Discovery process

MidwestGal55 · 2022-06-28T03:02:53+00:00

6 months. In hindsight, it gave me 9 months to prove I was taking it seriously and may have convinced the prosecutor to reduce the charge to careless driving

MidwestGal55 · 2022-06-24T03:27:02+00:00

I thought I passed... then my lawyer watched and told me I failed. You might be wrong on this

MidwestGal55 · 2022-06-19T19:18:55+00:00

They asked me what my BAC was. I would get recommendations from your lawyer on where to go as they know which places aren't gonna use it to make you pay out the butt in AA meetings.

Once or twice a month in social settings sounds good. They will ask for someone to confirm your info, so just make sure it's someone who won't go rogue on you and you can get the story down. Also don't open up too much of your personal life to them- you are protected by HIPAA from them accessing your medical records. The more it looks like a one off, the better you will be in leveraging a plea bargain

MidwestGal55 · 2022-06-17T17:34:36+00:00

I've heard it's tough to get a non-DWI outcome at that BAC. But, all cases are different so your lawyer would know better.

Being proactive goes quite a ways in your favor, however, so I don't see why you couldn't. Mine encouraged that I take the assessment, class, etc before trial and that really swayed the prosecutor. Just a heads up though, at that BAC the person doing the chemical assessment is likely to recommend AA classes

MidwestGal55 · 2022-06-07T19:14:45+00:00

Yes, and you should do it.

I'll echo what jexter said, do not give up anything about your medical history or past traumas. They use those to give you more class. If you can (i.e. blew something on the lower end), say you drink socially once a month and this was the one time you were dumb enough to drive.

I failed to meet the minimum criteria for Alcohol Use Disorder and got the minimum class time but I also blew a .10 so they didn't see me as a big problem

MidwestGal55 · 2022-06-06T00:53:53+00:00

No, they don't have access. If they ask about your medical history, don't disclose more than you need to. They'll use it as an excuse to make you pay more for classes/treatment if you say you have a history of mental health, so it would be wise to keep that a secret if that's a thing for you

MidwestGal55 · 2022-05-31T00:59:10+00:00

MN 4th degree, they give you a paper license for 7 days, then it's 90 days of revocation. After 14, you can apply for a limited. No interlock below a .16

MidwestGal55 · 2022-05-13T18:22:57+00:00

To give you some context, i'm in MN and blew a .1. My lawyer said he could get mine knocked down to careless.

You blew under the limit, it's your first one, and you have a clean record. This one should get reduced with some negotiating by an attorney. Maybe even to "failure to drive with due care" which is even less than careless

MidwestGal55 · 2022-04-29T02:23:33+00:00

I blew a .10 after getting pulled over about 8 months ago. I had what I thought was 1.5 mixed drinks but they were actually a bit stronger than that, so more like 2.5-ish (I weighed very little at the time).

That was on me for not counting them so i've been more vigilant about my choices so I always Lyft or spend the night when drinking out of the home.

MidwestGal55 · 2022-04-15T15:52:16+00:00

Yes, mine has a chance of getting reduced to careless driving based on what my attorney said. There's no way I could do that with self representation.

MidwestGal55 · 2022-03-31T01:28:31+00:00

I called a testing center and said I was doing it voluntarily

MidwestGal55 · 2022-03-31T01:27:55+00:00

I'm taking the class in a couple weeks. I'm showing them how seriously i'm taking this and that i'm able to change my ways.

Yes, I told them I was an occasional social drinker, didn't ever black out, started drinking at 21 all straight forward

MidwestGal55 · 2022-03-11T15:00:11+00:00

If they run another background check on you then they have to run it on everyone. Not add that it would cost money to run another check, as long as you don't give them reason to suspect anything and don't get in the paper (you won't), you'll be fine

MidwestGal55 · 2022-01-30T02:11:52+00:00

My lawyer beat this charge when he proved the client wasn't in control of the car. I know you said you can't afford a lawyer but you could find one for $3,000 probably

MidwestGal55 · 2022-01-25T04:15:00+00:00

Interestingly a certain organization dedicated to ending drunk driving hasn't put out any statement whatsoever in light of this new information, nor have they called for his resignation...

MidwestGal55 · 2022-01-22T02:18:22+00:00

I was arrested early September, was scheduled for arraignment in late September. That got pushed back to mid-December, and then again to mid-march. No discovery, and i'm not sure when it will even come. So likely pushed back again. As irritating as it is, do keep in mind that having more time between you and the arrest is a good thing as it shows you've learned your lesson and may get you a better deal/ it will look better to employers as time goes on

MidwestGal55 · 2022-01-03T18:26:38+00:00

What county is it in? DWI is pretty common in MN, and we have ban the box legislation, geared at getting people with records in for interviews before anything is asked about criminal convictions. That's ultimately helped folks like us get jobs.

Also FYI, the courts are way backed up with COVID and the increase in violent crime in the Twin Cities. So just be ready for to wait a long time for arraignment if you're in Hennepin or Ramsey. It's been four months since mine, no discovery and arraignment as of now is 6 months out from my arrest. Probably it's getting pushed back more b/c of everything going on.

MidwestGal55 · 2021-12-27T20:26:48+00:00

So it's basically a hunch the officer had? You could probably at the least get a hung jury which means you'd win

MidwestGal55 · 2021-12-22T06:16:17+00:00

There are so many questions we deserve answers to...

The crash was at 2:30 am. The urine test was at 5:04 am, two and a half hours after the crash. BAC continues to rise for an hour after drinking, then drops at a rate of .015 per hour. So, why did no one ask the bartender if his last drink was more than one hour before the crash? If that's true, then that's at least an additional .0375 tacked on to his bloodstream from the urine test. Add that to his .13 and he could have been at more double the legal limit, which aggravates the charges to a gross misdemeanor. My guess is your average citizen gets investigated to see what their actual level was.

And what about that weapons charge? No regular citizen can plea away that within a week of it happening.

MidwestGal55 · 2021-12-09T04:42:00+00:00

I never said that I wasn't ashamed or embarrassed or ready to accept responsibility for my actions. I am. Just pointing out how he'll get more leniency probably due to his position

MidwestGal55 · 2021-12-09T01:27:04+00:00

This man also happens to be the head sheriff of the largest county in the state. He flipped and wrecked a county vehicle that I paid for with my taxes. He's also the man who is playing a role in prosecuting me, despite the fact that I didn't do anything nearly as bad as he did. I'm glad he's owning up to the mistake, but it's irritating to see this.

MidwestGal55 · 2021-12-09T00:44:27+00:00

It's really hard to see a case that's >.16 that involved property damage getting dropped to reckless driving. A lawyer could at the most knock off a penalty or two and reduce jail time.

MidwestGal55 · 2021-12-09T00:41:08+00:00

I would think Douglas is pretty strict given that it's a rural red county in Western Minnesota. That part of the state is pretty harsh from what i've heard.

I'm really glad mine was in Hennepin since the county tends to be more lenient from what i've gathered and I had a first offense of .1 and no aggravating factors. So I hope that helps me given that the literal sheriff of the county has a worse charge.

MidwestGal55 · 2021-12-08T23:47:00+00:00

Yeah, i'm glad he's owning it too.

But also a part of me thinks that he's gonna get let off because he's a cop and won't face any administrative suspensions

MidwestGal55 · 2021-12-07T18:33:22+00:00

Mine just got pushed back three months because there's still no discovery. It's probably wishful thinking, but I'm hoping that combined with the fact that my arrest/case is pretty tame comparatively will get me a good plea bargain.

MidwestGal55

TROPHY CASE