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What points need to be addressed when writing a character letter to the court in reference to a DUI per se charge?
Anonymous2 views3 answers
I have been charged with a DUI per se and careless driving. I blew a .148, and I also hit 2 cars. I am asking my professional contacts and friends to write letters of my character to the court in my defense. What should the letters entail, other than how they know me, how long they have known me, and my character traits. Also, it is a bad idea for them to write that we have a history of going out but I always choose not to drive? And if the person has known me and of my family for 2/3 of my life is it appropriate to write about the severe dysfunction that I was raised in and how I have overcome many obstacles that were out of my control? I also have a public intox on my record that was reduced from a DWAI, should my character letters acknowledge that they are aware of that?
You should ask them to write the letters in draft form without suggesting what they should write. Otherwise, it will be apparent to the Judge that they were instructed what to say as they all will look the same. You can edit out anything that you do not feel comfortable with. I don't think they should mention anything about you history together surrounding alcohol. They can mention that in their experience this event seemed out of character, you are usually a responsible person, you learned from this experience, and you are addressing you mistake.
My friend, Gary,is right on the mark. Usually, it is best to let them write the letters in a draft form and you and your attorney can edit the portions that may not help you or your case. The letters must not only be authentic but must so appear to the Judge. Judges have seen a whole lot of letters and are able to detect "canned" letters which will not only not help you but may in fact actually hurt you. Let these contacts write from their heart and try to also speak to the Judge's heart and mind.
These letters must be honest, candid and balanced to make them real. It is only when the Judge believes these letters to be real will the Judge be able to evaluate the letters and this will effect the weight and consideration the Judge will give.
Best of Luck
The content of the letters may be different depending on the purpose they are being presented. For example if the letter is being presented for bail or O.R. Purposes vs. Sentencing following a plea.
