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"Every angel is terrifying": The 2nd Duino Elegy of Reiner Maria Rilke.
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Importing And Buying Cars, Costa Rica
Options, Answers & Info for First-Time Punters
Recently a letter to the editor appeared in the Tico Times, advising people to "Learn From Our Mistakes When Shipping Your Car" (Beedle, 2008). If moving is stressful, then finding your feet in a foreign country can be insane. But it doesn't have to be. Your choices are only as good as the information you have available. Whether you are thinking about shipping a car from overseas or buying one within Costa Rica you need to know and consider the following.
The Basics
What kind of car do you want to buy/import? Are the right parts available here for maintenance and repair? Is the car appropriate for Costa Rican roads, which are often unpaved, potholed, and damaged during the green season? Will you need a vehicle with 4x4? Only you know your individual needs. Meeting them is the next step.
Driving Your Car to Costa Rica
Obviously this is an option and an adventurous one at that. If you drive from the United States you will pass through Mexico, Guatemala, Honduras, El Salvador, and Nicaragua. It is not within the scope of this article to go into detail about all these border crossings, however there is a lot of information you should know if you chose to do this. A good starting point for your research is: www.costaricareisen.com/firmen/autohandel/info_eng.htm.
The Back & Forth
Even if you're just drifting about in a fairly non-committal way, it's better to know the laws instead of finding out the hard way. To renew your visa you must leave the country every 90 days, for 3 days. This is not the same for your car - your car has to stay out for 90 days before it can return. You must also carry with you the original import and visa documents while driving a United States registered car within Costa Rica (Beedle, 2008). Some people think they can leave the country for 72 hours and then bring the same car back in with a different license plate to get new permits. However this is illegal. If you are caught doing this, your car may be confiscated and you can be sent to jail, deported, and banned from Costa Rica for a number of years (Charles Zeller, shiptocostarica@racsa.co.cr, personal communication December 24, 2008). Your car is allowed in Costa Rica for six months before you have to pay any taxes. It doesn't matter which car the country is from, they will just put an extra stamp on your passport for your car. However, from January 1st 2009, Costa Rica will enter into the CAFTA agreement, so perhaps this rule will change (Marielos Meléndez, Lawyer@CostaRicaLawyer.com,personal communication, December 27, 2008).
Shipping
There are many different shipping companies to choose from, so it's definitely worth checking out options to find the best deal. You can start fishing around by submitting quotes online at sites such as:
www.omegashipping.com/carshipping.asp
www.compare-international-movers.com
www.autocarshippers.com
www.abc-movers.com
www.rexcargo.com
www.jetbox.com
Remember to take into consideration costs such as storage, port fees, insurance, documentation, handling charges, customs inspections, demurrages (compensation you have to pay in case there is a loading or unloading delay), delivery etc. Any vehicle you want to ship into Costa Rica must also pass a EPA Smog Test, approved by a Local Consulate from the country of exportation. It is important to find out what your quote includes and what charges will be outstanding. To read a case example of what quotes may entail read Nicolas Ruggia's article "Bringing in Your Four-Wheeled Baby", The Tico Times, May 23 2008. For more information you can contact Charles Zeller by emailing shiptocostarica@racsa.co.cr or by phoning (toll free from USA and Canada) 1-866-245-6923 or (506) 2258-8747.
For information and advice about how to avoid shipping scams see: www.autocarshippers.com/carshippingscam.aspx.
Freight Charges
From the United States, cars are shipped into Puerto Limon. If you drove your car into Costa Rica, or for some reason you don't have a freight bill (a bill of lading), then freight will be calculated as 7% of the market value of your car. Be careful, because this calculation could produce a cost more expensive than what actual freight might have been. If you didn't have freight insurance, customs will figure one out for you by multiplying the sum of the market value and freight by 110%, then they multiply that figure by 1.5% (Howard, 2008).
The Black Book
To establish a value for the car being exported, you need to present the commercial invoice with the purchase value. If you don't have a commercial invoice you have to declare a value. You can't try and be sneaky by just making a value up, as Customs Officers follow a guide - The Black (or Blue) Book. Unless your declared value is within about 3% of what they've established, it will be rejected. The guide lists prices for new and used cars (used cars are defined as any car that is owned/titled). For examples of Canadian and United States evaluations you can visit www.blackbookguides.com.
Also go to www.crautos.com. The site is in Spanish, but don't be put off. Click on the "Blue Book" tab at the top of the page, then click "INGRESAR" ("access"). This brings you to a form where you can enter specifications to get a price estimate. The estimate is drawn from a database of vehicles used in Costa Rica.
Despite these guides, the Costa Rican government often has the final say over car values and may assign higher values to cars than what is quoted in the Book (www.costarica.com/Retirement/Cost-of-Living/Auto-Expenses). "Costa Rican Market Values" are applied by the government by basing values on the selling prices of used vehicles in C.R. Depending on the year and model of your car, this price can be multiplied by between 0.432 - 0.502 to establish the import value. And this is what can make things pricey. For more detailed information and an example of how such calculations can produce high costs see www.1costaricalink.com/elresidente/oo-3-4-2001.htm.
Costs and calculations
You can be stung with high import taxes and duties when importing a car. The Costa Rican government taxes at between 50-80% the value of the CIF (cost + insurance + freight) OR 50-80% the value determined by the Costa Rican Finance Ministry's Car-Tica system (Ruggia, 2008).
