Need advice concerning drunk driving charge please!

[gnilrac]

Hi,I really need some advice concerning a drunk driving charge,please.I was pulled off at a roadblock and yes,I had drunk two 750ml bottles of beer.I was breathalysed,arrested and blood samples taken.Spent nite in jail and was released on bail next day.I appeared yesterday 25 nov 2015 before a judge,my first offence.The blood report was not available yet and judge postponed the case to 1feb 2016.The judge advised me to get a lawyer and referred me to a lawyer present in the court.After speaking to her she said she will appear with me at the next hearing at a cost of R1500!!
Do I really need to appoint this lawyer or could I be getting a worse sentence without her?
I was under the impression that I would pay a fine off plus maybe community service and that's it.
What are common sentences in this regard?
Oh and there was a lot of comments concerning a trip to pollsmoor if I don't have the fine money readily available at my hearing!
Please someone shed some light on this as I can't even have a beer without worrying

 

[R13...]

In general, no one ever gets a custodial sentence for drunk driving, but having a lawyer helps. Best get your own lawyer, one you can sit down with and discuss the likely scenarios with prior to your appearance.

 

[PostmanPot]

Hi,I really need some advice concerning a drunk driving charge,please.I was pulled off at a roadblock and yes,I had drunk two 750ml bottles of beer.I was breathalysed,arrested and blood samples taken.Spent nite in jail and was released on bail next day.I appeared yesterday 25 nov 2015 before a judge,my first offence.The blood report was not available yet and judge postponed the case to 1feb 2016.The judge advised me to get a lawyer and referred me to a lawyer present in the court.After speaking to her she said she will appear with me at the next hearing at a cost of R1500!!
Do I really need to appoint this lawyer or could I be getting a worse sentence without her?
I was under the impression that I would pay a fine off plus maybe community service and that's it.
What are common sentences in this regard?
Oh and there was a lot of comments concerning a trip to pollsmoor if I don't have the fine money readily available at my hearing!
Please someone shed some light on this as I can't even have a beer without worrying

You don't need a lawyer to appear with you. Go and speak to one for half an hour, and they'll tell you what to say when you appear alone.

You will be sent for an assessment by a social worker. If eligible, which you probably will be, you will be diverted to NICRO for a few sessions of group counselling, and then community service. Your name will then be cleared.

Any decent lawyer would know about first time offenders (who had low to medium blood-alcohol levels) and NICRO.

 

[B@rrels]

A few years ago I was also caught at a roadblock in Durban,had blood tests etc and let go to appear later.A lady lawyer who was an ex-prosecutor got me off because blood sample had not arrived by the second hearing and had case thrown out of court......but a year later on New Years day cops came to house and said the case had been reopened because of the high blood test.Back to the same lady and back to court again.She found a flaw in the arresting officers statement something to do with time I was arrested was not correct and got thrown out of court again...phew.Cost me an extra R1500 for that..
So,get a decent lawyer.

 

[Toothless]

Hi,I really need some advice concerning a drunk driving charge,please.I was pulled off at a roadblock and yes,I had drunk two 750ml bottles of beer.I was breathalysed,arrested and blood samples taken.Spent nite in jail and was released on bail next day.I appeared yesterday 25 nov 2015 before a judge,my first offence.The blood report was not available yet and judge postponed the case to 1feb 2016.The judge advised me to get a lawyer and referred me to a lawyer present in the court.After speaking to her she said she will appear with me at the next hearing at a cost of R1500!!
Do I really need to appoint this lawyer or could I be getting a worse sentence without her?
I was under the impression that I would pay a fine off plus maybe community service and that's it.
What are common sentences in this regard?
Oh and there was a lot of comments concerning a trip to pollsmoor if I don't have the fine money readily available at my hearing!
Please someone shed some light on this as I can't even have a beer without worrying

First off, like others said, you do not need a lawyer to represent you and you are free to do this yourself. However, that would be very stupid to take on the system without proper legal representation.

Yes, generally you will not get a direct imprisonment sentence for drunk driving as a first offender. But, you cannot exclude this, as the law does in fact allow direct imprisonment for first offenders. You may, however, get a very hefty fine, suspended sentence as well as community service, as you said. But, in addition to this, they are free to suspend your drivers' license as a first offender too, depending on the blood results.

You will need someone with proper legal experience to represent you in court to minimize any sentence that is about to come your way. It is not only about a fine and some community service. There are much more to this.

If you do not want to pay a lawyer, ask for free representation from the legal board. Not the best attorneys, but they will at least ensure that you do not get the book thrown at you with everything they got.

As for your last sentence, no you cannot have a beer without worrying. The laws are there and one need to abide them or just simply risk the chance of prosecution.

 

[PostmanPot]

Yes, generally you will not get a direct imprisonment sentence for drunk driving as a first offender. But, you cannot exclude this, as the law does in fact allow direct imprisonment for first offenders. You may, however, get a very hefty fine, suspended sentence as well as community service, as you said. But, in addition to this, they are free to suspend your drivers' license as a first offender too, depending on the blood results.

OP, please do not worry about this. Most people are unfamiliar about how modern DUI cases work.

 

[reactor_sa]

Go directly to jail, do not pass begin, do not collect R200!

 

[lexor]

Did the "judge" refer you to a Legal Aid lawyer or a private one ?

A Legal Aid lawyer is supposed to be free .

1st wait for your alcohol report - case might not go to court for trial if your alcohol limit was low. Just speak to prosecutor and ask for it.

 

[Rocket-Boy]

A few years ago I was also caught at a roadblock in Durban,had blood tests etc and let go to appear later.A lady lawyer who was an ex-prosecutor got me off because blood sample had not arrived by the second hearing and had case thrown out of court......but a year later on New Years day cops came to house and said the case had been reopened because of the high blood test.Back to the same lady and back to court again.She found a flaw in the arresting officers statement something to do with time I was arrested was not correct and got thrown out of court again...phew.Cost me an extra R1500 for that..
So,get a decent lawyer.

So you got off from being very drunk on technicalities.
Shows how many flaws there are in our legal system.

 

[crackersa]

I hope some lessons were learned here

 

[DominionZA]

Similar situation for me many years back. 3 beers and was arrested.

Judge gave me a 5 year suspended sentence and no fine. First and only offence. No lawyer.

 

[PostmanPot]

Similar situation for me many years back. 3 beers and was arrested.

Judge gave me a 5 year suspended sentence and no fine. First and only offence. No lawyer.

Though they are policing more nowadays, the outcome is lighter for first time offenders who aren't too hammered.

 

[Mimen]

Just never ever sign am admission of guilt. It is an immediate criminal record! You aslo will never be able to emigrate.