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LegalEagle1
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Will I serve jail time for 61-8-301(1)[1st]? Do I have to go

Customer Question

Will I serve jail time for 61-8-301(1)[1st]? Do I have to go to court or can I just pay the fine?
Submitted: 12 months ago.
Category: Legal
Expert:  LegalEagle1 replied 12 months ago.
Hello and welcome to JustAnswer. I would like to assist you with you question today

Could you please explain more details about why you were charged with reckless driving?

Were you charged under the school bus subsection? And was anyone hurt?
Customer: replied 12 months ago.
No I went to pick up a pizza at a local bar and grill. I had one drink while I waited and when I was leaving I was watching a car while I backed out and barely touched a abandoned van. I stopped there were people standing out there and said don't worry about it people hit that van all the time. Yes I should have went inside and said something but I didn't. An hour later cops show up stating I was involved in a hit and run. They asked how much I have had to drink and I told them a few mixed drinks here at the house. He then asked to see the bottle and I showed him. I told him what happen and he acted like I was telling him a lie. He wanted to get me for DUI but his partner said that will never hold up. I told them I wasn't hiding it I admitted to what I did and will pay for any damages but he still treated me like a hard criminal. He told me I was lucky and to pay these fine but one said mandatory appearance is that true or can I pay the fines online?
Expert:  LegalEagle1 replied 12 months ago.
Bryan,

Thank you for that additional information. Unfortunately, you will have to appear in court.

The potential penalty you face if convicted is zero to 90 days in jail, a fine of not less than $25 or more than $300, or both. If you have no previous record it is not likely that a court would impose a jail sentence for a first time reckless operation offense. What does concern me is that the arresting officer mat mention the suspected alcohol use in his arrest report. Some judges upon learning about the officer's suspicion that alcohol was a factor may decide to impose a harsher penalty.

I suggest you consult with a local attorney who is familiar with your court and ask them what your court's sentencing policies are for situations such as yours. The attorney will also be able to advise you if there are steps they judge likes defendants to take so as to minimize your risk of receiving a jail sentence.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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Satisfied Customers: 748
Experience: Practicing attorney licensed for over 23 years.
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Customer: replied 12 months ago.
Could I go to the prosecution lawyer and see if they will drop it? What do you think that would do will they listen I am not asking to get out of the charge just lessen the charge a little.
Customer: replied 12 months ago.
Relist: Incomplete answer.
He never responded to my other question about the issue I have.
Expert:  LegalEagle1 replied 12 months ago.
Bryan,

I apologize for some reason the system did not notify that you had posted an additional comment. When you relisted the question one of the moderators notified me regarding your post.

You can talk to the prosecutor and they may or may not listen to you. I have found that some prosecutors are more willing to talk to a defendant's attorney than they are the defendant. I know that this does not seem fair and can cause an additional expense. If your court date is several days away you may want to go to court on a prior day and see how the prosecutor and court treat people who are represented compared to those who are not.

Prosecutors typically are not interested in having to conduct a trial. They would rather resolve the case by plea. You could offer to plea to a backing violation or careless driving.

61-8-358. Limitations on backing. The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic.

61-8-302. Careless driving. (1) A person operating or driving a vehicle on a public highway shall drive it in a careful and prudent manner that does not unduly or unreasonably endanger the life, limb, property, or other rights of a person entitled to the use of the highway.
(2) A person who is convicted of the offense of careless driving is subject to the penalties provided in 61-8-711 or 61-8-716.

Neither of these offenses carry a jail sentence for first time offenders.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

_________________________________________________________________
Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit and compensation for my work. If you have additional questions or need more information, please ask.

My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.

You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1 also begin your question with “For LegalEagle1”
_________________________________________________________________
Use of this service does not create any attorney client relationship. Information provided is intended to explain general legal principles and assist you in finding an attorney in your area.

Please click "Great" or better to rate service.

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