Factors taken into consideration when establishing the value include not only the car purchase value and year, but also the model, cubic centimeters, and any vehicle extras. The older your car is, the less it will be taxed (old cars are roughly defined as 10 years or more) (www.vacationcity.com/costa-rica/information/import-export). As of January 1st 2009, regardless of whether you drove your car into Costa Rica or had it shipped, models 2007,2008 and 2009 will be charged 52.9% of the import value at Hacienda. Models 2006 and 2005 are charged 63.7% and anything older is charged 79.03% (Charles Zeller, shiptocostarica@racsa.co.cr, personal communication December 23, 2008).
To get a more accurate idea of what you might be charged, check the government website "Ministerio de Hacienda" at www.hacienda.go.cr/autohacienda/autovalor.aspx. At this site you enter the specifications of your car to come up with a cost. Caution: Sometimes Government websites are out of date and the best thing you can do is ask an expert or official. Another way to obtain an estimate of duties is to send a fax or email to the Association of Residents (arcr@casacanada.net / www.arcr.net) detailing where you want to ship the car from, the car's make, model, serial number (VIN), features, e.g. manual or automatic, air conditioning, power windows, and any other non-standard equipment. You can also email Charles Zeller (contact details under "Shipping a car") and you can contact the National Auto Research by writing to:
2620 Barrett Road,
P.O. Box 758,
Gainsville, GA 30503.
Phone (800) 554-1026 and fax (770) 532-4792
(www.vacationcity.com/costa-rica/information/import-export; Howard, 2008).
Registration & License Plates
After a new car has been brought into the country it's supposed to be registered at the tax office in San Jose within two days (www.costaricareisen.com/firmen/autohandel/info_eng.htm).You can get the paperwork to register it from customs. The cost of registration depends upon the value of your car. Firstly, the papers need to be taken to the vehicle section of the Registro Público, or Public Registry, and then the Ministry of Public Works (Ministerio de Obras Públicas y Transportes). In time you are issued with a placa provisional (temporary paper license plate) by the Public Registry, which you display on your windshield. The paper will probably fade, so attach a photocopy to the windscreen and keep the original in the glove box. You have to watch the expiry date of the paper plates while you're waiting for your permanent metal plates, as you can get a fine (from about 10,000 to 20,000 colones or $20 to $40) if they run out and you don't renew them. You cannot renew your paper license until the day it expires. You have to go back to the Registro Público to have it renewed and there is no charge to do this (Administrator, 2008). Once the metal plates are ready you need to go to the Registro Nacional (National Registry), bringing with you:
Your temporary paper plate,
Title of ownership (título de propiedad),
Yellow registration card (tarjeta de circulación) and…
Your passport or Resident I.D. card (cédula).
Insurance
You can hire somebody to take care of all these processes for you or your dealer will do it.
Visit the National Registry's website (available in English) at www.registronacional.com (Howard, 2008; Lytle, 2008a; Administrator, 2008).
Inspection (RITEVE)
Cars require general maintenance and safety inspections to ensure they are road worthy. In Costa Rica, this is known as the RTV, or RITEVE. In addition to brake, lights, indicator, and wiper checks, exhaust emissions are also examined. Cars less than 5 years old have to be checked every 2 years while older cars are examined annually. The month you need to go for inspection depends upon the last numbers of your license plate, i.e. 1= January, 2= February and so on. Numbers ending in 0 are checked in October and November checks cars 1-5. It pays to book ahead, which you can do through phoning or visiting the website at www.rtv.co.cr. If you go to Google first, the website can be translated into English for you. From the website you can access information such as the location of Inspection Centers, contact information, advice about how to pass the inspection, legislations, appointments, etc. Appointments cost about $20-$30/25,000 colones. It is possible to hire a trusted Tico to take your car to inspection for you. Once you have passed your RTV test, you get an inspection certificate and a sticker on the windshield. required to pay the Marchamo. For further information about the RTV see the government website at www.mopt.go.cr/Reglamentos.html. For more information see www.costarica.com/Retirement/Cost-of-Living/Auto-Expenses and Lytle (2008a).
The Marchamo
The Marchamo is a permit you need to run your car every year. It includes some liability insurance. The price, once again, depends on your car. You can check prices online at http://portal.ins-cr.com/General/Marchamo. All you need to do is click on "Consulte su Marchamo aqua" (Consult your Marchamo here) and enter your vehicle type and license plate number.
You must renew this permit every year sometime between the first of November and the last day of December, but if you want to avoid a headache, don‘t wait till the last minute. If you have outstanding parking and traffic fines you must settle these first and you also need to show proof that you've passed the RTV. When you pay you get a sticker for the windshield. If you haven't paid by the New Year you risk getting a warning, a ticket, or having your car impounded. You can pay Marchamo at MOPT, banks and online with Banco Nacional at www.bncr.fi.cr. For more information see Howard (2008), Lytle (2008a & 2008b), and www.costarica.com/Retirement/Cost-of-Living/Auto-Expenses).
Advantages of owning/importing a car in Costa Rica
• Vehicles retain their value in Costa Rica much longer than they may in other countries. If you bring in an older vehicle and eventually decide to sell it, you can still get a good price to help redeem what you spend getting it here. Keep in mind that this also means if you buy a used car within Costa Rica, prices may be a bit darer than what you could be used to back home (Lytle, 2008b).
• Vehicle repair and maintenance are usually 10-15% cheaper than what you'd pay in the States. Prices vary among locations and workshops, so you can shop around (www.costarica.com/Retirement/Cost-of-Living/Auto-Expenses/).
Disadvantages of owning/importing a car in Costa Rica
• Gasoline can be pricey and you can't shop around because prices are set by the government. Fuel was selling at between $4.40-$5.20 per gallon, late-2008 (www.costarica.com/Retirement/Cost-of-Living/Auto-Expenses/).
• Import duties are not cheap. For example, a $20,000 used car, depending on the age, may cost you from $10,000 - $17,000 in duties (Lytle, 2008b).
