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Good afternoon. I certainly understand the situation and your concern. If the cops arrived and did not see you behind the wheel of the vehicle, it is possible that you could have a legal defense to raise. If you are unable to retain private counsel, you will want to make a request to be appointed the public defender. They will make a demand for discovery and see all the evidence which the State has and will use against you at trial
. The fact that the officer arrived after the crash and did not see anything, could possible result in a dismissal, since the State may have a hard time proving the corpus delicti. While this crime does carry jail time, if you are a first time offender and take a plea deal, you could be looking at a probationary sentence
as well for 12 months, along with a license suspension, fines, court costs, community service and having an interlock device installed on the vehicle. If you went to trial and lost, the Judge could impose jail time.
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