Criminal Law Questions? Ask a Criminal Lawyer.
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Can you explain what you mean by "what are the normal consequences if you don't get two days in jail for it"?
How much the normal fine will be and how many days of alcohol class is.
The fine is up to $1250 and the plea bargains are usually between $1000 and $1250.
Will I get two days in jail for my first DUI? Or just a fine and classes?
Did you blow on the test? If so, what was your blood alcohol level?
Yes. And it said .14 and I'm only eight teen years old he stopped me because of my front right head light was out and he was looking for a man on a bike
The law calls for a mandatory two day jail sentence.
The length of the alcohol class can vary. It is usually a 12 hour class but the judge can order more.
What if I plea not guilty will I still get that?
If you are found guilty you will get at least that.
Get at least the two days in jail?
Usually if you have a lawyer and plead guilty they will cut you a little slack on the fine but still require two days in jail. The judge can sentence you for up to a year.
But that would be very unusual on a first case.
Can I choose when to serve the two days? And can I just go to the hearing and plead guilty? And that will be it.
With a BAC of .15 you want to be very careful about pleading not guilty because that is almost double the "legal limit".
You don't get to choose when you serve it but the judge will allow you some input.
However, you want to get a lawyer, either hire one or if you can't afford one then get one appointed.
Alright. And what if I just plead guilty what will happen? No more court dates?
You want them to look at the evidence and make sure everything is on the up and up.
Usually if you plead guilty the judge will reset your date to plead, have a presentence report done, etc.
But you really want to get a lawyer before you plead.
But my hearing is tomorrow and I can't afford one.
Is this your first appearance in court?
Yes first time ever and last time ever haha.
You can ask for a court appointed lawyer tomorrow then.
The judge will allow you to plead not guilty and ask for a lawyer and will then reset the case.
Alright but what is the smartest thing to do if i have any chance of winning this and not have my llicensce taken away and a small fine and one class for alcohol?
Ask for a lawyer, let them look at the evidence, and then get you a plea bargain if the evidence is valid. Sometimes the videos are messed up, the breathalyzer machine has problems, the officer isn't available, etc. and all of these can help to get a better plea bargain.
You won't get any worse of a deal by asking for a lawyer tomorrow and you may even get a better one before it is over.
Alright thank you. But how can I get my license back without restrictions anyways?
And usually how many court dates are set up if I have a good lawyer?
That can be a part of the plea bargain or you can get a special kind of license that allows you to drive.
How can I get the special licensce
Usually you will have between 3 and six court dates but the lawyer may be able to appear for you and you don't have to. That depends on the judge. The lawyer asks for the special license at the final hearing.
Alright. Can I have more of a chance of keeping my license going to the DMV and talking to them?
No, the DMV can't help right now and talking to them can make it worse. Let the lawyer handle it.
Alright thank you. So I'm for sure able to get a free lawyer for this and pay nothing bit my fine
And the two days in jail
The court can order you to pay the court appointed fees as a part of the probation. Not all do and it depends on how that court handles the lawyers but you are always better off asking for one.
Alright thank you.
I do wish you the best on this but you should be okay if you get a lawyer and let them handle all of it.
Also do I get probation for this? Or just two days in jail a fine and a restricted license bit if won I still get two days in jail a smaller fine? And one class day and my licensce
Yes, you will get probation as well if you only get two days in jail.
The class takes more than one day to complete.
What does the probation consist of?
That varies by court as well. Usually it includes reporting in, staying out of trouble, some community service.
It really isn't hard.
On reporting in does that mean go to his or hers office?
Sometimes they let you call in after the first few times.
Alright thank you. I really hope all of this will help me on the case. And win it
But can you give me your opinion on what you would do. If this happened to you?
Get a lawyer and let them look at the evidence. That is always the best route.
So when I go tomorrow ask if I can get a lawyer. And I should get him or her free and plead guilty or not guilty for that use.
Yes, plead not guilty and ask for a lawyer.
The court will expect you to do that.
Alright thank you for your information and time. Means a lot.
You're very welcome.
Best wishes to you. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.
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