Is there a LAWYER in the house?

[MrMaxwell]

Great minds of GFY (the few that do exist) ...... I need ideas about this .. If you come up with anything helpful I WILL GIVE YOU MONEY

Met with my new public lawyer and she says I will have to do 5 days in jail PLUS 85 days house arrest.. That sounds to me like the sentencing for a 3rd+ offense.. http://www.kansasduidefenseteam.com/..._in_Kansas.cfm

I'm looking at my actual case and it says

Original Charge - Statute

KSA Number: 08.1567.e
Felony or Misdemeanor: M Drug or Non-Drug: Non Drug
Person or not: Undefined Reporting Group: CHAPTER 8
Statute Revision: 201107 Section: 1567
Sub-Section 1: e Sub-Section 2:
Sub-Section 3: Sub-Section 4:

Then I look at the actual statute and it says

http://www.kslegislature.org/li/b201...08_015_0067_k/

(B) on a second conviction a class A, nonperson misdemeanor. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,250 nor more than $1,750. The person convicted shall serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 120 hours of confinement. Such 120 hours of confinement shall be a period of at least 48 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender's work day. The court may place the person convicted under a house arrest program pursuant to K.S.A. 2012 Supp. 21-6609, and amendments thereto, to serve the five days' imprisonment mandated by this subsection only after such person has served 48 consecutive hours' imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. The offender shall serve a minimum of 120 hours of confinement within the boundaries of the offender's residence. Any exceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the 120 hours;

(E) on a fourth or subsequent conviction a nonperson felony. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 72 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted, if placed into a work release program, shall serve a minimum of 2,160 hours of confinement. Such 2,160 hours of confinement shall be a period of at least 72 consecutive hours of imprisonment followed by confinement hours at the end of and continuing to the beginning of the offender's work day. The court may place the person convicted under a house arrest program pursuant to K.S.A. 2012 Supp. 21-6609, and amendments thereto, to serve the 90 days' imprisonment mandated by this subsection only after such person has served 72 consecutive hours' imprisonment. The person convicted, if placed under house arrest, shall be monitored by an electronic monitoring device, which verifies the offender's location. The offender shall serve a minimum of 2,160 hours of confinement within the boundaries of the offender's residence. Anyexceptions to remaining within the boundaries of the offender's residence provided for in the house arrest agreement shall not be counted as part of the 2,160 hours.



Does anyone know if they can do that? Am I reading this right, that they've charged me with the wrong offense? Can this be dismissed some way? This is pretty crazy - It sounds to me as if I am being charged with and will be sentenced for a fourth!! I had one of these in 2007 - this should be second offense

[TheFootMan5]

They can do anything they want, they have all the money and guns and power in the world

Don't drink and drive, toots!

[MrMaxwell]

Originally Posted by TheFootMan5

They can do anything they want, they have all the money and guns and power in the world

Don't drink and drive, toots!

I wasn't drunk

[purecane]

do more research. did you blow? is there video? was there any toxicology done? witnesses? prior record isn't gonna help with this being your second dui. try to plead out to reckless? in florida you get the same fine and probation but it saves you from that second conviction... a decent lawyer can get this kind of thing dropped for 3 grand also.....

[brassmonkey]

do the 5 days

[baddog]

Why do you deny you were under the influence?

[bigluv]

Your lawyer knows you are a douchebag.

And those are minimums.

[MrMaxwell]

Originally Posted by baddog

Why do you deny you were under the influence?

Because I passed the stupid walking and eye tests and I am on film driving perfectly. I parked perfectly parallel to the shoulder line in a smooth fluid motion. The officer thought I was impaired by alcohol because I was EXHAUSTED. Meanwhile the slot machine says I was .127 which is ridiculous.

[TheFootMan5]

Originally Posted by MrMaxwell

Because I passed the stupid walking and eye tests and I am on film driving perfectly. I parked perfectly parallel to the shoulder line in a smooth fluid motion. The officer thought I was impaired by alcohol because I was EXHAUSTED. Meanwhile the slot machine says I was .127 which is ridiculous.

Did you have any drinks that day or night or morning?

[baddog]

Originally Posted by MrMaxwell

Because I passed the stupid walking and eye tests and I am on film driving perfectly. I parked perfectly parallel to the shoulder line in a smooth fluid motion. The officer thought I was impaired by alcohol because I was EXHAUSTED. Meanwhile the slot machine says I was .127 which is ridiculous.

But you blew .127, even if it was "off" it would not be that far off.

[MrMaxwell]

Originally Posted by baddog

But you blew .127, even if it was "off" it would not be that far off.

I have a video somewhere of some guy blowing a .129 after eating bread
Another one of a guy rinsing his mouth with beer and blowing a .230

Etc

[bigluv]

Originally Posted by MrMaxwell

I have a video somewhere of some guy blowing a .129 after eating bread
Another one of a guy rinsing his mouth with beer and blowing a .230

Etc

Except you werent eating any bread or rinsing your mouth with beer.
(Oh, and LOL about you hating drunk drivers so much and how you would NEVER do it ... meanwhile this is #2 for you?)

