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Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12680
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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DWLR in NC -- can I get a prayer for judgement?

Resolved Question:

DWLR in NC -- can I get a prayer for judgement?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX X will be glad to help you.

Alex Esquire :

Are you online with me?

Customer:

Yes...hello

Customer:

Are you there?

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am sorry to hear about your unfortunate situation.

Customer:

thank you

Alex Esquire :

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.

Alex Esquire :

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.

Alex Esquire :

Does that make sense?

Customer:

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?

Alex Esquire :

You would definitely want to consult and retain a local criminal defense attorney.

Customer:

Yes, I plan on doing that. Can you help me understand what my options are?

Alex Esquire :

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.

Alex Esquire :

I am not really sure as to what options you are referring to?

Alex Esquire :

Was your license suspended due to a prior DUI?

Alex Esquire :

Are you currently on probation?

Customer:

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?

Alex Esquire :

NO

Alex Esquire :

At the time you were charged with DWLR your license was revoked.

Alex Esquire :

Also, unfortunately, it is possible that your license might not get reinstated, until and unless this current charge is resolved.

Customer:

The police officer told me that if I bring my license to court, it would be dismissed.

Alex Esquire :

No

Alex Esquire :

It would only work if you could prove in court that you had a valid license at the time you were cited.

Customer:

why would he say that then?

Alex Esquire :

Did you tell police officer that your license was revoked due to DUI?

Customer:

yes

Alex Esquire :

You can never rely on anything that police tells you.

Customer:

i understand.

Alex Esquire :

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.

Customer:

he actually let me drive my car back to friends house

Customer:

he agreed to do that as long as i would call someone to take me home.

Alex Esquire :

Well, it appeared you came across a very nice police officer.

Alex Esquire :

He could have also arrested you.

Alex Esquire :

As this is an arrestable offense

Alex Esquire :

But the police officers have discretion.

Alex Esquire :

They can arrest someone on DWLR or they can issue a citation for the defendant to appear in court to face the charge.

Alex Esquire :

Also your vehicle could have been impounded.

Customer:

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

Customer:

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

Alex Esquire :

Well, the officer would need to show up in court.

Alex Esquire :

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.

Alex Esquire :

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.

Customer:

gotcha. the officer did follow me to ensure I was driving back to my friends house and not getting back on the road

Alex Esquire :

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.

Customer:

I will hire an experienced attorney. I'm just getting a heads start on this.

Alex Esquire :

That is the right thing to do.

Alex Esquire :

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.

Customer:

do you feel the officer's behavior works in my favor though?

Alex Esquire :

Not signigicantly.

Alex Esquire :

significantly*

Alex Esquire :

Not when it comes to the pending criminal case.

Alex Esquire :

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.

Customer:

yes, i think because i was upfront and its been 4 years without any record

Alex Esquire :

correct

Alex Esquire :

Do you have any related follow up questions?

Customer:

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

Alex Esquire :

I cannot provide you with an opinion, but only with a general answer.

Alex Esquire :

Generally, you can try to reinstate your license, as long as you disclose all the information about the DWLR if required to do so.

Alex Esquire :

Not that you did it, but that you were cited for it.

Alex Esquire :

Thank you and please click on the "Excellent Service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required. I wish you all the best.

Customer:

gotcha. thank you

Alex Esquire :

Thank you and GOD bless you!

Customer:

Alex...sorry, one more question. Whats your general answer on searching for the best local attorney?

Alex Esquire :

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.

Customer:

do you recommend any websites or just go through the yellow pages?

Alex Esquire :

You can use these well trusted and reliable attorney information / referral websites to find the right local attorney for you:

www.martindale.com
www.lexmundi.com
www.justia.com
www.lawyers.com


I wish you and your friend the best of luck!

Alex Esquire :

These websites are by far better than yellow pages.

Alex Esquire :

you can browse profile of many lawyers and check out their experience, education and training.

Customer:

Great, thank you Alex.

Alex Esquire :

Thank you and please click on the "Excellent Service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required. I wish you all the best.

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12680
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 7 other Criminal Law Specialists are ready to help you

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