I was arrested for DUI in May 2009. I was in a Wal-Mart and came outide to a couple of police cars next to another car talking to someone in that car. I didn't think anything of it since I had only had 3 beers in about 2 hours and I'm a larger man. I got in my car and put the key in the ignition to leave when an officer then ask me for license, etc. I ended up getting out and doing all the FSTs requested. I actually did the walking in a line test and the light/eye test twice. I was not told what the portable breathalyzer reading was. I was arrested and observed for the 20 minute period at the police station. I was given the "accurate" breathalyzer and it read 0.078. My prints and pictures were taken and he let me leave. I spent no actual time in jail since I was at 0.078.
A few weeks before the preliminary hearing I received an offer from the state's attorney to reduce it to a reckless driving charge and I accepted at the initial hearing. I could not afford an attorney and the public defenders here are useless and utter jokes so I did this all on my own. The stipulations of the reduced charge were 2 years supervision, 75 hours of counseling, DUI school, etc. I cannot afford any of the school or the counseling, let alone the fines since I have been unemployed for a couple months.
Sorry this was so long but question is what will happen if I do not comply with this reduced deal before the next court date (in August 2010)? Also, do I have a chance to successfully get this vacated based on the information given? Thank you in advance.
1 Answer from Attorneys
Success? Can't tell. If you were sitting in your car on private Wal-Mart property at the time you were arrested and the police did not have a contract to patrol the property, the police may not have had a right to do anything, especially if the car wasn't even running. Why would they even suspect you had been drinking.
Did the State's Attorney tell you that you would have to pay for the counseling or school?
You rejected an attorney for free and now you want a free attorney who has less knowledge of the situation to help? My best recommendation is to go back to the public defender if it was offered to you.
If you don't show? or comply? How can you comply with 2 years of supervision? That makes no sense. If you mean what happens if you don't show up? A judge could vacate the agreed deal and potentially have you arrested on a warrant.
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