DWI charge (not conviction) Addendum

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thegoodones
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DWI charge (not conviction) Addendum

Postby thegoodones » Fri Dec 10, 2010 5:15 am

So, on August 2010 early morning, I got stuck at a red light that I knew from experience would take forever. After waiting a bit, I made a U-turn and thus ran a red light. I got pulled over. I had two beers a friend's house earlier which the cop must have smelled because she asked me if I had been drinking, and I told her I had a beer. She then asked me to take a breath test. As I smallish woman, I have been REPEATedly advised not to take the breath test if I've been drinking. So I refused. I was then arrested and charged with a DWI. It's been almost four months, and nothing has happened. The hearing which is supposed to take place to suspend my license keeps getting pushed back. I have a lawyer handling this all. My license has not been suspendee. I'm not sure exactly what to put on the DWI addendum. I've heard not to go into too much detail but I feel like the details of my story are important. Does anyone have any insight about this sort of thing?

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4for44
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Re: DWI charge (not conviction) Addendum

Postby 4for44 » Fri Dec 10, 2010 6:37 am

thegoodones wrote:So, on August 2010 early morning, I got stuck at a red light that I knew from experience would take forever. After waiting a bit, I made a U-turn and thus ran a red light. I got pulled over. I had two beers a friend's house earlier which the cop must have smelled because she asked me if I had been drinking, and I told her I had a beer. She then asked me to take a breath test. As I smallish woman, I have been REPEATedly advised not to take the breath test if I've been drinking. So I refused. I was then arrested and charged with a DWI. It's been almost four months, and nothing has happened. The hearing which is supposed to take place to suspend my license keeps getting pushed back. I have a lawyer handling this all. My license has not been suspendee. I'm not sure exactly what to put on the DWI addendum. I've heard not to go into too much detail but I feel like the details of my story are important. Does anyone have any insight about this sort of thing?


1. Copy and paste bolded
2.????
3. Profit


No... I jest... I don't want to get you down, but from what I've heard pending charges (esp. felony charges) are the death of law school apps. If you have the option to speed it up before you apply, or wait til next year to apply, I'd do that....

To Quote George... its "a really big matza ball hanging there..."

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Ratchet Jackson
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Re: DWI charge (not conviction) Addendum

Postby Ratchet Jackson » Fri Dec 10, 2010 1:11 pm

thegoodones wrote:So, on August 2010 early morning, I got stuck at a red light that I knew from experience would take forever. After waiting a bit, I made a U-turn and thus ran a red light. I got pulled over. I had two beers a friend's house earlier which the cop must have smelled because she asked me if I had been drinking, and I told her I had a beer. She then asked me to take a breath test. As I smallish woman, I have been REPEATedly advised not to take the breath test if I've been drinking. So I refused. I was then arrested and charged with a DWI. It's been almost four months, and nothing has happened. The hearing which is supposed to take place to suspend my license keeps getting pushed back. I have a lawyer handling this all. My license has not been suspendee. I'm not sure exactly what to put on the DWI addendum. I've heard not to go into too much detail but I feel like the details of my story are important. Does anyone have any insight about this sort of thing?


What happened after you refused the breath test? Did you have to submit to a blood test? If you did and your BAC was above your state's limits, it will probably result in a conviction unless it was low enough for your attorney to bump it down to like a wet reckless or something. Perhaps your attorney can find something to get the case dismissed. As for your addendum though, be concise and contrite, but fair warning, pending charges will present a problem for you in some way, shape or form. Try to get this taken care of so you don't have anything pending and you can get on with your life. Best of luck to you, and if you want you can post or PM a draft of what you want to say in your addendum.

whymeohgodno
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Re: DWI charge (not conviction) Addendum

Postby whymeohgodno » Fri Dec 10, 2010 1:15 pm

Pending charges suck. Get this resolved.

thegor1987
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Re: DWI charge (not conviction) Addendum

Postby thegor1987 » Fri Dec 10, 2010 1:27 pm

Yes you do have a DUI, and it is the same DUI as a person would get who did take a breath test. In the state I live you can refuse a breathalizer but still be arrested for DUI.

I believe your license doesn't actually get suspended until the sentencing hearing in court which is why you still 'have it'.

You do need to disclose it because it is quite a serious charge.

edit: you do not need to answer yes that you have been charged with a DUI, but in the pending charges box you do have to say a DUI charge is pending

thegoodones
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Re: DWI charge (not conviction) Addendum

Postby thegoodones » Fri Dec 10, 2010 2:54 pm

This isn't a felony charge. It's a misdemeanor class B.

thegoodones
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Re: DWI charge (not conviction) Addendum

Postby thegoodones » Fri Dec 10, 2010 2:56 pm

And after refusing the breath test I was automatically arrested. No actual test was done on my BAC. They took my blood pressure at jail though, and it was through the roof! Does that sound like intoxication?

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hokie
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Re: DWI charge (not conviction) Addendum

Postby hokie » Fri Dec 10, 2010 3:04 pm

thegoodones wrote:And after refusing the breath test I was automatically arrested. No actual test was done on my BAC. They took my blood pressure at jail though, and it was through the roof! Does that sound like intoxication?


hmmmm tough to say. Although alcohol is a depressant meaning if anything, it should slow your HR down. It is probably likely that your BP was up due to nerves/environment. However, you definitely want to disclose it and hopefully you'll get the sentenced reduced somewhat for clean record, etc........gl!

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Bert
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Re: DWI charge (not conviction) Addendum

Postby Bert » Fri Dec 10, 2010 3:47 pm

Alcohol consumption does increase blood pressure for a short time period. When my brother got arrested for DWI his elevated blood pressure was noted in his police record, but his attorney told him not to worry about it because elevated blood pressure is not necessarily determinative of drunkeness -- there are many things that can increase your blood pressure: genetic pre-disposition, stress, smoking, sodium, etc.

That being said, your case is a lot like his. I don't know where you are from, but when my brother refused to submit he ended up having to fight two charges in court instead of one: (1) DUI, and (2) failure to submit. He got off on the DUI because the cops didn't really have any evidence on which to base their case (no breathalyzer, no blood, no field test, no witnesses, nothing), but was found guilty of failing to submit. Anyway, in your state is "failure to submit" as bad as DUI? If not, has your attorney tried to trade a guilty plea to "failure to submit" in exchange for dropping the charges on DWI just to get this wrapped up?

thegoodones
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Re: DWI charge (not conviction) Addendum

Postby thegoodones » Fri Jan 07, 2011 12:31 am

Hey Guys,

This is for anyone who might find themselves in the same situation as me when applying to law school. You're going to be okay, just explain the situation. I just received notice that I've been accepted at Washington and Lee! So there's hope! Don't give up.

thegoodones
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Joined: Fri Dec 10, 2010 5:09 am

Re: DWI charge (not conviction) Addendum

Postby thegoodones » Wed Feb 09, 2011 1:50 am

and more recently, Wash U in St. Louis!!




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