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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91860
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Son has a few moving violations (before and after age 18),

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Son has a few moving violations (before and after age 18), actually just paid off one yesterday. Just turned 19. This am on way home, ran into a few mailboxes and fire hydrant (damaged it) and came home to tell me about it and next thing we know police were at door. They smelled alcohol on his breathe but did not put DUI on ticket, perhaps alcohol breathe will be on report. Charged him with leaving scene of accident with property damage. I see online he can be fined $500 and up to 60 days in prison. He made a horrible mistake, choice and I think he will never, ever do this again (hoping I am right). What can be done to prevent jail? He has been trying to get in the military the last 2 weeks. He scored really high on the (ASVAB) military test. He hates himself right now. He has not had luck the last few years (dad leaving, several trucks going bad on him, both grandfathers dying, etc., etc.). Anyway, I just know this opened his eyes. He says he was not drunk. He said he was actually texting when it happened. He is mad because I tell him all the time not to do that. Is going to an attorney going to help prevent him from staying out of jail? What about points? He wants to join the military so bad. He did not mean to leave the scene. He got scared and upset, came to tell me and to see what he should do but did not get a chance to tell me much because the police showed up so fast.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
He is going to have a problem here even if the officer did not charge him DUI because he can be charged with minor in possession of alcohol on top of the failing to report the accident and if he is then he could lose his license for up to one year for this as well as the 60 days in jail (which realistically they generally do not send someone like your son to jail on the first offense). But PLEASE, do your son a favor and do not make excuses for him ("he has not had luck the last few years" "I know it opened his eyes" "he didn't mean to do it) because this merely enables him by giving him excuses. Yes, I am sure you believe he will not do anything like this again and hopefully you are correct and he will not do anything like this and in many cases your belief would be correct. He needs to take responsibility for his actions without any excuses. It happened and he needs to look at why it happened, he can be mad at you all he wants, you need to drive home with him why it happened and if the judge sees he has take accountability for the actions without excuses, this generally makes it easier on him. An attorney in most cases can negotiate with the prosecution to get a deferred adjudication with probation (especially since he is going into the military) where this will not go on his record.

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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91860
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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