Page 1 of 4 1234 LastLast
Results 1 to 15 of 51
  1. #1
    All-Star
    Points: 55,991, Level: 73
    Level completed: 30%, Points required for next Level: 1,059
    Overall activity: 8.0%
    Achievements:
    Veteran50000 Experience Points

    Join Date
    May 2009
    Posts
    1,530
    Points
    55,991
    Level
    73
    Thumbs Up
    Received: 36
    Given: 0

    OWI first offense

    I know a young lady who was charged with OWI here in Iowa (no, it's me). It is her first offense. I was just wondering if it would be worth the expense of hiring an attorney or if she should just plead guilty and beg for mercy. Does anyone have advice on this topic?



  2. #2
    Legend
    Points: 404,097, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 20.0%
    Achievements:
    SocialVeteran50000 Experience Points
    cyclonedave25's Avatar
    Join Date
    Jul 2007
    Location
    Chicago, IL
    Posts
    14,510
    Points
    404,097
    Level
    100
    Thumbs Up
    Received: 393
    Given: 192

    Re: OWI first offense

    Well, were you actually drunk? Did you fail the sobriety test? Did you blow over .08?
    If you answered yes to any of those questions, it'd be a waste of time and money to hire an attorny.


    When Prepared, Fear No One.

  3. #3
    Pro
    Points: 64,573, Level: 78
    Level completed: 83%, Points required for next Level: 277
    Overall activity: 2.0%
    Achievements:
    Social50000 Experience PointsVeteran

    Join Date
    Dec 2009
    Posts
    3,047
    Points
    64,573
    Level
    78
    Thumbs Up
    Received: 1
    Given: 0

    Re: OWI first offense

    Was there an accident? Did she blow? What did she blow? Depending on these answers she could get a deferred judgment (depending which county she's in, I'm not familiar with all Iowa counties). Deferred judgment would cut her license suspension in half.

    Also, there may be issues with the stop itself. Having an attorney look at that stuff is always a good idea.



  4. #4
    Pro
    Points: 31,978, Level: 55
    Level completed: 3%, Points required for next Level: 1,072
    Overall activity: 7.0%
    Achievements:
    Recommendation Second ClassVeteran25000 Experience PointsSocial
    EYEoftheSTORM's Avatar
    Join Date
    Jan 2009
    Location
    Ames, Iowa
    Posts
    2,345
    Points
    31,978
    Level
    55
    Thumbs Up
    Received: 39
    Given: 9

    Re: OWI first offense

    It depends, do you have any prior convictions/ any sort of evidence that works in your favor. I would highly doubt that it would be differed if its an OWI, even though I have heard of it happening before.




    I WAS THERE!!!!!!

  5. #5
    Pro
    Points: 64,573, Level: 78
    Level completed: 83%, Points required for next Level: 277
    Overall activity: 2.0%
    Achievements:
    Social50000 Experience PointsVeteran

    Join Date
    Dec 2009
    Posts
    3,047
    Points
    64,573
    Level
    78
    Thumbs Up
    Received: 1
    Given: 0

    Re: OWI first offense

    I'm mainly familiar with Polk and Dallas, but those two counties do deferreds on OWI(1st) all the time.



  6. #6
    All-Star
    Points: 55,991, Level: 73
    Level completed: 30%, Points required for next Level: 1,059
    Overall activity: 8.0%
    Achievements:
    Veteran50000 Experience Points

    Join Date
    May 2009
    Posts
    1,530
    Points
    55,991
    Level
    73
    Thumbs Up
    Received: 36
    Given: 0

    Re: OWI first offense

    Quote Originally Posted by cyclonedave25 View Post
    Well, were you actually drunk? Did you fail the sobriety test? Did you blow over .08?
    If you answered yes to any of those questions, it'd be a waste of time and money to hire an attorny.
    Sorry. There was no accident. She was pulled over for speeding and she blew over .08.



  7. #7
    Pro
    Points: 33,520, Level: 56
    Level completed: 40%, Points required for next Level: 730
    Overall activity: 10.0%
    Achievements:
    Veteran25000 Experience Points
    isuforlife's Avatar
    Join Date
    Sep 2007
    Posts
    2,698
    Points
    33,520
    Level
    56
    Thumbs Up
    Received: 26
    Given: 137

    Re: OWI first offense

    GET A LAWER , WORTH THE EXPENSE



  8. #8
    Pro
    Points: 31,978, Level: 55
    Level completed: 3%, Points required for next Level: 1,072
    Overall activity: 7.0%
    Achievements:
    Recommendation Second ClassVeteran25000 Experience PointsSocial
    EYEoftheSTORM's Avatar
    Join Date
    Jan 2009
    Location
    Ames, Iowa
    Posts
    2,345
    Points
    31,978
    Level
    55
    Thumbs Up
    Received: 39
    Given: 9

    Re: OWI first offense

    Quote Originally Posted by cy1010 View Post
    I'm mainly familiar with Polk and Dallas, but those two counties do deferreds on OWI(1st) all the time.
    Story I know is tough on 1st offenses, friend got an OWI an was not given one. Have not heard from anybody that was given a differed on 1st offense OWI. Although I have heard of it in Boone County




    I WAS THERE!!!!!!

