Criminal Law Questions? Ask a Criminal Lawyer.
Thank you so much for this opportunity to try and be of service to you today.
Wisdom...compassion..empathy. These are more than words for me. They are my promise to you.
I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.
QUESTION: "Is this unlikely or would she stand a fairly good chance of having this happen for her."
ANSWER: First of all, please allow me to say I am sorry both for your daughter and for you as a concerned parent. Here is how this works. It is obviously not a great situation, but it certainly need not be the end of the world for your daughter by any means. Only by actually going through her case will she know the outcome of her particular matter. But, I can tell you the penalty prescribed by law. For a first time offense under circumstances such as you have described, with the key blood alcohol content being .008 or above for a person of her age, you daughter is facing the following adverse consequences: (1) 60 days to six years of driver's license suspension; (2) serious misdemeanor classification crime on her permanent criminal record; (3) up to one year of confinement in jail; and (4) a fine in an amount of up to $1,500. I have listed the maximum, worst case scenario. I do not, however, think it is at all likely your daughter would serve time but rather would most likely be placed on probation. With the benefit of criminal defense counsel, she stands an excellent chance of taking her lumps and moving forward with her life. I commend you for being an obviously caring and concerned parent.
I truly hope all works out for you and your daughter.
If you would like any additional information or have more questions please do not hesitate to ask! Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Bad Service" or "Poor Service", please stop and reply to me via the REPLY button (not RELIST) with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. In rating my work, please realize that I am merely the messenger, meaning I do not write the laws and can only report them to you. Placing a BONUS is a nice way of expressing appreciation and will be most gratefully appreciated to allow me to continue helping customers!
Join thousands of satisfied customers by adding me to your bookmarks/favorites: Just type your future question in the text box to direct it to my personal attention.
Hello again,Thanks for writing back -- good to hear from you.
You are quite welcome -- my pleasure to be of some service!
I will be glad to comment further -- please see below.
Kindly just let me know if you are having any problem with submitting your favorable rating (acceptance) of my answer on the honor system. I would be glad to help out if so or ask our support team for assistance if needed. I mention this only because I have seen some confusion and the last thing I want is to see you encounter any frustration.
QUESTION: "Is it worth it to hire a lawyer with the hope of getting a decision that would allow this not to be on her permanent record or would we just be adding the layer's cost to the fine that she would have to pay."
ANSWER: Yes. Absolutely. Positively. I say so especially due to your daughter's tender age. Failing to zealously assert your daughter's rights could potentially be catastrophic for her future in terms of opportunities throughout the rest of her life. So, in my opinion, there is simply no debate on this point.
Take care and thanks again for choosing our service!Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).