• Costa Rica doesn't have all the same makes and models that are available in other countries. You may wish to import a particular vehicle, but if you're not going to be able to find a knowledgeable mechanic and the right parts for your car, you might have to think twice. (Unless importing the car parts is not an issue for you).
• If your car was purchased in the United States (or elsewhere) your warranty and guarentee may not be valid in Costa Rica.
• You run the risk of your car being damaged during shipping.
For more information visit www.vacationcity.com/costa-rica/information/import-export.
Buying a car
If you are on a budget, rather than import, it is generally always more affordable to buy a car within Costa Rica. This can also work to your advantage, as second-hand cars already in the country may be specifically designed to suit the conditions, with appropriate engine tuning, tires, etc. If you want to buy something brand new, it may be more expensive than you'd pay overseas because of the import tax paid to ship it here.
Costa Rican newspapers such as La Nación, La Teja, Diario Extra, and The Tico Times (which is in English) are a good place to start browsing for local prices. Also you can check out the websites www.crautos.com and www.wheelsCR.com. Over four weeks during late-2008, most of the cars advertised for sale in the Tico Times were 4x4 vehicles, particularly Toyota Landcruisers. Apart from Toyotas, other popular brands in Costa Rica include Nissans, Hondas, Suzukis, and Hyundais.
If you can't pay for your car straight off and want to finance it, you need to provide proof of income or a good credit record from within Costa Rica. If you don't have a stable income or haven't been in Costa Rica long enough to establish good credit, you could try getting another resident or citizen to co-sign with you. Failing that, you'll have to put up with higher interest rates (provided you find a dealer who'll finance it for you).
It is imperative that before you sign any papers, you have the car checked out by a proper mechanic - and not the mechanic recommended by the seller. Plus you need to know the car can pass inspection - especially if you are participating in a private sale. After all, you don't want the hassle of hidden costs. Read more at:
www.vacationcity.com/costa-rica/information/import-export
www.therealcostarica.com/moving_to_costa_rica/bring_buy_car.html
www.costarica.com/Retirement/Cost-of-Living/Auto-Expenses
www.livecostarica.net/?q=node/74
Car Insurance
Apart from the liability insurance included in the Marchamo, auto insurance isn't a requirement in Costa Rica. As a result, many people choose to remain uninsured because the worth of their car doesn't justify paying the high fees - if that's the boat you're in, then don't go causing an accident or you will be responsible for damages (www.costarica.com/Retirement/Cost-of-Living/Auto-Expenses).
The Costa Rican government has held a monopoly over insurance for the last 84 years. Cover is sold from National Insurance Institute offices (INS) and foreign insurance usually isn't valid. In October The Tico Times indicated foreign firms could provide cross-border insurance for shipping and air transportation services (TT, Oct 31, pg 15, "Auto Insurance Rates Could go up 14%"), but as for auto insurance the Tico Times reported in November that competition in the auto insurance market won't open up until 2011 (Tico Times, "Agency Rejects Request to Hike Auto Insurance" V.I. Garnica, Nov 21, pg 3).
In the meantime, visitors can get cover from the INS as long as they have a valid drivers license, are at least 18 years old, and haven't overstayed 90 days. If the car has foreign plates only third party damage is covered for the time the car is allowed in the country. If you've financed your car through a dealer, chances are they'll work out a policy for you and incorporate some kind of insurance fee into your re-payments (www.costarica.com/Retirement/Cost-of-Living/Auto-Expenses; Administrator, 2008; Lytle, 2008a & 2008b).
The Law
All you need to legally drive in Costa Rica is a valid drivers license and passport. There is a law known as "The License Plate Rule" which applies in central San José. To help keep traffic under control, days from Monday to Friday are allocated numbers: Monday 1 & 2, Tuesday 3 & 4, Wednesday 5 & 6, Thursday 7 & 8, and Friday 9 & 0. Whichever day the last number of your plate matches is the day you must keep your car off the road (between 6 a.m. and 7 p.m.). If you're caught breaking the rule you can get fined approximately $10 or 5,000 colones. See a map for the restricted area at www.livecostarica.net/?q=node/183.
Recently the government cracked down on traffic violations by increasing fines substantiality. Although a judge reserves the right to replace jail time with community service, the new laws can potentially send drivers to prison for up to 3 years for racing other cars, speeding over 150 km/ph, or driving with a blood-alcohol content of 0.75 grams per liter (a 155 pound man could reach this level by drinking three-four beers over an hour). A merit system has been introduced, in which drivers initially have 50 points. Points are deducted as offenses occur. If you lose all your points, you also lose your license for two years. The crimes and their penalties are listed below (Gillers, 2008):
Causing a fatal accident 6 months 8 years jail
Causing a fatal accident while drunk 3 -15 years jail
Racing against other drivers 1-3 years jail
Driving drunk (BAC 0.75 g/l) 1-3 years jail
Driving tipsy (BAC 0.5 g/l) $410 fine
Driving faster than 150 km/hr 1-3 years jail
Driving faster than 120 km/hr $410 fine
Driving without a valid license or permit $410 fine
Operating a pirate taxi $410 fine
Driving 20 km/hr above speed limit $310 fine
Not wearing a seatbelt $310 fine
Holding a cell phone $310 fine
Ignoring traffic lights or signs $310 fine
Recommendations
Obviously everything talked about above screams "paperwork." However it's not so intense if you hire help along the way. Besides, if you're working with dealers they should be doing it for you anyway. If you believe importing a car is the right option for you, then it's a very good idea to get a good customs broker/agent on your side. Once the car has arrived to the port the agent will do the paperwork for you and calculate the taxes. Once you've paid up you can take your car. This usually takes about two days. You should also consider hiring a bi-lingual lawyer to guide you through the process (e.g. check out www.CostaRicaLawyer.com or email Marielos Melendez - who answered my questions - at Lawyer@CostaRicaLawyer.com). If you're not working with a dealer you will still need the help of a Customs agent to help you plan and prepare… And you need patience! (Lytle, 2008b).
