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re: Dashawn Hand Arrested for DUI
Posted on 7/31/17 at 10:00 pm to imjustafatkid
Posted on 7/31/17 at 10:00 pm to imjustafatkid
1
Posted on 7/31/17 at 10:10 pm to remaster916
That's so dumb. What a waste of resources to be ticketed for that.
Posted on 7/31/17 at 10:22 pm to Bham Bammer
quote:
This is a dumb law.
Blame M.A.D.D. and the money hungry legal system. While clerking at for an Attorney General Office, I witnessed judges and lawyers frown and grunt at the stupidity of DUI laws. While I think drunk drivers should be punished, the optics of this case should've warranted a phone call to a ride and a forfeiture of keys until the next morning.
Posted on 7/31/17 at 10:45 pm to 251_Dreaux
That's true, but a half decent attorney and a half decent judge will have this charge reduced, or he will enter into a diversion program.
Posted on 8/1/17 at 11:10 am to imjustafatkid
quote:it would have been dumb if it was just a ticket. It's ridiculous because he was arrested, booked, and has a DUI charge for this. I get that the law exists, but he wasn't even on a road. Could they do this to me if I got hammered and sat in my car in my driveway?
That's so dumb. What a waste of resources to be ticketed for that.
Posted on 8/1/17 at 11:11 am to Five0
quote:
Screw that. I would get you into a deferred program and get it off your record completely. Lawyer up.
Oh there's no doubt he can go that route but why? PI is just a violation so you're talking a fine of under $200 and court costs. The municipal court public defender can likely work a deal for just court costs. A private lawyer will cost more than that, he'd still have that deferred charge hanging around, and all the programs in the world won't change that Google will forever report that he got popped for DUI.
Walk in with three or four Benjamins in hand and walk out with nothing else to worry about other than getting out of Saban's doghouse.
Posted on 8/1/17 at 11:12 am to narddogg81
quote:
Could they do this to me if I got hammered and sat in my car in my driveway?
Absolutely and it isn't theoretical. It happens and not just in Alabama.
Edited to say - I don't want it to come off as if I'm white-knighting for this law. It has a useful purpose in situations were an officer sees a drunk going down the road, loses sight of the vehicle, then relocates it sitting in a parking lot or driveway but IMO this situation is a prime example of an officer not using good discretion. At the absolute worst he should have gotten nothing more than a PI.
This post was edited on 8/1/17 at 11:18 am
Posted on 8/1/17 at 12:32 pm to JustGetItRight
I have even read where folks were arrested for driving their lawn mower or ATV while under the influence.
Posted on 8/1/17 at 2:14 pm to mrbroker
If it's motorized or has a drive train of some sort it's eligible for DUI. You can get one on a motorized scooter but not a traditional skateboard.
Posted on 8/1/17 at 2:19 pm to UhOhOreo
What about a bicycle? Someone once told me you could get a DUI on a bicycle but I don't know if that's true or not 
Posted on 8/1/17 at 2:23 pm to Culverhouse13
It's possible but its state dependent I think. Depends on whether it's classified as a vehicle or not.
Posted on 8/1/17 at 3:39 pm to JustGetItRight
A good private lawyer would likely beat the case. All public record of the arrest could be expunged too. The above takes time. The deferred is quicker.
General rule for DUI, pay more money up front for cheaper long term savings or go cheap up front for long-term expenses (namely insurance).
General rule for DUI, pay more money up front for cheaper long term savings or go cheap up front for long-term expenses (namely insurance).
This post was edited on 8/1/17 at 3:43 pm
Posted on 8/1/17 at 4:35 pm to Five0
quote:
General rule for DUI, pay more money up front for cheaper long term savings or go cheap up front for long-term expenses (namely insurance).
I'm not saying plead to a DUI. That shouldn't be on the table for one minute. As you said, the cost would be incredibly high.
I'm saying if a single phone call to the municipal prosecutor can turn that DUI into a PI, then that's probably the easiest and cheapest route to take. It isn't like he'd be the first college kid with a PI conviction.
Posted on 8/1/17 at 7:19 pm to JustGetItRight
Fair enough. If it were me, I would not want anything on my record. Then again, I do not have a fast approaching football season and the accompanying team schedule either. Hand's interests would not be typical of most DUI client's interests. Showing he went the extra effort to get the charge off his record could pay off regarding his draft status as well. Boy, would that be a niche practice area, NFL draft prospect attorney/agent? The latter being contractually waived till college eligibility is over of course (no cocktail napkin contracts please).
This post was edited on 8/1/17 at 8:09 pm
Posted on 8/2/17 at 9:37 am to Five0
quote:
A good private lawyer would likely beat the case. All public record of the arrest could be expunged too. The above takes time. The deferred is quicker.
General rule for DUI, pay more money up front for cheaper long term savings or go cheap up front for long-term expenses (namely insurance).
From my experiences with friends that have dealt with DUI's, the whole "plead down to a PI or Reckless Driving" notion is extremely rare if not damn near impossible in the current climate of Alabama DUI laws. Years ago, this would be easier to accomplish and thus more common, but since the state of AL has made their DUI laws more severe it's really hard to plead a DUI charge down. Unless there was an error by the officer during the arrest process you will likely not be able to get the charge reduced. If you have the financial means, then yes you can hire a good attorney and take your chances in court or just pay them to keep pushing the case further and further back in hopes of a dismissal, etc.
Hand's best option is likely to just enter the deferred program and stay clean (off alcohol and drugs) for 6 to 12 months and have the charges dismissed upon completion of the program. Or, if his family has the money and feels like they have a good shot in court, he can go that route as well.
This post was edited on 8/2/17 at 9:41 am
Posted on 8/2/17 at 11:57 am to Culverhouse13
Nah, you can still get charges reduced. You just need a lawyer with good connections with the local PD and prosecutor.
Posted on 8/2/17 at 12:45 pm to Culverhouse13
quote:
From my experiences with friends that have dealt with DUI's, the whole "plead down to a PI or Reckless Driving" notion is extremely rare if not damn near impossible in the current climate of Alabama DUI laws
I don't know how much experience you've got, but I frequently attend both a municipal and a district court on a regular basis and it happens a good bit in those two venues.
I've seen Hand's exact situation (arrested while passed out/asleep behind the wheel in a parking lot) pleaded down to PI several times. I've twice seen drunks involved in solo wrecks plead to reckless driving.
More than anything, your chances of success depend on the stances of the local prosecutor and the judge instead of Alabama DUI laws.
Posted on 8/2/17 at 1:45 pm to JustGetItRight
I guess it is the local municipalities and local prosecutors then, but I haven't seen anyone that I know get out of a DUI in Tuscaloosa or certain parts of the Birmingham area.
None of them were asleep at the wheel, though. I hope it works out for Hand.
None of them were asleep at the wheel, though. I hope it works out for Hand.
Posted on 8/2/17 at 3:36 pm to Culverhouse13
It is a lot harder to get out of a dui resulting from a traffic stop.
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