAC.

5/10/2011 10:23:47 AM

I'm curious/ignorant to this type of stuff, why wouldn't you blow when pulled for drunk driving? From what I've heard, refusing to do so results in getting taken back to the station and having your license automatically suspended. I suppose its not as bad as getting a full on DUI right then and there and gives you a chance to lower your BAC

[Edited on May 10, 2011 at 10:27 AM. Reason : or ^]

5/10/2011 10:26:42 AM

the field test is to establish probable cause to arrest you; implied consent only applies to the test conducted downtown. however, if she's obviously drunk she doesn't need to blow to get arrested

5/10/2011 10:31:36 AM

Quote :

"field test"

Are you talking about an alcohol screening test device more commonly known as a portable breath test, etc? If that is the case, an officer is required to ask for a sample using an ASTD if a) moving violation + alcohol, b) crash + wreck and c) roadblock. An officer can ask for a sample if they can articulate that an implied consent offense is or has been committed but is not required.

There is no penalty for your refusal of an ASTD but in the scenarios where it is required, the fact of your refusal can me admitted into evidence. In either cases, only the (+) or (-) result can be admitted into evidence unless your defense lawyers asks for the result.

An good DWI investigator does not use the ASTD to get a "number" or "result." The ASTD should be used to determine that alcohol is the substance causing impairment.

5/10/2011 10:40:23 AM

Quote :

"for the record, James Crouch charges $1200 and will get you off."

where else can you get off for $1200. what a bargain!

5/10/2011 10:41:58 AM

See if you can find an attorney that is like married to the judges daughter or something...should not b hard in that county.

5/10/2011 10:44:55 AM

Its DWI

5/10/2011 11:07:15 AM

You don't blow because that's hard evidence against you in court.

Quote :

"Any why is that? You blow, its a 30 day civil revocation; you don't, its 13 months. If it goes to trial, its not that hard to attack the administration of the chemical analysis than to have a flat out refusal where no chemical analysis was used. "

You're a cop in NC right? I am in SC, so things can obviously be different...but it's a lot easier to argue against no concrete results (getting the BAC in the blood sample takes time and can go down significantly by the time it's taken) than attacking the administration of the chemical analysis...IMO and experience. (I've actually heard that NC has cracked down like crazy on DUI's...so I think it would be even more important to not blow).

I also recommend to not even take the field sobriety test. If you're significantly drunk, just tell them to cuff you and take you to jail. The hardest evidence they have against you are what you blow and what the patrol car camera has taken of you failing your field sobriety test.

A decent attorney will drag the court date and usually get the arresting officer and/or solicitor to agree to reduce it to something significantly less (reckless driving, etc)...you'll have to pay some money, takes some classes...but it's completely worth it in the long run when it comes to your insurance.

And yeah, you'll "lose" your license for 13 months...but you get a permit to drive it to work and get friends to drive you around for a little while. It's worth the alternative.

I'm obviously not an expert, but in my 3 years of practicing in SC, I've gotten 6 people out of DUIs, all didn't blow....and it was fairly easy.


I always tell my friends three things when they get pulled over and they're confident that they're over the limit. (1) don't blow, (2) refuse the field sobriety test, and (3) be as polite as you can to the office while saying as little as you can.

[Edited on May 10, 2011 at 12:28 PM. Reason : .]

5/10/2011 12:26:46 PM

how about shutting off the car, getting out of the car on the stop throwing the keys inside. and then chugging as much of a new 1/5 of vodka as you can in-front of the cop car. Pour out the rest.

5/10/2011 1:34:07 PM

While the Per Se limit in North Carolina is the easiest to prove and most commonly prosecuted, subject to an impairing substance can be just as easy.

And yes, from what I hear, SC is way different than NC as far as application of the law as well as search and seizure.

Quote :

"it's a lot easier to argue against no concrete results (getting the BAC in the blood sample takes time and can go down significantly by the time it's taken) "

To an extent, but in NC, the fact of your refusal is admissible and refusals, for the most part, are treated as a guilty. But I don't understand how you can argue the a blood sample and the elimination of alcohol (again it might just be your state).

But here, its pretty much judicial notice that alcohol dissipates at 0.0165 grams per 210/L and that while it does take time to get a blood sample (depending on time of day, weekend, etc), the courts here accept retrograde extrapolation (BAC @ sample time and BAC @ time of contact). We can also do a warrant less exemption without consent.

People might get pulled over and based on training and experience you pretty much rest assured, based on 0.0165 grams per 210/L that you can delay the test for hours and they will still have a BAC over the per se limit.

The punishments are bad in NC as long as you don't have any grossly aggravating factors or prior history.

