On Drunk Driving, The Law, And Insufficient Optimism

I'm not being retained in a case because I'm apparently insufficiently optimistic. Either that, or the silly bint can't pay the retainer.

The story:

Our hapless stupid criminal of the day relays it thusly:

She was driving home from a family gathering at night, was "almost" home and was pulled over and then charged with operating while intoxicated after blowing a .12.

Of course, she did this in the 48th District. She also did this with police that know exactly what they're doing so they tend to produce solid cases when it comes to drunk drivers.

The 48th pretty much has a set policy that if you're caught drinking and driving within said district, you will do some jail time.

Since I live in the 48th District, I personally approve of such penalties to get the point across, considering I really don't want drunk drivers motoring along where I live, and .12 is nothing to sneeze at.

She seems to not be taking this seriously and acts like it's no big and just bad luck the officer caught her.

That attitude is really going to get her far.

Did I mention she has 13, yes 13 previous moving violations in the past 7 years, with the last one reduced from a 3 point to a 1 point offense last Friday, but this is her first criminal offense?

I then relate what will likely happen - jail - and some level of license restriction, and given how she described it, it appears to be a valid stop and failing seeing something in discovery we're going to need to try and plead it down as much as possible and do damage control.

I name a pretty reasonable retainer fee and that I will work hard to get her the best deal possible but there is a strong likelihood of some amount of jail time here.

She first asks if she can do the retainer on a payment plan. No, that's really not how it works.

She then asks if I can't just turn it into a civil infraction and make it all go away, since it's her first offense.

I state that is highly unlikely to the point of not happening period. 48th District judges will not accept that kind of resolution for a drunk driving offense, prosecutors there also don't agree to that, with her driving record, good luck wirth even trying for it. If she happened to pull the judge I suspect she did, since she doesn't have her notice to appear handy, it's really not happening and jail in fact will happen, period.

She then states that I'm not being optimistic enough for her and she's a nurse and she needs to be able to drive for work and shouldn't be going to jail.

I state I'm being realistic and refuse to promise what cannot be delivered. I note we will work hard to reduce it to an operating while impaired charge. OWI has a lesser license restrictions that would still let her drive to work and has a lesser fine and jail time, but warn her again that jail is likely based on how much she blew and where she did it.

She starts arguing and talking over me in a very entitled way about how I'm not optimistic enough and should be working to make it all go away for her and should be acceptiong a payment plan for the retainer, cause it ain' her fault an she wuz almos' home, so no big deal, right?

I state I deal in reality, not fantasy, and that she may want to consult another lawyer if that's how she wants to go.

Yep, not getting retained on that one.