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dui first offense
What You Should Know About Dui/dwi Laws
Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) laws vary according to the state of the offense. The most important factor surrounding any of these laws is that the repercussions are generally steep and severe. Due to the rash of drunken driving fatalities in the past half century or so, most states have enacted harsh penalties for anyone caught drinking and driving.
The DUI laws of each state define a level at which an individual is considered intoxicated. Although these levels may vary slightly, for the most part, this level does not exceed .08 blood alcohol content (BAC). Any individual caught driving with a BAC higher than the state has defined as the point of intoxication may be subject to fines, license suspension or revocation, and even jail time. The severity of the offense and the number of DUI convictions are a primary determinant in the severity of the penalty. Initial offenses may carry a penalty of a fine and mandatory attendance at a DUI traffic school or seminar. Repeat offenders may be subject to more severe penalties up to and including permanent removal of his or her driver's license.
Generally license suspension and revocation occurs for repeat offenders. Most states have implemented a comprehensive system of monitoring the driving privileges for an individual who has had his or her license suspended but who has been granted limited driving rights. These individuals must generally employ the use of a breathalyzer system that has been installed in their vehicle and that locks the ignition if the individual fails the breathalyzer requirements.
Some DUI/DWI convictions can be expunged. Depending on the severity of the conviction and the age of the offender at the time of the conviction, it may be possible to seal the information from public access. In general, this process, and any other issues surrounding a DUI/DWI offense will require the services of an experienced DUI attorney.
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2008 drunk driving facts
Navigating Criminal Misdemeanor Prosecutions in RI- From Arrest to Trial and Possible Expungement
What is a misdemeanor?
A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer. It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
After an arrest will the accused be released from police custody?
If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios. The police could hold the accused and bring him to Court for an arraignment in District Court in the morning. The police also could call a justice of the peace / Bail Commissioner who could arraign the accused at the police station and release the person. The bail commissioner could also set bail in order for the person to be released.
It is usually not advisable for a person to give a statement to the police without a Rhode Island (RI) Criminal Lawyer / attorney. However, there are exceptions to every rule!
The accused who is arraigned by the justice of the peace must still attend a more formal arraignment in District Court after he / she is released from police custody.
BAIL AND ARRAIGNMENT
What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arrainment?
The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo contendere to the criminal charges. These pleas are described in detail below.
Should I take a plea deal at an arraignment without a lawyer?
NO.! It is usually a very bad idea for a person to plea nolo contendere without an attorney at the arraignment. However, there are exceptions to this rule especially if the person will be held as a probation or bail violator. It is usually very strongly advisable that the defendant says not guilty and retains a Rhode Island criminal lawyer. If the accused cannot afford a private criminal attorney they should go to the Rhode Island Public Defender's office.
What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arraignment?
If the accused pleads nolo at the arraignment they will be sentenced to a filing, probation , suspended sentence or jail time. Usually, the accused will work out a plea agreement with the police officer prior to pleading nolo contendere.
What is personal recognizance?
At the arraignment in District Court, the person will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island criminal attorney to represent him/ her at an arraignment. For minor misdemeanor offenses, bail is usually personal recognizance which means the person does not have to come up with any actual funds. A defendant released on personal recognizance, has to promise that they will attend court for future hearings and / or trial. Personal recognizance is designated as an amount of funds. The accused does not actually pay any money! However, If the person fails to attend court in the future the accused will owe that amount of money to the State of Rhode Island.
What is cash bail?
If the Rhode Island (RI ) District Court judge orders cash bail then the accused must pay that amount in cash to be released. If it is cash bail than the defendant cannot post property.
What is bail with surety?
If the person is repeat criminal offender, the allegations are particularly bad, the person has a history of not attending court or for other reasons, then the court could set bail with surety. This means that the person only has to pay 10 percent of that amount or post property valued at full amount. If a person can not come up with ten percent then they can hire a bail bondsman who will post that amount for a fee. a Bail bondsman's fee is usually reasonable. If the person attends all Court dates then they will get that money back at the end of the case.
What happens at an arraignment if I am already on bail, on a one year filing or on probation?
If the person arrested was out on bail for a previous offense, is on probation, is in the midst of a one year filing, suspended sentence or deferred sentence than the judge can hold the person as a"violator" pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business days which could be up to 14 days.
There will be a hearing 10 days later in which the person will be accused of violating probation or bail and also stand trial on the new charges. Please see below for more information
What is the most advisable plea at an arraignment and what happens next?
At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.
PRETRIAL CONFERENCE
What happens at the pretrial conference?
At the pretrial conference a person canchange their plea from not guilty to nolo contendere if they agree to the sentence offered by the prosecutor after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.
A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.
PLEAS
What types of pleas are there in Rhode Island?
In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".
Guilty and Not Guilty Pleas
The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.
Nolo Contendere Plea
Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.
What is the difference between a guilty plea and a nolo contendere plea in Rhode Island?
There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.
All misdemeanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Alfred Pleas
Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.
Guilty Finding after Trial and appeals de novo
If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.
Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal.
APPEAL
Can I appeal if I am found Guilty after Trial?
A defendant has two days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.
PENALTIES AND SENTENCES
What is a "filing" in Rhode Island?
