Impaired Driving / DUI Advice

[GreatWhiteEbola]

A lawyers can help with a plea. How were you after you were stopped, were you respectable, answer all their questions honestly, etc? That will go a long way. A lawyer will be able to interpret the case file, there may be something that can help you out.

When I was charged with a DUI, my lawyer arranged a meeting with the arresting officer prior to the trial. Myself and the officer had a good chat and he agreed to help me with a plea. Because I was very respectful. No criminal record (careless driving) and 1 year probation and driving restrictions (no driving 6pm to 7am). I had to take drivers training, and attend AADAC for a week(which was one of the best things to happen to me).

If I had of been convicted of impaired driving, I would have lost my job, and who knows where I would have gone from there, as I was bat##### crazy at the time.

Beyond all that, again my best advice is to never drink and drive again, and prevent those around you from drinking and driving.

[jayswin]

Your best advice is in these last two posts. The worst advice you could take in this thread is the posters early in the thread telling you to "be a man" and accept whatever punishment you get, because you screwed up.

There will be plenty of punishment, as you're finding out, but there's no sense in just laying down and accepting it. Like others have stated, no matter how much money you have to dish out, just do it. losing money>criminal record.

[THE SCUD]

You will never be allowed into the us again unless you get a pardon, etc.

You will likely not get many jobs for the rest of your life

You will be uninsurable for a time, and when you are the rates will be 5-10x normal


GET. A. LAWYER.


Sent from my iPhone4 using Tapatalk

[killer_carlson]

you will be allowed in the US, but it will not be easy and it will cost you a fair bit of time/headache/money to arrange. Same for just about any other country, when you are asked on the form when you land if you've ever been convicted of a crime in your country.

If you need a referral to a crim lawyer who does this area of crim law, PM myself or any of the other several lawyers on the site (Vlad, Troutman, Fredr, amongst others). I don't live in Calgary so it would be an Edmonton referral coming from me, but they may consider taking the case down to Calgary. I'd think you'd want a local guy though, as he'll have a better idea of the crown and the judges.

[Ne7en]

Some really great advice! Thank you. Anyone know the process of speaking with prosecutors about a case? Is this done before entering a plea? Also in regards to obtaining disclosure... are prosecutors obligated to release this information to you before your first court appearance?

[valo403]

Originally Posted by THE SCUD

You will never be allowed into the us again unless you get a pardon, etc.

You will likely not get many jobs for the rest of your life

You will be uninsurable for a time, and when you are the rates will be 5-10x normal


GET. A. LAWYER.


Sent from my iPhone4 using Tapatalk

That first point is completely 100% false

[THE SCUD]

Originally Posted by valo403

That first point is completely 100% false

I know what I am talking about, buddy - trust me - I dealt with this stuff in a prior career for years. It is 100% true. However the above post by killer is correct, you can get a pardon letter from US Immigration that allows you in - but technically, LEGALLY, you are inadmissible.

You'd think I lawyer would know that.

he cannot get on a plane like you and I and fly into the states, he needs to do leg work before to be allowed in, because he is inadmissible.

[valo403]

Originally Posted by THE SCUD

I know what I am talking about, buddy - trust me - I dealt with this stuff in a prior career for years. It is 100% true. However the above post by killer is correct, you can get a pardon letter from US Immigration that allows you in - but technically, LEGALLY, you are inadmissible.

You'd think I lawyer would know that.

he cannot get on a plane like you and I and fly into the states, he needs to do leg work before to be allowed in, because he is inadmissible.

Funny how I went to the US multiple times with a friend of mine who had a DUI conviction, no pardon letter etc. then isn't it?

And your first post was factually incorrect regardless, you do not need to have your charges pardoned before being considered admissible. That's what you wrote. You may endure greater headaches, but you certainly do not need a full pardon.

[burn_this_city]

By old boss had 2 dui's and still went stateside regularily.

[THE SCUD]

Originally Posted by burn_this_city

By old boss had 2 dui's and still went stateside regularily.

1. When was this?

2. Crossing is fine, until they find out you have teh record. It's like speeding, it's not illegal until you're caught

I am talking technically, legally - not "my buddy got across no problem" random situations.