[epitome]

You were driving perfectly, yet driving over 100 MPH while drunk and one three days of sleep deprivation. You've admitted that you're a drunk, except you were not a drunk this night.

Anyway, you'll do well in prison... nobody in prison is guilty so you'll have a lot of people agreeing that you are not guilty once they lock you up.

Meanwhile, nobody else will believe anything you say... not here, or in court.

[baddog]

Originally Posted by MrMaxwell

I have a video somewhere of some guy blowing a .129 after eating bread
Another one of a guy rinsing his mouth with beer and blowing a .230

Etc

You need to start looking at this as if it was someone on GFY posting it, and not you.

[96ukssob]

two things...

1) you shouldn't commit crimes
2) if you commit crimes, you shouldn't go with a public defender unless you are 110% guilty and don't want to fight it

time to look at the cold hard truth, and that is you may have to hire someone. a public defender will not do much for you out of the norm, they typically carry a huge case load and really dont give a shit about you -- they are only trying to finish their quota to climb up the ladder and become a real paid attorney. especially since this is not your first offense, you have "i need to be in jail" written on your forehead.

call around, some have payment plans and options. unless you want to go to jail, that is really your only choice.

asking people here is only going to get your hopes up that you will get out of this, but truth is your fucked if you can't afford an attorney, then these are the facts of life when you commit crimes

[AmeliaG]

I am not an attorney, so please do not take this as legal advice. Obviously, the best solution is to stop driving under the influence. But I don't believe your attorney can tell you that you must agree to whatever plea you are offered. Can't you just tell your attorney that is not acceptable to you and you will not take it, for exactly the reasons you are explaining to GFY?

[MaDalton]

you're probably alcoholic if you blew that and still drove fine

[L-Pink]

Hit me up, I can help you fool the ankle bracelet.


.

[2013]

i have had 1 i wasn't even driving when the cops got there i was in someones house. I tried fighting it with my public defender and i got like 15 days jail ATSI > guardian interlock, one year licence suspension

[Spunky]

Be prepared for the darkies to rape your ass

[Jel]

call your public lawyer a bitch, and if the judge is a bitch, call her a bitch too. This should get you off scot-free

[tonyparra]

5 days? Stop being a pussy it one week without posting on gfy you will survive somehow trust me

[MrMaxwell]

Originally Posted by tonyparra

5 days? Stop being a pussy it one week without posting on gfy you will survive somehow trust me

I don't want to do the ninety days you moron
Go have sex with your dancing christmas moose you fairy

[TisMe]

Seems right in line with the minimum for a second offense.

"(B) on a second conviction a class A, nonperson misdemeanor. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,250 nor more than $1,750. The person convicted shall serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. "

5 days plus 85 of house arrest, seems like a reasonable sentence given the guidelines.

[AllAboutCams]

I hope your ass hole gets ripped to shreds.
And its the second fucking time whats wrong with you what happens if you hit a car and kill someone you fucking douche bag.

[beerptrol]

take the 5 days and 85 house arrest and thank your stars you aren't thrown into prison for a longer term

Seeing how you can only afford public defenders, that looks like a good deal

[MrMaxwell]

Originally Posted by beerptrol

take the 5 days and 85 house arrest and thank your stars you aren't thrown into prison for a longer term

Seeing how you can only afford public defenders, that looks like a good deal

If I get 85 days house arrest I'm doing 90 days in JAIL because I can't afford $600/mo
I've essentially been ON house arrest for a year - everywhere I go I am without a car

[epitome]

Thread title should be "Is there a REHAB in the house?"

[lagcam]

I just don't get what people hope they will achieve from threads like this but there again, nice to have a break from bitcoins.

[TisMe]

Originally Posted by MrMaxwell

If I get 85 days house arrest I'm doing 90 days in JAIL because I can't afford $600/mo
I've essentially been ON house arrest for a year - everywhere I go I am without a car

You lost me on the $600/month, what's that for?

If you're home all the time (no car you said) then house arrest shouldn't be a big deal for you.

Take the 5 and 85 and move on.

[baddog]

Originally Posted by MrMaxwell

If I get 85 days house arrest I'm doing 90 days in JAIL because I can't afford $600/mo
I've essentially been ON house arrest for a year - everywhere I go I am without a car

Make sure you get any credit for time served.

[Mr Pheer]

If I was ever threatened with house arrest for something that I did, the last thing I would do is cry about it.

Really, you want to confine me to my own house? Fuck I have internet, a pool, satellite TV, thai & pizza delivery, and I work at home anyway! Anything else I want can be here in a day from my Amazon prime membership.

[tonyparra]

Originally Posted by MrMaxwell

I don't want to do the ninety days you moron
Go have sex with your dancing christmas moose you fairy

Im a moron? Im not the dumb ass driving drunk and double the speed limit

[lock]

A breath analyzer cannot determine blood alcohol. They should have given you an option to take a real blood test with a sample. Without this option to prove your innocence it is all speculation. Did you have a second opportunity to take a breath test? The whole walk the line is a load of crap some people shoot better pool and play darts better drunk so this theory just needs to be proven. Seems the cops of America they can back up nonsense with law. Touch your nose wtf fuck it hasn't moved my whole life.