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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110424
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i live in harrisburg south dakota and was driving home from

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i live in harrisburg south dakota and was driving home from the gas station and was pulled over in front of my house for reving my engine. the officer checked all paper work and then asked for me to take a breathlyzer. i blew a .021 and was wrote a ticket for underage consumption. i am 20 years old and have one other offense, which was a minor in possesion in colorado 6 years ago and recieved a defered judgement. my current job as a field service technician requires me to drive a company vehicle daily. i am wondering what the chances may be of a suspended license. what steps i can take to insure this wont happen as i may lose my job.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that under SD law, there is a minimum 30 day suspension of your license that is mandatory by the state law upon conviction. Thus, you would have to fight this charge and try to fight the probable cause for them stopping you and the probable cause for them testing you, such as there was no smell of alcoholic beverage. If you lose this case in court and are convicted, you will face the minimum mandatory license suspension and SD will not issue a hardship license to drive to and from work.

You are entitled to an attorney, so if you cannot afford one get in touch with the public defender's office for legal representation on this because the only way to avoid the suspension is to get the underage consumption dismissed or found not guilty.

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Customer: replied 3 years ago.
When you say dismissed is that the same as like a plea bargin or deferred judgement
Thank you for your response.

A deferred judgment can work as long as the court does not report the plea to the DMV. It is not the court that suspends your license it is DMV and if they enter any conviction, including a no contest (nolo contendere) plea, DMV will issue the suspension automatically. There are some plea deals where the prosecutor will allow you to pay your fine and dismiss or refuse to prosecute the case which would not be picked up by DMV for the mandatory suspension.
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