Rain Graves ([info]diorling) wrote,
@ 2007-10-09 15:22:00
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Current mood: depressed
Current music:Folsom Prison Blues, Johnny Cash
Entry tags:trial

How Much It Costs to Fight a DUI and Lose
To get my lawyer take the initial case:$4,000.
To do the DMV trial: $500.
Bill from County for the cop to show up: $190.
Transcript of DMV hearing: $90.
Retainer to take to trial: $2500.
Expert Forensic Toxicologist Witness for ½ day: $850.

Court Fines/Costs: $1404.
Work Release Program costs: $75.
DUI classes ordered by the court: $750.

Total for a 1st offense DUI at .08 on the breathalyzer, with no prior record and clean DMV record: $10,359. Keep in mind, my lawyer was fetched at a significant discount through friends - normally an initial case would cost $6,000, and at least $5,000 to go to trial, plus more in between.

This does not include what it will cost if the DMV revokes my license (which the court did not, ironically), nor what it will cost additionally when my insurance goes up. The estimate was roughly $400 a month.

For the record, the jury was hung on the first count of Driving Under the Influence, when they couldn’t all agree that I was actually driving impaired. Unfortunately, the DA did a good job of reminding them that on the second count – driving with a blood alcohol level of .08 or higher – you don’t even have to weigh the science that proved I at the time of driving that I was driving at a .07 or less, in order to find me guilty. So…they went with being able to convict on .08 alone, and here I am…about to put on an orange vest for Marin County at some point in the near future, for 5 days at 8 hours each of work release/community service (instead of going to jail).

I will get to enjoy one holiday before all this begins…which is Thanksgiving. Unfortunately, I will be broker than brokeback mountain, and can’t afford the trip to TX to visit dad…or for that matter, a goddamn turkey.

There is more I could say about all this, but I won’t.

As a public service announcement, I only wish to say that the next time you have had so much as ONE beer and decide to drive home assuming you are not impaired, remember this number: $10,359., and consider if you can afford that…or a somewhat pricey cab ride instead.

If, for instance, I had taken a cab that day – I’d still have my Z3 (or whatever would be left of it after considerably more crackwhore break-ins), and I’d still have that 10k (though I’d admittedly have spent it on frivolous things like…oh, I dunno…my first vacation in 10 years to some place warm like…Hawaii?)

I do not regret excercizing my right to a jury trial. Though expensive, I was facing the same fines and penalties with the exception of the time working for the sherriff’s department in lieu of jail, but would have had my license revoked. Not even the fines would have been scaled down.

Thank you to all of you who have called, written, text’d, emailed, and generally lent me support through this process. It’s over with (almost)…and soon I can move on.




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[info]psymbiotic
2007-10-09 11:09 pm UTC (link)
Ouch! Yeah, that sounds all too familiar. I went through that whole mess back in 2000. It took me a *long* time to get it expunged from my record, and I've done my best to stay on the straight and narrow ever since (although, in the recent past, I've slipped up a bit....much to my own personal chagrin....I'm back to being responsible now, though).

Needless to say, thanks for sharing this. It's once again a reminder to myself not to be an idiot and drive when there is any doubt. ;>

Egan

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[info]diorling
2007-10-09 11:23 pm UTC (link)
No problemo. My lawyer tells me after a year I can apply to have it expunged, which depends on my good behavior during my first year of probation (I have 3 total). Otherwise...it stays on your record for 10 (count em') years.

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[info]kaaawababy
2007-10-10 12:06 am UTC (link)
Wow. What an ordeal. I'm sorry you're out the $$ but glad it's almost over. Hang in there.

What were you pulled over for initially??

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[info]diorling
2007-10-10 12:12 am UTC (link)
The irony is I wasn't pulled over. I hadn't had a job in 7 months, had no cash to get a rear break job that I should have gotten when I was employed, and my rear brakes failed as I slowed to 25 to take a curve on the CA-1. I corrected, got back in the lane after the swerve, but hit a big rock with my front driver side tire that sent my car up the side of a cliff and flipped it. I was the only one involved in the accident.

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[info]kaaawababy
2007-10-10 01:26 am UTC (link)
Oh for heaven's sake. That does suck.

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[info]yvonnenavarro
2007-10-10 01:01 am UTC (link)
Yikes. That's a big bummer. I'm sorry.

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[info]diorling
2007-10-10 03:30 am UTC (link)
don't be sorry - I take full responsibility for my actions. Cute pug pic - is that yours???

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[info]yvonnenavarro
2007-10-10 04:41 am UTC (link)
No, not mine. It's actually a tiny, old bulldog. I filched it off some Internet bulldog rescue website a long time ago. Very often it's a good reflection on how I feel about life in general. Ha ha.

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[info]diorling
2007-10-10 04:08 pm UTC (link)
That was definately how I was feeling yesterday, for sure. LOL. Great photo.

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[info]debg
2007-10-10 01:22 am UTC (link)
Hang in, sweetie. Turkey at our place, should you want it

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[info]diorling
2007-10-10 03:31 am UTC (link)
oh, deb. I love you. You are such a wonderful person and friend. Turkey or no, you are the real deal. I hope one day I'm in a better position to do better things for people like you (but specifically you). :)

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[info]debg
2007-10-10 03:42 am UTC (link)
Well, hell, bebe, I love you right back. And T'day at our place is specifically a place and thing for beloveds of ours who don't want to, or can't, deal with the day otherwise.

And we're right here.

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[info]diorling
2007-10-10 04:09 pm UTC (link)
You know, I have never been to a real family turkey day in SF? All of them have always been "orphan" dinners. How weird...but wonderful.

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[info]zmayhem
2007-10-10 01:31 am UTC (link)
Oh, shit. I'm so sorry. What a giant ball of stupid the whole thing has been.

Unfortunately, the DA did a good job of reminding them that on the second count – driving with a blood alcohol level of .08 or higher – you don’t even have to weigh the science that proved I at the time of driving that I was driving at a .07 or less, in order to find me guilty. So…they went with being able to convict on .08 alone, and here I am…

Whaaa? You had solid proof that you were below the limit, and the DA got to tell the jury not to worry their pretty little heads about it, and so they didn't? That's a world of fucked.

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[info]diorling
2007-10-10 03:35 am UTC (link)
the DA had their own "expert" witness, a criminologist that testifies that *all* people are impaired at .05 - rendering a .08 at a top level of meaninglessness. our Forensic toxicologist expert, who took 45 minutes to list his credentials alone (FBI, state, sherriff, you name it), did prove I was only .07 at the time of driving, however, the criminologist testimony (public record) was based on a hypothetical situation that did not run even close to my case. The criminologist said I had to have had 6 or more of 4% 12 oz cans of beer, when I only had 3 pints of 6%-7% of draft (IPA) beer. big difference, in the math... but thats neither here nor there. the trial is over, and I've been dealt my hand.

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[info]addedcost
2007-10-11 01:16 am UTC (link)
makes it really tempting to leave the scene of an accident and report it in the morning.

now I should go fix my front brakes...

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[info]diorling
2007-10-11 01:56 am UTC (link)
exactly.

And yes. please fix your brakes!

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