Quote :

"how about shutting off the car, getting out of the car on the stop throwing the keys inside. and then chugging as much of a new 1/5 of vodka as you can in-front of the cop car. Pour out the rest."

Arrest and then warrant less blood draw based on exigent circumstances (the immediate consumption) and then introduce reverse retrograde (there is a technical term).

[Edited on May 10, 2011 at 1:54 PM. Reason : Second question]

5/10/2011 1:51:51 PM

Wont work at .22 but if you were borderline near .08 your probably going to have a problem with time frames and consumption and doing any reverse analysis.

Alcohol consumption and pick up rates into the blood are going to be heavily based on food consumed, body weight, on and on. If you had a good lawyer I venture to say you get off on the DUI.

You'll still get your car towed. Be arrested, and probalby get hit with a drunk and disorderly or at least a public intoxication.

[Edited on May 10, 2011 at 2:02 PM. Reason : dd]

5/10/2011 2:00:41 PM

I would get the lawyer but get one cheaper that is ridiculous especially to not really get off of much. As for blowing in NC I blew a .13 (was pulled for registration violation) cop gave me that ticket and let me call Zingo for a ride home....

5/10/2011 2:07:29 PM

I would say $3,500 for a DWI in district court is well on the high side. I charge a lot less than that and my fee includes a trial and any motions based on Reasonable Suspicion, Probable Cause, [i]Knoll, and [i]Myers. A fee of $3,500 might make sense if it's a DWI appeal to Superior Court for a jury trial.

I handle lots of DWIs and I'm a State grad ('05), so I'm glad to answer any questions y'all might have about DWIs. Feel free to contact contact me through my website: http://www.frickeylaw.com or by calling me: (919) 780-5808.

Mike Frickey

5/10/2011 2:48:43 PM

Call me crazy, but if I'm looking for a lawyer, pictures like this might steer me in another direction



Remember, anyone can find this, not just TWW'ers

[Edited on May 10, 2011 at 2:55 PM. Reason : x]

5/10/2011 2:55:02 PM

Haha. That pic was from my sophomore year of college! Damn, y'all are fast.

5/10/2011 3:03:24 PM

Frick is a good guy and he charges a very reasonable rate. (bonus he is a state grad) He handled some traffic stuff for me and took care of everything.

Give him a call and see if it works out for you.

5/10/2011 3:09:24 PM

Quote :

"I always tell my friends three things when they get pulled over and they're confident that they're over the limit."

Stop.
driving.
drunk.

5/10/2011 4:08:01 PM

EDGE BREAK

5/10/2011 4:13:21 PM

^^well yes, but every lawyer i have ever spoken to about this has told me the same 3 things. refuse both tests and keep your mouth shut.

[Edited on May 10, 2011 at 4:14 PM. Reason : .]

5/10/2011 4:14:06 PM

I don't know how you idiots do day to day tasks. There's so much idiot in here.

[Edited on May 10, 2011 at 10:42 PM. Reason : whats the point]

5/10/2011 10:38:08 PM

Isn't "hablamos espanol" bad grammar in spanish?

5/10/2011 10:46:43 PM

Quote :

"Asking people not to make comments about how terrible she is is the second miracle you're looking for in this thread."

5/10/2011 10:49:55 PM

It's not a big deal. I've just been weeding out the shitty comments. I fully expected a barage of douchey comments. I also bet that most of the people talking shit about Shaquita have driven over the legal limit at least once in their life. Maybe not .22 but definitely over .08.

Shaquita called a few other lawyers yesterday and their prices were comparable. She ended up talking the original lawyer down to $2000 based on the fact that she would have to plea anyway. He said that $3500 was a worst case scenario, however, he failed to mention that to Shaquita during his original talk with her. This guy was recommended by both James Crouch and Rick Gammon so she stuck with him.

5/11/2011 12:04:43 AM

Not sure what these people are saying, but with no priors, it's highly unlikely your friend will see any jail time. She'll be doing a lot of $$$ time, however. Because that's the only thing it's about, anyway, unless she seriously injured or fatally wounded someone...

5/11/2011 12:35:01 AM

Yes, I have a hard on for James because he has saved my ass and many others that I associate with. Offenses have been from the very minor to the very serious. I am not surprised they referred her back to the first guy; they seem to have a code about not taking another guys opportunity.

JBrick83, nc is a no plea state, meaning you can't argue down to a wet reckless or anything like that. You are either not guilty on the charges or are.

Restricted, brick is right about a few things: you can get your license back for limited hours and then again for regular hours during that 13 months so the punishment is lesser overall. Additionally, if you were really high up and don't blow you won't have the interlock and classes to deal with so overall time and expense is less too. I applaud you for looking out but they shouldn't blow.

5/11/2011 7:47:57 PM