[THE SCUD]

The federal law concerning inadmissibility of aliens into the U.S. is codified at:
8 United States Code § 1182- Inadmissible aliens
http://www4.law.cornell.edu/uscode/8/1182.html

Here is the pertinent part of the code:

Sec. 1182. - Inadmissible aliens
(a) Classes of aliens ineligible for visas or admission
Except as otherwise provided in this chapter, aliens who are
inadmissible under the following paragraphs are ineligible to receive
visas and ineligible to be admitted to the United States:
....
2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general
Except as provided in clause (ii), any alien convicted of, or who
admits having committed, or who admits committing acts which
constitute the essential elements of -
(I)
a crime involving moral turpitude (other than a purely political
offense) or an attempt or conspiracy to commit such a crime, or
(II)
a violation of (or a conspiracy or attempt to violate) any law or
regulation of a State, the United States, or a foreign country
relating to a controlled substance (as defined in section 802 of title
21), is inadmissible."
source:
8 United States Code § 1182- Inadmissible aliens
http://www4.law.cornell.edu/uscode/8/1182.html

DRUNK DRIVING IS CONSIDERED a crime involving moral turpitude in many cases

Thus a US immigration officer has the LEGAL GROUND TO DENY YOU ENTRY TO THE USA. I HAVE SEEN IT HAPPEN DAILY.

[valo403]

Sure they have grounds to deny, but having grounds to deny and "You will never be allowed into the us again unless you get a pardon, etc" are very different things. That statement is incredibly over-broad and not reflective of the reality of the situation.

[burn_this_city]

From what I see there it pertains to people who have been convicted of drug crimes.

[THE SCUD]

Originally Posted by valo403

Sure they have grounds to deny, but having grounds to deny and "You will never be allowed into the us again unless you get a pardon, etc" are very different things. That statement is incredibly over-broad and not reflective of the reality of the situation.

I concede I was a bit broad with my initial comment, but I was trying to drive home the point to the OP that this could have major ramifications for the rest of his life, since he seems dead set on just 'chatting with the prosecutor' and 'taking his lumps'.

Reading through the lines, it appears he doesn't have (or want to spend) the cash to fight this, and I think it's super narrow minded to think about the immediate impact (saving bucks on a lawyer) versus the long term impact a DUI conviction could have on his job prospects, travel head aches and insurance costs - that's all.

[THE SCUD]

Originally Posted by burn_this_city

From what I see there it pertains to people who have been convicted of drug crimes.

DUI's could potentially not be considered a CIMT, however the fact that he broke the law while doing it (as dumb as it sounds, he was doing an illegal turn while drunk), it'd be relatively easy to establish a CIMT argument in the OP's case.

Why risk it? Get a lawyer.

[Ducay]

As another side note to the above "my boss got in situation"

I had a co-worker a few years who got a DUI and he travelled to the states a couple times a year and got through just fine. One time though, he was on his way to a cruise and the border guard denied him entrance based on the aforementioned reasons and he was out thousands of dollars for a useless plane ticket and useless cruise tickets. You're essentially rolling the dice everytime you try and cross the border.

The only "saving grace" is that they have US preclearance @ YYC so he wasn't turned away in the States after flying

[BEANZ]

I can confirm that DUI's will cause serious issues heading into the States. Recently I was at the airport with several co-workers ready to fly to LA for a confrence. One of our sales staff was pulled from line at customs and never returned. He was convicted of a DUI 6 months ago and was denied entry, the officer told him that even with a pardon he could be denied for the rest of his life.

This guy is going to be severly hampered by his conviction and will likely be forced to change jobs over it!

[CaptainCrunch]

Originally Posted by THE SCUD

I concede I was a bit broad with my initial comment, but I was trying to drive home the point to the OP that this could have major ramifications for the rest of his life, since he seems dead set on just 'chatting with the prosecutor' and 'taking his lumps'.

Reading through the lines, it appears he doesn't have (or want to spend) the cash to fight this, and I think it's super narrow minded to think about the immediate impact (saving bucks on a lawyer) versus the long term impact a DUI conviction could have on his job prospects, travel head aches and insurance costs - that's all.

Personally I don't think that I would want to meet with a Crown Prosecutor without a lawyer by my side.

I don't think that the Crown Prosecutor would have your best interest at heart, all he's seeing is quick conviction.

[THE SCUD]

Dear Valo403: In the words of the great Daniel Tosh:

"na-na na-na boo-boo stick your head in doo-doo - I'm better than you"

Just buggin - glad to see more comments showing the real risk to a DUI on your future travel.

[flamesfever]

I have found it is really helpful in life to establish a close, trusting relationship with a lawyer...along with other professionals, like doctor, accountant, investment advisor, minister or priest, etc.

When or if you encounter difficult situations, you are instantly able to call on their services for sound advice and help.

It's probably time to find yourself a good lawyer.