A Possession and Paraphanelia Question...

I live in Baton rouge Louisiana .I got arrested in new orleans Louisiana and was charged with DUI, Wreckless Operation, Possession of 1/2 gram marijuana (a roach), and paraphanelia. After a long legal process and having my license suspended for one year, i got offered a Diversion program. The program offered was to last for 6 months, take random drug test where my color could be called anytime, and go to 48 drug education classes and AA meetings. Well because of hurricane Katrina passing through this area the phone lines were trashed in N.O. so for almost a month i couldnt receive a color when i called the testing line nor could i talk to my councelor. Work soon started back after the hurricane and we had a lot of work called in and were very busy. For me to attend these classes i had to miss most of the work day on tuesdays and wednesdays because these were the only times that they were held. Well i was told at my job that if i couldnt make it to work everyday they would have to lay me off. I consider my job very important to me because i have been there for a while and make ok money.

So i decided to stop going to the classes. I continued to try and get in touch with my councelor in N.O. but only got answering machines. A few days ago i received a letter in the mail telling me that they are going to move along with prosecuting me. This was no surprise to me because i had already decided to just take the charges because my job is more important than a few misdemenors. But anyways to the main point....

I didnt breathe for the breathalizer and from my knowledge the only thing in LA that you get is a suspension of your license for one year. My question is what do you think my sentence will be for these 4 charges?

By the way I am 20 years old and have never been in trouble in my life. This happened over a year and a half ago and im still in this legal battle. I think that i am going to go ahead and plead no contest to all the charges. Good idea or no?

do not follow their program at all costs, brainwashing that is what it is...but what is wreckless operation and dui??

i got those because the whole reason i got pulled over was because i cut a lady off in traffic then she flew by and flipped me off so i just sped off. she called the cops and said i threw a beer bottle at her. but i was drunk and did not breathe

Sounds like probation to me, N.O. too messed up to spend money on a minor infraction right now.

The not blowing in the breath-a-lizer gets you a one year suspention for implied consent, starting on the date of the ticket. So if no tickets since then no problem, but add one year for every ticket you have gotten since. The rest you should fight. In order to take you to trial they have to produce all evidence against you, like the name of the lady who called so you can subpoena her. I bet they dont have her name or even the records from your refuseal of the sobriety test. All gone with Katrina. Chances are, they will offer a plea, like time served with supervised probation. Dont take it, fight this one. Get a paid lawyer, dont use one of their public pretenders.

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Originally Posted by liljosh63

i got those because the whole reason i got pulled over was because i cut a lady off in traffic then she flew by and flipped me off so i just sped off. she called the cops and said i threw a beer bottle at her. but i was drunk and did not breathe

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lol funny story man . Stupid lady :stoned:

Hire a lawyer man. Too many times have I seen people get harsher penalties than they would have if they had simply understood what was going on.

I hired a lawyer the first go around and thats how i got offered the Diversion program, but now that im out of the program the prosecusion starts all over again.

get a better laywer :D

you shouldnt have any major problems... if you refused to breathe, they can't charge you with DUI, because they cant PROVE that you were intoxicated.. implied is BS, courts can't rely on implying anything, only stone cold facts, get a better lawyer, you'll be fine.

the vehicle operation charges you cant do anything about, but any good lawyer should be able to get a good ol boy with a clean record such as yourself a plea bargain to disorderly conduct on the pot charge, that way it is still a misdemeanor, but it wont show up as a drug charge :D

go to norml and search thier directory for a local lawyer, they will get ya taken care of

good luck

Ok heres the deal...I talked to my counselor from the DA's office yesterday. She wants to meet with me next week and go over options...heres my deal; She will probably offer me an extension on my program and let me do my classes and start going on colors again. I really dont want to do this...

I have already had my license suspended for one year (the maximum sentence for DUI when you do not breathe, from my knowledge), and the only charges im left facing are the posession and paraphenelia.

Should i go for this program(which will cost $750 more) or should i just face these two charges in N.O. and pay the fines or do the community service?

I dont want to deny the program just because i like to smoke if only to get prosecuted and then have to have probation and drug test anyway...

dont go with the public defender... their interests are with the state, not you

you may pay a little more for a good lawyer, but it will be worth it

if they get you the disorderly conduct bargain then you wont have any kind of probation / tests / etc

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Originally Posted by lemonboy

Hire a lawyer man. Too many times have I seen people get harsher penalties than they would have if they had simply understood what was going on.

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Realistic advice..he needs to take it. :thumbsup:

yep... i have seen guys get busted while moving so they had a bag + thier whole pipe collection and had it reduced to disorderly conduct.. any good lawyer will laugh these charges off

I've seen people go to prison for less than that. How bout a empty baggie with a little remaining stuff and a forged script for pills, first arrest. 2.5 years at 85%.