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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26806
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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hello ..i paid for jack and i to ask some questions. here is

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hello ..i paid for jack and i to ask some questions. here is my question..i drove into a smoke shop last year around the 22nd of December. I wanted to take a left but it would have been illegal. an officer sat across the street facing me. i pulled out, and pulled down a side street...i tried to hurry and get out of the neighborhood because it wasn't letting me out right away. i then saw the officer, he pulled me over. i passed the side roads test. he breathlized me and no alcohol. i wasn't charged with anything and they towed my car. he arrested me and i did a piss test 2 hours later at some winebego that was stationed 3 blocks from my place. he searched me and found the incense and the two bubble pipes i just bought from the store. would it be stupid to forgo the entire process and say i am guilty, for relapsing? i was sober for 8 years. not that it matters, but my daughter was in great pain and i needed to get her spinal fusion. from t2 to L3...and i was turned down 7 times from the state for help. i had almost given up, i had tried shriner's hospital, and then the arrest, from that moment i decided to do whatever it takes to get her help. i worked two jobs and still do. my child went from 110 degree curve to 26 degree's missing 2 days a week of school because of the pain. I currently work for a chiropractor and my main job is working for a giant chain as a massage therapist. i have a pretrial conference on the 2nd and i have a public defender, whom i have never met or talked to. i paid thier 275.00 fee in full so i will not be in default. i have old charges back in 93- and 2 in 97 for D. U. I.s. I quit drinking in 2003. my charges are alcohol or drugs or vapor releasing substance impaired to the slightest degree a class one misdemeanor and a drug defined or its metabolite while driving another class one misdemeanor. i have never been charged with anything other than alcohol related. they are offereing 1 day in jail up to 10 days...please help. i hope my stupidity and weakness didn't cost me dearly. my main concern is my child. i feel like i have let her down. i will do whatever it takes to make things right, so please let me know your thoughts. thanks-d
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

The penalty for the OUI would be the same as for a DUI. Fortunately your cases are far enough apart in years that this can be prosecuted as your first OUI offense rather than your second or third.

The problem with your child is not an excuse to rely on a controlled substance, and if you have been sober for 8 years, you know that. In general, however, courts understand that people with dependences can relapse. It won't be enough to get your case dismissed, but it may be enough for your lawyer to be able to work something out where you'll be able to suspend the jail sentence if you are willing to get into some program or have some counseling.

When you show up on your court date, you'll be able to talk to your lawyer. Make it clear to him that you don't want your case called before you have an opportunity to sit down with him and talk, and then tell him how you feel about jail and see what else he can work out for you.

Good luck!
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