How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FloridaLawyer Your Own Question

FloridaLawyer
FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 741
Experience:  Former State Prosecutor, licensed attorney with active criminal defense practice
11366270
Type Your Criminal Law Question Here...
FloridaLawyer is online now
A new question is answered every 9 seconds

Hello Im pleading guilty at an arraignment hearing on the 14th

Resolved Question:

Im pleading guilty at an arraignment hearing for  OUI - only 0.10 grams of alcohol per 210 L of Breath 001 offense state of Maine. First Offense ever in any state . Will I be incarcerated,how long will they suspend my license,and how much will the fine be and will I have an extended time period to pay it? Should I mention Im resident in Italy and cannot be present for a driving school,as I must fly back to my wife & 5 daughters on the 16th of October,and go to work.Thankyou Tracy Greene
Submitted: 2 years ago.
Category: Criminal Law
Expert:  FloridaLawyer replied 2 years ago.

 

Hello JA Customer,

 

I am an expert here at Just Answer and I would be happy to answer your question.

 

A first offense OUI conviction in Maine carries a mandatory 90 day driver's license suspension, and a $400 fine, plus court costs. There is no mandatory jail sentence for a first offense as long as there were no aggravating circumstances, such as having a BAC level of .15% or greater, or exceeding 30 or more mph over the posted speed limit, or attempting to elude the police, or having a passenger under the age of 21 in the vehicle at the time.

 

If there are aggravating circumstances, there is a 90 day license suspension, a $400 fine, plus court costs, and a mandatory 48 hour jail sentence. If you refused to submit to a chemical test, the minimum jail sentence is 96 hours, and a $500 fine, plus court costs. A refusal also results in an additional 275 day license suspension. If there was a passenger under 21 in the vehicle, you will also face an additional 275 day license suspension.

 

First time offenders will be eligible to request a work restricted license by filing a petition with the Secretary of State as long as you submitted to a chemical and there was not a passenger under the age of 21 in the vehicle. As long as your BAC level was less than .17% your chances of being granted a work restricted license are good.

 

I would definitely mention that you are a resident of Italy and you need to go back home. This will allow the court to modify any necessary conditions of your sentence so that you do not have to remain in the United States because of the charge.

 

I hope this helps, best of luck!

 

If I have answered your question, please click accept so that I can earn credit for my answer.

 

Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 741
Experience: Former State Prosecutor, licensed attorney with active criminal defense practice
FloridaLawyer and other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.