DWI + Narcotic possession

D

DownItBabydoll

Bluelighter
Joined
Jun 30, 2006
Messages
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SWIM was driving home on Sunday night around 2am and SWIM nodded out and totalled his car... the police found 2 bags of heroin in SWIM's bag, nailing him with:
*Narcotic possession
*Drug paraphanelia possesion

They also gave SWIM:
*Reckless driving
*DWI

However, they couldn't confirm the DWI because SWIM passed the sobriety test, but they took a blood test anyway. That day SWIM had consumed:

3pm: 2mg Xanax (prescribed 1.5mg daily)
4pm: 400mg DXM, 20mg Ambien (prescribed 10mg Ambien daily)
10pm: 1 bag H
11pm: Marijuana
1am: 20mg Ambien


Yes... SWIM knows it was really stupid and that he took way too many drugs... somewhat of a suicidal mindset that day... but SWIM's question is:
*Should SWIM plead guilty to the DWI?

And also...
*What do you think will be the punishments? (SWIM lives in NJ)
 
Did SWIY confess? If he didn't, he might skate on the DWI in spite of the blood test. Did SWIY obtain legal counsel? If SWIY is convicted, he will lose his DL for a year. As for the possession, SWIY can probably get probation in exchange for rehab or some other nonsense, but that depends on his criminal history.
 
SWIM didn't confess nor did SWIM seek legal counsel... no money.
SWIM has no criminal history and was thinking of trying to get into a program that treats drugs and SWIM's eating disorder.
If SWIM doesn't get the dwi.. will SWIM lose his license for narcotic possession?
 
Without a lawyer, things might be tough. Public defenders really suck FWIW. Drug possession does not result in a suspended license, but the reckless driving might carry enough points to do the trick. The best thing SWIY can do is scounge enough $ to hire a lawyer who specializes in these types of cases. $300 might be enough as some lawyers will work on a sliding scale. There are an abundance of lawyers out there. The guy doesn't have to be F. Lee Bailey, he just has to be well acquainted with all the ADAs to get a good deal.
 
GET COUNSEL BEFORE SAYING ANYTHING! DO NOT SAY A WORD BESIDES "I WANT A LAWYER!" (Mods, this thread would probably do better in Legal Q&A). If you're in the states, you're guaranteed legal counsel if you can't afford it. You will most likely have your license suspended for 6 months to two years, but it won't be revoked. Since you have no history, you are likely to be able to get put in rehab instead of jail, and (unfortunately for society, but good for you) DWIs aren't really punished very severely. You'll likely just get a fine. But, note the overuse of the word "likely" here. There are a lot of variables in play, including crooked cops and asshole judges.

P.S. Stop using "SWIM." Everyone knows what you're talking about, including any officials of the law that may be reading this (which they're probably not, and even if they were don't give a fuck cuz you're not dealing).
 
^^
haha to the P.S. and 'SWIY.' anyway i think the only advice you can take from this is that you need talk to a lawyer (scrounge up the money somehow...it's worth it.) no one on this board can give you solid advice without knowing exact circumstances, and even if we did know the circumstances, most of us aren't lawyers anyway. also, you really need to get the results of the blood test back before you can decide about how to plead. in terms of losing your license here is a website on the penalities that result from getting convicted of a dui in new jersey: http://health.rutgers.edu/unused/RSHS/alclaws.htm ...that says that you lose your license for 6-12 months if convicted. good luck.
 
Wow... tough break for SWIY :(

Good luck to him. SWIY should steel his resolve before going into rehab, if that's what ends up happening; they propagandise you, and even if you think it's "helping" by breaking an addiction, I've seen some people come out of rehab having lost a lot of themselves in the process. If SWIY feels that he doesn't need help, he should just get through the sentence and get on with his life. If he does feel he needs it, he shouldn't let anything I or anyone else might say get in the way of that, but he should always remember who he is and remember that he needs help breaking a physical addiction, not rebuilding his sense of self. He should participate with the rehab in good faith, but take that extra minute each day to take a look at what he is being told and what ideas are being presented to him through a critical and rational lens. Hope this helps.
 
Just wanted to give an update.

The possession charges are finished... it was dropped to a paraphanelia charge, so it was just a fine and that's that. Only had a public defender, didn't go to rehab... easy.
The DWI is pending right now... will update once it's finished.

And this should definately be in legal...

eta: Just wanted to add that technically I have loss of license for 6 months, but my doctor revoked it due to eating disorder related medical issues shortly after this incident. It was deemed that I crashed because I blacked out from low potassium.
 