If the defendant takes a not guilty plea or a nolo contendere plea then the case will be "filed" for a year. This is commonly called a "filing". If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed and can be easily expunged from a person's record after the year.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
Violation of conditions of filing
Please note, that a person who has a filing can be held for up to ten busines days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of troubl.
If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.
What implications are there for domestic violence offenses in Rhode Island?
If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate criminal offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
Probation in Rhode Island
If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new adresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.
What is a probation with a suspended sentence in Rhode Island?
If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!
A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.
The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.
Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.
Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.
NO CONTACT ORDERS
No Contact Orders in Rhode Island explained
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defedant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.
A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.
DUI / Drunk Driving charges
In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to sufficient facts" is not a criminal conviction because a breathalyzer refusal is a civil case.
EXPUNGEMENT IN RI
Rhode Island Liberal Expungement Policy & Background Information:
Rhode Island (RI) has some of the most liberal expungement laws in the United States. If you are eligible for an expungement, why not get those menacing and harmful criminal records erased, sealed or destroyed! If a criminal record is expunged you are legally allowed to tell others that you have no record.
This article is an in depth and in detail explanation of Expungement law in RI as of August 2008. Expungement law and policy is in a state of flux. The legislature is attempting to make expungement policy even more liberal, while the governor is trying to make it more difficult to expunge records. Even the Supreme Court of Rhode Island (RI) has recently weighed in on expungment matters. These three branches of government are in disagreement concerning expungement policy.
In order to get a Criminal record expunged in Rhode Island, a motion must be filed and a Court hearing is required. You should contact a Rhode Island Criminal Law Expungement Attorney / Lawyer. It is not advisably to file an expungement without a RI lawyer.
Expungement of Dismissed records:
The general rule is that dismissed criminal charges (48a) can always be expunged unless the person has a prior felony conviction. This portion of the statute uses the standard definition of a conviction- a fine, suspended sentence or jail.
Should dismissed charges be expunged
Many people don't realize that records of alleged crimes that are dismissed should be expunged / erased. Even though the case was dismissed, there is still an indication on the Rhode Island criminal computer records and on your Bureau of Criminal Identification (BCI) report that you were charged with the criminal offense.
The public can easily view the dismissed records and other rhode Island criminal records online by googling "rhode island criminal records"-Many people will assume that you did something wrong even if the case was dismissed. Some people will assume that you just "got off on a technicality" or that you are a bad character by the very fact that you were charged. A criminal record could effect your ability to secure employment and often is required to be disclosed on an employment application. A criminal record could also effect your ability to obtain government benefits or a employee promotion.
Are there dismissed charges that cannot be expunged immediately?
A dismissed charge may not be able to be expunged if the related charges cannot be expunged. For example, if you were charged with three offenses related to the same incident and 2 were dismissed but the third you recieved a sentence of probation. You would have to wait until the probation charge could be expunged until the other dismissed charges could also be expunged. The reason for this is because you cannot destroy portions of a file! I believe the primary reason for this rule is because it is logistically impossible to expunge a charge when there are other records in a related incident that cannot be expunged.
For example, John was charged with domestic assault, failure to relinquish telephone and disorderly conduct arising out of a domestic dispute with his wife related to their pending divorce. John received probation on the disorderly conduct. The assault and failure to relinquish phone charges were dismissed. John would not be allowed to expunge the two dismissed charges and would need to wait five years after completion of the probation to dismiss all the charges.
Expungement of Not Guilty findings.
The general rule is that not guilty findings after trial by a judge or jury can be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged.-Pursuant to Rhode Island Law the following types of cases can always be expunged: Dismissals, No information, Not Guilty.
Expungement of one year filings
A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.
A domestic filing such as domestic assault, domestic failure to relinquish telephone or domestic disorderly conduct cannot be expunged for three years. A domestic offense involves the victim as a wife, family member or someone who the accused has been in a substantive dating relationship with.
If a person gets in further trouble during the filing period then the person may be "violated" and the person sentenced again for violating the filing. A person must be very careful to stay out of trouble during the filing period. If the person is charged with a new crime, the person will be brought before the Court as a violator as well as charged with a new crime.
At the initial arraignment, a person with a filing will probably be violated and can be held for 10 days in jail without a hearing.-If the person takes a plea deal on the violation of the filing or probation and a plea agreement on the new charge then neither of the charges can be exunged.
If a person is not violated during the filing period then a filing can be expunged even if there are other offenses after the filing.
Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General 's office, the Rhode Island State Police and the local police department that pursued the criminal charge.Remember, Under RI Criminal Law, A plea of nolo contendere with a filing and no fine is never a conviction.
Expungement or convictions, suspended sentences, deferred sentences, jail sentences or probation
A misdemeanor or felony conviction is any sentence with a fine, suspended sentence or period of incarceration. Even though probation or a deferred sentence do not constitute convictions under Rhode Island Law they are treated the same way as convictions for expungement purposes.
A misdemeanor case with the following sentence can be expunged five years after the completion of the sentence or probationary period: probation, suspended sentence, deferred sentence, stayed sentence, fine, jail.
A felony conviction, suspended sentence or probation / deferred sentence can be expunged ten years after the completion of the sentence or probationary period. Under the current state of Rhode Island law you cannot have any conviction, suspended sentence , fine or probation expunged if you have another conviction, suspended sentence , fine or probation on your record.
Expungement of felony deferred sentences
Pursuant to a recent supreme Court case, deferred sentences are treated the same way as convictions for expungement purposes. If a person receives a 5 year deferred sentence on a felony charge, the person is not eligible to have the charge expunged until 10 years after the deferred sentence has concluded.