  9. #9
    Addict
    Points: 94,237, Level: 95
    Level completed: 58%, Points required for next Level: 813
    Overall activity: 4.0%
    Achievements:
    Veteran50000 Experience Points
    xboxfever's Avatar
    Join Date
    Nov 2008
    Posts
    5,960
    Points
    94,237
    Level
    95
    Thumbs Up
    Received: 130
    Given: 199

    Re: OWI first offense

    Quote Originally Posted by cyclonestate View Post
    Sorry. There was no accident. She was pulled over for speeding and she blew over .08.
    Plead Guilty. Wish I would have when I got mine. It is not worth the money and time.



  10. #10
    Pro
    Points: 31,978, Level: 55
    Level completed: 3%, Points required for next Level: 1,072
    Overall activity: 7.0%
    Achievements:
    Recommendation Second ClassVeteran25000 Experience PointsSocial
    EYEoftheSTORM's Avatar
    Join Date
    Jan 2009
    Location
    Ames, Iowa
    Posts
    2,345
    Points
    31,978
    Level
    55
    Thumbs Up
    Received: 39
    Given: 9

    Re: OWI first offense

    Quote Originally Posted by cyclonestate View Post
    Sorry. There was no accident. She was pulled over for speeding and she blew over .08.
    If it was .08 I would definitely hire a lawyer. It not only shows that you care but also will be HUGE when negotiating with a lawyer. .08 is borderline= good leverage with a judge....




    I WAS THERE!!!!!!

  11. #11
    Pro
    Points: 64,573, Level: 78
    Level completed: 83%, Points required for next Level: 277
    Overall activity: 2.0%
    Achievements:
    Social50000 Experience PointsVeteran

    Join Date
    Dec 2009
    Posts
    3,047
    Points
    64,573
    Level
    78
    Thumbs Up
    Received: 1
    Given: 0

    Re: OWI first offense

    I think it's kind of silly to say she should plead guilty because you wish you would have when you have no idea how similar your cases are.



  12. #12
    Rookie
    Points: 10,175, Level: 30
    Level completed: 38%, Points required for next Level: 375
    Overall activity: 0%
    Achievements:
    Veteran10000 Experience Points
    Klonz's Avatar
    Join Date
    Nov 2006
    Location
    Grimes, IA
    Posts
    368
    Points
    10,175
    Level
    30
    Thumbs Up
    Received: 0
    Given: 0

    Re: OWI first offense

    Quote Originally Posted by cyclonedave25 View Post
    Well, were you actually drunk? Did you fail the sobriety test? Did you blow over .08?
    If you answered yes to any of those questions, it'd be a waste of time and money to hire an attorny.
    Agreed. Actually, she might get a better deal not having an attorney. First offense penalties are well established... hiring an attorney just adds to the financial penalty.



  13. #13
    Legend
    Points: 404,097, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 20.0%
    Achievements:
    SocialVeteran50000 Experience Points
    cyclonedave25's Avatar
    Join Date
    Jul 2007
    Location
    Chicago, IL
    Posts
    14,510
    Points
    404,097
    Level
    100
    Thumbs Up
    Received: 393
    Given: 192

    Post Re: OWI first offense

    Quote Originally Posted by cyclonestate View Post
    Sorry. There was no accident. She was pulled over for speeding and she blew over .08.
    I would plead guilty and save the time and money.


    When Prepared, Fear No One.

  14. #14
    All-Star
    Points: 27,225, Level: 50
    Level completed: 68%, Points required for next Level: 325
    Overall activity: 1.0%
    Achievements:
    Veteran25000 Experience Points
    CloneLawman's Avatar
    Join Date
    Apr 2006
    Posts
    1,076
    Points
    27,225
    Level
    50
    Thumbs Up
    Received: 7
    Given: 8

    Re: OWI first offense

    Quote Originally Posted by EYEoftheSTORM View Post
    Story I know is tough on 1st offenses, friend got an OWI an was not given one. Have not heard from anybody that was given a differed on 1st offense OWI. Although I have heard of it in Boone County
    Story tends to be tougher than Polk, for example, because they actually have enough resources to deal with the caseload. Polk gives a lot of diversions because they are swamped.

    If she tested below .15 (with no accident) then a deferred judgment is a possibility. There are many many factors that could have a bearing and they probably cannot be adequately addressed on this board. Even if not, she may be able to satisfy many of her sentencing requirements through a program like one offered by the McCartney Center (can serve jail time in a hotel setting while taking classes and getting substance abuse evaluation out of the way). It certainly would not hurt to speak with an attorney (and I am not saying that merely because i am one).



  15. #15
    Pro
    Points: 37,334, Level: 59
    Level completed: 57%, Points required for next Level: 516
    Overall activity: 0%
    Achievements:
    Veteran25000 Experience Points

    Join Date
    Nov 2006
    Location
    Boston, MA
    Posts
    2,591
    Points
    37,334
    Level
    59
    Thumbs Up
    Received: 32
    Given: 6

    Re: OWI first offense

    Get a lawyer.



Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
  • Football
  • Iowa State vs. North Dakota State
  • August 30, 2014
  • 11:00 AM