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SWIY got seriously SERIOUSLY lucky on those drug charges...

SWIM got busted with 16mg xanax and is facing 2yrs probation and tons of rehab...

public defender dont do NOTHIN
 
I had a public defender once who wasn't too bad. He kept rescheduling my trial until I got the judge who he was friends with, which really helped me out. I still got hit pretty hard, but he did as much as a lawyer could have, plus it didn't cost me a dime. And I mean literally not a dime, for two felony convictions he got all the fines and fees waivered in addition to not having to pay him. Although I only spoke to him twice in the four or five months he was on my case, including my court date.

So don't bash on the PDs too much, but it can never hurt to have a lawyer who actually cares about your case. Luckily things for SWIY have gone about as well as they could so far given the circumstances.

pyrrhicvictory
 
DownItBabydoll dwis are very serious, it will jack up your insurance significantly, exclude you from jobs, a year or 2 probation, probably 1200-1500$ in fines. your license will most likely be suspended for that time(to and from work can be arranged) na/aa meetings, UA's etc etc. it is best to plea nocontest for dwi's if it seems you have no case in your defense. its alot easier to be charged with POM or something of that nature. your dwi/dui will be expunged though after 7years if those charges follow through.

your xanax should have 'donot drive a vehicle or operate heavy machinery while taking this medication' and in those contexts that is enough for a dwi(seeing how you didnt injure anybody this might not be pressed though).

get a court appointed attorney!
 
now that you are in thr clear perhpas you need to not endanger others by driving while fucked up...you could have killed someone...
 
Thanks for the advice... I know that I'm extremely lucky so far, and I can deal with a DWI. It's not the worst thing in the world. I should have died quite a few times over the past few months, and in this case... could have killed others... and I'm extremely fortunate nothing permanent happened.

[preachy sob story/]
About a week ago I took a pretty serious intentional overdose of Heroin just because I was overwhelmed by my addiction issues, eating disorder, legal issues, applying to go back to uni etc. I should have died, but by some stroke of luck my dad checked on me that morning before work. That was my second overdose of the Summer- the first being a fentanyl OD that stopped my heart. Again, I'm extremely lucky to be alive.

It's put it into prespective, I guess. That although I still can't say I'm *happy* to be alive... this all will pass eventually, and I can deal with the consequences. And although it may take a few years for everything to cool off... and my slate will never be truly wiped clean, it won't be as overwhelming as it was the night I was arrested.

Sorry for the tangent, I guess I'm just trying to say... that I finally have realized the depth of my use and although the urges are strong as anything, I'm fighting them like hell and trying to begin that whole recovery thing. [/emo tears]
 
^awsome, some people can never admit or understand how events like this can become so positive (thats sounds lite), i mean LIFE SAVING.

this is one of the best places for tangents, dont be sorry. if noone wants to hear it they can leave your thread, you are as anomynous as you want to be. there are plenty of other tangents here with no real point or want for a positive resolution, just idle chat.

you mentioned low potassium, that could be of help to me.
 
Just another update...
apparently they only found ambien in the bloodwork (ummm thank moses?) that they took at the hospital, my PD wants to go to trial over it- so we'll see how it goes.

panic_in_paradise- How so?
 
^ if you sere asking how so about low potassium; some health issues i have been having seemd simular, and i havdnt read much about that. checked it out but no relation.

good luck and let us know the out come
 
If they only found Zolpidem in your blood I would definately look into contesting the DWI. Is the DWI charge completely independent of the other stuff? I mean will the heroin they found on you be used as evidence for your DWI? I would guess that having only taken Zolpidem (depending on the amount) and having low potassium levels could get you off. Definately worth investigating at least.
 
^to the PD basher... PD's are on the whole better trial lawyers than most other types. This is becuase they spend more time in court than any of the other kinds. If my ass in on the line, I want someone comfortable in the courtroom anyday! Of course there are the ones that are just bad lawyers, but on the whole they're the best if you need to go to court.
 
No updates yet...
Not sure where I left off here...
I attempted suicide in September with an OD of Heroin and the charged me possession. I just got out of inpatient treatment for my eating disorder so thankfully they dropped that charge because I went into treatment for my depression/eating disorder. So I'm still awaiting the trail for my DWI. I'm so happy that this thing is almost over. Geeze... this has been a MESS.

Also, I agree.. my PD has been AMAZING so far.
 
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