This new rule is very unfair because judges and attorneys have been advising defendants that after a 5 year deferred sentence that they would be able to get the record expunged. Now the Supreme Court is pulling the rug out from underneath people who were promised that their deferred sentence could be expunged when they finished their sentence. Please note that the Rhode Island legislature was recently attempting to make it easier to expunge deferred sentences but this legislation was recently veteod by the governor.
Crimes of Violence issues
Certain crimes of violence can never be expunged and R.I.G.L § 12-1.3-1. states:-"Crime of violence" includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.
Noticeable absent from the definition of crimes of violence is "assault." It could be argued that assault is not a crime of violence as it relates to expungement. If the legislature intended that assault could not be expunged they would have included it in the list.
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.
David Slepkow is a Rhode Island lawyer concentrating in criminal law, dui / dwi, breathalyzer refusals, restrianing orders/ no contact orders, divorce, family law, child custody / support / visitation and personal injury.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support,custody and visitation. David has been practicing for over 9 years and is licensed in rhode Island , Massachusetts and Federal Court.
About the Author
David Slepkow is a Rhode Island Criminal law, dui, divorce, personal injury, automobile accident & family law lawyer. http://www.slepkowlaw.com
David Slepkow offers free initial consultations and accepts all major credit cards. For more useful information concerning Rhode Island Criminal Law and dui please go to: http://www.slepkowlaw.com/refusal.htm
For a list of law articles written by David Slepkow www.slepkowlaw.com/ri-law.htm
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Staying Sober Can Drive You to Drink-anxiety of Alcoholic Relapse Can be a Killer
Google the word Alcoholism and you will get 25,400,000 search results. Addiction of Alcohol and Symptoms of Anxiety Depression can reduce the toughest person to a babbling wreck. Anxiety of Alcoholic relapse is a real factor in your quest to remain sober. Stop anybody in the street and ask them what they associate with the word Alcoholism and the answers will more than likely include the replies, hitting rock bottom,detox, down and out, addiction, messed up life, homelessness, crime blah blah blah. Pay a little more attention and do your research and you can find out that when you drive at night one out of seven drivers on the road are legally drunk. The Medical Research Council states that alcohol abuse costs the South African economy around R9 billion a year and half of all murders are the result of drunkenness. The stats are never-ending and cover all aspects of South African society from child abuse to pedestrian deaths, home violence and the tragic cases of childbirth defects. Almost all events that you consider bad news probably have to a certain degree alcohol involved somewhere or other.
However on the inevitable other side of the coin, studies have found that the use of alcohol has significant advantages in the general treatment of stress, heart disease and related illnesses. Add to this the economic benefits of a massive industry contributing to the nations wealth and job creation and we almost have a stalemate.
Into this balancing act comes the plight of the individual. Somebody once said, and the name escapes me now, that there are stats, more stats and then there is damn lies. But there is no doubt in my mind that this is a problem that has to be looked at very carefully. The general consensus is that approximately 1 in 17 people over the age of 15 years are predisposed to the potentially fatal illness of Alcoholism. Another frightening stat holds the premise that only 1 in 37 diagnosed Alcoholics ever make a full recovery over the long-term. Food for thought indeed.
A few years ago I went through the ordeal and horrors of acute alcoholism. I was one of the fortunate ones. I survived though the grace of God, the love and compassion of my loved ones and friends and the skill and care of the medical profession. I went on to write a feature article for Mens Health which turned out to be my heartfelt account of my spiral into a dark world of despair, desperation and depression.The article itself contained nothing new for students of this silent killer disease. Started drinking. drunk more, made excuses, raged at the world in general, got drunker, screwed up everything dear to me, approached death, ruined my body and my mind and finally thankfully collapsed and went to hospital and dried out . The reaction to my "Unhappy Hour" article was overwhelming. I was soon to realize that this was an epidemic spinning out of control. I was definitely not alone.
I went on to regain my self-esteem and rebuild my life. A close call that many people do not make it out of and then have the luxury sitting and looking back as I have.So now there I sat congratulating myself on beating the odds. Now what?
Well to be brutally honest "now what" involved a new phase of my life that would require me to bite the bullet all over again, except this time this was not going to be solved with a 10 day detox and sleep therapy, in some overpriced private hospital. My Doctors words started to resonate in my brain. " It's simple Alan, do not drink again and you'll be fine. Drink, you'll die"
That was it in plain English. The only problem was that I was having a problem coming to terms with that concept. Let me get this straight. I was 45 years old and let's say I lived until 80. 80 minus 45 gives you 35 years. A long, long time in anybodies world. That's a hell of a lot of braais, weddings, celebrations, bad days, shit bosses, traffic jams, disappointments, closing deals and watching the Boks beat the All Blacks and Chuck Norris 50- nil. Maybe the medical guys had made a mistake. Maybe I was not an alcoholic. Maybe, maybe, maybe. Time was to prove them right. I had not beaten the odds. Eighteen months later on one particular bleak July day in a not so sunny Margate I sunk a bottle of my favourite hard tack and ended up in the emergency room waiting for a stomach pump. For some obscure reason only known to the big guy upstairs I made it out of the hole again. As my relationship, business and health were back on the line once again, I finally made the decision. My version of mothers milk had to part company and this time for good.
I had now became a member of a club that nobody in their right mind wants to join. Serving a life sentence with no parole. The medical advice now became quite specific. Not a drop of alcohol to pass my lips. The 6% or so of us who have this defective gene are advised to not take the chance of alcohol entering our system in any form whatsoever. This unnamed and undetectable gene sends us types dilly and as a result we cannot have a few dops after work or at the weekend just in case we go berserk and drink ourselves into an early grave.
