Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry to hear about your unfortunate situation.
Unfortunately, because DWLR is a misdemeanor criminal offense, the prayer for judgment would not be applicable, as it is generally reserved for minor traffic offenses.
However, if you do consult and retain local criminal defense attorney, it might be possible for this attorney, providing you do not have any prior criminal convictions, to negotiate for this offense to be reduced to a lesser offense that can result in a prayer for judgment.
Does that make sense?
yes. My license was suspended for a DWI conviction in 2009. Since then I have done nothing wrong. I am able to get my license reinstated this coming June. My court date is in July. How should I handle this whole situation?
You would definitely want to consult and retain a local criminal defense attorney.
Yes, I plan on doing that. Can you help me understand what my options are?
This is a serious misdemeanor offense that can subject you to 120 days in jail, a fine of up to $1000 and also a suspension of another 1 year or even revocation of your license if you are found guilty.
I am not really sure as to what options you are referring to?
Was your license suspended due to a prior DUI?
Are you currently on probation?
yes. no, my probation period ended in 2011. will the DWLR get dismissed if I get my license reinstated before the the July court date?
At the time you were charged with DWLR your license was revoked.
Also, unfortunately, it is possible that your license might not get reinstated, until and unless this current charge is resolved.
The police officer told me that if I bring my license to court, it would be dismissed.
It would only work if you could prove in court that you had a valid license at the time you were cited.
why would he say that then?
Did you tell police officer that your license was revoked due to DUI?
You can never rely on anything that police tells you.
Often times police would tell anything to the suspect just to get the suspect to talk or it is also possible that this police officer was simply trying to make you feel better or was trying to end the conversation.
he actually let me drive my car back to friends house
he agreed to do that as long as i would call someone to take me home.
Well, it appeared you came across a very nice police officer.
He could have also arrested you.
As this is an arrestable offense
But the police officers have discretion.
They can arrest someone on DWLR or they can issue a citation for the defendant to appear in court to face the charge.
Also your vehicle could have been impounded.
I truly believe your statement. My 13 year old son was with me and the only reason I drove was to get him some something to eat at the gas station. I was very honest and upfront with him too
knowing the situation with the officer and his "kindness" per se, do you think that works in my favor in case I do get convicted? I'm not worried about fines and such, I just want to avoid jail
Well, the officer would need to show up in court.
If the officer doesn't show up in court couple of times, the case could be dismissed, but I doubt he would go that far for you.
Basically, the prosecutor will listen to the recommendation of the officer, but it is the judge who will make the sentence on the recommendation of the prosecutor.
gotcha. the officer did follow me to ensure I was driving back to my friends house and not getting back on the road
If you hire an experienced local criminal defense attorney, there might be a very good chance that you would be able to avoid jail time.
I will hire an experienced attorney. I'm just getting a heads start on this.
That is the right thing to do.
Given the fact that you were sober, did not get into an accident and completed your probation, I think a competent attorney should be able to resolve this unfortunate situation for you with the least damage possible.
do you feel the officer's behavior works in my favor though?
Not when it comes to the pending criminal case.
But as I said, the officer could have arrested you and impounded your car in front of your minor child, so that was a big break you were given right there.
yes, i think because i was upfront and its been 4 years without any record
Do you have any related follow up questions?
yes...should I go ahead and get my license reinstate next month before the court date? I will talk to any attorney soon, but i just wanted your opinion on that
I cannot provide you with an opinion, but only with a general answer.
Generally, you can try to reinstate your license, as long as you disclose all the information about the DWLR if required to do so.
Not that you did it, but that you were cited for it.
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gotcha. thank you
Thank you and GOD bless you!
Alex...sorry, one more question. Whats your general answer on searching for the best local attorney?
I would suggest someone who specialized in license related law and who has at least 5-10 years experience and practices on regular basis in the court where your case is pending.
do you recommend any websites or just go through the yellow pages?
You can use these well trusted and reliable attorney information / referral websites to find the right local attorney for you:www.martindale.comwww.lexmundi.comwww.justia.comwww.lawyers.comI wish you and your friend the best of luck!
These websites are by far better than yellow pages.
you can browse profile of many lawyers and check out their experience, education and training.
Great, thank you Alex.