My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm very sorry to hear about your situation.
Traffic tickets are usually issued on the spot, as are DUI charges, but that's not legally required. It's done more for ease and logistical reasons than anything else. The statute of limitations on pressing charges is 2 years after the date of the offense. So, legally, they can bring charges a couple of months later.
For a third or subsequent offense, the statute requires 10 days of jail time. This is absolutely mandatory. Unfortunately, the judge does not have the ability to waive this requirement, and the prior DUI will likely be counted, even if it was in another state. A second offense carries a mandatory imprisonment of 5 days. Either a second or third offense is a misdemeanor
of the second degree
, not a felony. But, unfortunately, a work program is unlikely. You could see if they'll allow you to serve weekends so that you could still go to work, but your license will be revoked, so you won't be able to drive.
If there was a hearing that you did not attend, the judge can enter a default judgment against you, because you failed to show up, and sentence
you on that basis. If the reason that you did not show up was because of your medical problems, you can ask the judge to remove the default, apologize, produce evidence of your condition, and see if they will allow you to enter a plea of not guilty.
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