Once I had heard my sentence I now had to work out how to serve it. I've read that real prisoners talk about "hard and soft time". It was at this time that I had an "Oprah" moment. I got it. Regret is too mild a description. I had screwed up big time and now was going to have to pay for it. Big time. Hospitalization had ridden me of my withdrawal symptoms but now I had to deal with the mind games.
The public at large are no doubt familiar with Alcoholics Anonymous and the sterling work that they do to help those unfortunates stricken with this potentially fatal disease. Day by day is their anthem. Most of us initially fight against this prognosis dished up to us and truly believe that we will beat the odds. We start to think that maybe they had got it wrong. Maybe I can have a break and start again. Here came those dam maybes again. So, for many, starts the so-called falling off the wagon and then having to pick yourself up again. But the awful reality is that " they" were more than likely right and you have to make a plan. Somewhere,sometime I came across a quote from one of those old guys in the good old days. I think it was the American poet Robert Frost. As he sat in the countryside he came up with something that, for me summons up this whole fight with alcoholism -
"Two roads diverged in the woods. I took the one less traveled, and it made all the difference."
The difference here is to stay sober even if it kills you.
After leaving the hospital my body gradually began to heal. It desperately needed to. For all those out there who want to hear a few good reasons to not reach the chronic stage of alcoholism and what I like to call the " last legs" phase, here are a few. They are not pretty but they are a reality. They will happen eventually. If you are strong, lucky or just have an angel looking after you you might one day survive to talk about it. If not, have a nice trip.
This phase lasts a few days, weeks or months, depending on your constitution. It is a slide into hell rendering you powerless to prevent an existence on the edge of a gaping black hole. I kid you not. The blood vessels in my eyes started to implode. My legs were uncontrollable and went on a mission of their own. I had no visible veins left. To this day I can only guess what the green gunge spewing out of me was. Medically my liver and kidneys had almost called it a day . There seemed to be no difference between my sleep and my waking hours. I drifted between paranoia, hallucinations and voices in my ear. The phrase "dead man walking" definitely springs to mind.
Within a month or so from leaving the hospital my body started to get it's act together. Every day I got stronger and began to look human again. I rediscovered the glory of food. During the last 20 days prior to my treatment I had eaten nothing at all. It was impossible to keep anything down. I went back to work and generally lived a normal life. Initially I was pre-occupied with just getting my life back in working order but in time that dreaded word for alcoholics, craving, reared it's ugly head. They creep into your life at the most innocuous times and can be the ruination of many good intentions. Coupled with this new threat was a new idea slowly forming that basically questioned the fairness of this whole " new normal" for me. Why me? Was there something wrong with me? Unfortunately these questions have the same meaning as asking how long is a piece of string? Your Anxiety of the future and your Addiction of the Mind and Body can be real threats to your sobriety. The stories of Alcoholic Recovery are statistically possible. Keep a close watch on the cravings and those deadly symptoms of anxiety depression and you can make it.
If you sat down with 10 Doctors and Psychologists you might get 10 different answers to why some of us are alcoholics and others can get vrot drunk from time to time and continue living a normal life. The bad news is that medical science is divided on the answers. There could be a defective gene, it might be hereditary, neurotransmitters in the brain have got their wires crossed or it could be due to an addictive personality. What is a known fact is that there is no simple test to determine your risk of developing full blown alcoholism. The medical guys have a nice expression which basically says that you have crossed the line. You will not even know that you are approaching that line and you cross it oblivious to the fact that you are about to turn your life upside down. Realistically it is a subjective call that finally condemns you to carrying the label, "alcoholic" around with you for the rest of your life. That call is mostly based on your alcohol intake and your general functionality in your day to day activities. Not a full-proof system and one that has no appeal to the alkie contesting their life sentence. But in the hands of an experienced practitioner you can be sure that they have, for all intensive purposes called it right.
It is probably this uncertainty that leads many of us to question our label and in most cases to chance your arm with a few dops. Bad idea guys. You will create history if you do manage to beat the odds. A blind acceptance of your fate is probably a good start to a long lasting "cure". Falling off the wagon is another phrase that we are all familiar with. It happens. In fact the majority of labeled alkies will fall off at some point. The trick is to pick yourself up. I have had the privilege and pleasure over the last few years to consul others and the "fallen hero" syndrome is never far away from your thoughts.Today I can help you but tomorrow is another day.
There is a wide range of support groups out there who are only too willing to come to your aid. The well known AlcoholicsAnonymous exist solely to help those battling with this killer disease. And a huge bonus is the fact that they are free. Staffed by men and woman who have beaten this monster, this is a good start to cleaning your act up. Like many support groups dedicated to this illness their counselors have been there, done that and got the T-shirt. Listen to them and they will pull you out of the black hole that you find yourself in.
After almost coming to terms with your label we come to the crux of this whole sad scenario. How in the hell am I going to not drink ever again? Four words. IT IS NOT EASY. We live in a world surrounded by alcohol. Just look around you. Unlike illegal drugs there is a bottle store on every corner. Hell nowadays when you pop in to buy your bread and milk net on die hoek you are confronted by rows and rows of bottles of my favourite poison. Newspapers, T.V. radio and magazines bombard you the whole time. Smoking has become a no-no but alcohol has crept into our nations psyche. I mean our national sports teams are financed by the giants of the liquor industry. Oh look there's Graeme Smith, he's definitely the king of the "castle". In their effort to sell the product they go to great lengths to glamorize life with a dop by your side. Our basic socialization teaches us from a very early age that no event is complete without the requisite alcohol intake. When did you last go to a wedding, promotion party, simple family braai or just plain get-together after work and you all drunk mineral water. You could probably count them on one hand.
