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Brandon M.
Brandon M., Counselor at Law
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I was arressted for a first time Dui two weeks ago and it took

Resolved Question:

I was arressted for a first time Dui two weeks ago and it took the police two weeks to get my bat back and file charges. Can this help me in any way? Aldo I am the sole provider for three children and commute 50 miles for work. Is there any way I can get a bread and butter license before the 60 day period under the pa ard program?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 3 years ago.
Hello there:

do you know what your blood alcohol content was measured to be?
Customer: replied 3 years ago.
.196
Expert:  Brandon M. replied 3 years ago.
Hello again:

with a BAC that high, there is no statutory exception to the minimum 60 day suspension, even on a first-time offense. Usually, the only hope is a plea bargain that allows the defendant to plead to a BAC of .10% or lower.

The two week delay is legally insignificant; in fact, it is not even out of the ordinary.

I wish that I had better news, but the only thing that I can do on this one is confirm what you probably already suspected.

Let me know if I may be of further assistance. Thanks.
Customer: replied 3 years ago.
In my case since I am a single father and would loose my income with this suspension what would I need to do to see if the judge would except a plea bargain? Do you know what other things I might have to concede for this?
Expert:  Brandon M. replied 3 years ago.
The defendant is first offered a plea from the prosecutor. If the plea is acceptable, the defendant pleads "guilty" or "no contest", and the case is closed according to the terms of the agreement. If it is not acceptable to the defendant, the matter is set for a pre-trial conference between the prosecutor, the defendant's attorney, and a judge. The judge may offer a better bargain than the prosecutor as long as the charge stands. If the defendant accepts the judge's offer, the case ends. Otherwise, it goes to trial and the prosecutor must prove guilt.

It is not really an issue of making concessions; it is an issue of what is just under the circumstances. It is also case specific--an appropriate question for the prosecutor or judge would be "what can (the defendant) offer to avoid a license suspension?"
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12237
Experience: Attorney
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