And these are the happy events. What about the fight with the wife, the retrenchment, the death of a loved one, losing that big deal or just feeling pissed off with life. Alcohol used and not abused is a feature of our fast and modern times. To sit and consider that it is no longer part of your life requires a 360 degree turnaround in your way of thinking. It is no help to try and demonize alcohol. Sure it is probably responsible in one way or other for much of the carnage on our roads, our ridiculous crime levels and the ever increasing women and child abuse in the new South Africa. But there is another side of the coin. Who can deny that a couple of cold ones after a bad day at the office rests the brain. That warm comfortable feeling at the family braai so that even Uncle Flip's nonsense starts to make logical. That awkward corporate do when suddenly Mr. Jones from Regional office does not seem such a prick after all. In all these instances it does not matter that the whole lot of you cannot sentence two strings together. You are relaxed, feeling good and life is not so bad after all.
Besides the physical presence of alcohol around you all the time "club members" have to have eyes in the back of their heads. There are many side-shows that can trip you up. Days after coming out of hospital my better half Mary out of the goodness of her heart decided to buy me an extremely expensive vitamin boosted drink. The object was to get my wasted body back on track. A couple of days later I started to feel as though I needed a drink badly. On investigation with my pharmacist I was informed that it contained elements of ethanol. Enough to make my recently sodden brain recognize that this was an old friend calling again. A close call. As a recovering and sober alcoholic there are many instances when you are tested. Alcohol is a sneaky bastard and pops up in the most unusual places, usually unannounced. Christmas Day and as the restaurant clientele get stuck into their much awaited Xmas pudding , you have to take a rain-cheque. Sorry too much brandy in that one. Mouthwash, sports vitamin drinks, low alcohol beer, even some deodorants can get those brain cells craving all over again. It is very much a case of treading softly and making sure that you avoid even the smallest amount of alcohol. Modern psychology has more or less worked out that the brain is like a camera and records many of your memories. It is like a computer with 100,000GB of memory. The memory of your drunken stupors are recorded and are easily activated. So watch it.
Every sober alcoholic has to find his own individual way to deal with his life sentence. I took the middle road of evasive action. I buy wine for my better half. I will feel comfortable in small groups of friends and family who are drinking at a social event. I draw the line at large gatherings. Later in the evening I feel alienated and isolated. As the brews flow I do start to feel uneasy. It is just my way. It is for the individual to work out what works best. For me in a world swimming in alcohol I made the decision to have it around in small doses. A s they say in the classics- whatever floats your boat. Nobody starts out with the intention of becoming an alkie and that magical line creeps up on us unannounced. Beware though once you are labeled your life takes a definite downturn. It is really best to try and head off that day. You all know if a problem is developing. Deep down you now need alcohol rather than want it. The body and mind now require just to give you a shot at getting through the day. What started out as a fun way to relieve tension and stress or just to have a good time is now a preoccupation. Without it you become one sick camper. Body sweats, nausea, shaking, mental confusion and generally one screwed-up constitution are the byproducts of even a few hours abstinence. Take it from someone who has been there, do not go there. Stop it before you wake up one day and suddenly your daily dop is your master. Stop it before your every waking moment revolves around the next drink. It happens so fast and the next minute you become a member of that "club" that nobody wants to join. Have fun with your drink but do not let it become your everything. Take advice from family, friends and work colleagues. They will be noticing your slide way before you will admit to a problem.
Then again the whole question of how to get treatment is fraught with difficulties. A good starting base would be your family G.P. Try and choose somebody who regularly deals with this type of problem. It really does help to actually like the individual. Another base to touch is a Psychologist. I went through numerous Psychologists until I finally found one that I felt comfortable with. Alcoholics by the very secretive nature of their illness are very convincing liars and spend most of their time in self-denial. Modern research has concluded that alcoholism and acute depression co-exist in most cases. The burning question to sort out is" are you drinking because you are depressed or are you depressed because you are drinking". A tricky one but the type of issue a compassionate and experienced G.P. and Psychologist can get to grips with. I will never forget coming out of a session with a Psychiatrist, climbing into the car and proclaiming to Mary that the guy was a nutcase who needed help more than I did. Sad but true. In my confusion I had started to lose the plot.
The range of treatments depend on how long you have been on the slide and your mental and physical state. From simple counseling, anti-depressants to sleep therapy and if the depression is severe and life threatening, the last resort treatment of Shock Therapy. But ultimately the day will arrive when you are on your own and it is time to bite the bullet. Total, absolute and never-ending abstinence is the only route to go. Statistically the odds of you beating the odds are for all intensive purposes, one big fat zero.
Some days are worse than others. The usual and normal day to day activities of everyday life present you with many occasions when a couple of cold ones seems like the answer. Your slide into acute alcoholism followed by your treatment phase will eventually become a distant memory. The days,weeks, months and years of trying to stay sober will be your new reality. Once again I would like to quote another old guy who probably knew what he was talking about. During the dark days of World War Two when his island was been threatened by the ever-growing menace of Nazism, Winston Churchill, who by all accounts liked the odd dram, declared,
"If you are going through hell, keep going"
Better advice was never given. Anxiety of relapsing and your Addiction of Alcoholic substances can increase your potential vulnerability. Add in the symptoms of anxiety depression and you have a lethal combination. Turn your greatest weakness into your greatest strength. As I wrote in my article a couple of years ago, you are definitely not alone.
About the Author
Middle aged Estate Agent from Margate South Africa. Suffered through Alcoholism and Depression and now like to write about them.Full story at http://alcoholism-alifesentence.blogspot.com
Feel free to Email me at alanbutterworth@telkomsa.net
Michael Savage-Muslim Attention Deficit Disorder MADD
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