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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My son who is 22 lost s license a year ago after consuming.

Customer Question

My son who is 22 lost his license a year ago for driving after consuming. Since then, his legal method of transportation has been a 50cc scooter (no license required in NC). A few weeks ago, he was plowed into by a drunk driver who was arrested. Mike sustained severe road rash and sums cuts and bruises. He passed the sobriety test but his B.A.C. was over the limit. He just joined the marines and has to get any legal issues cleared up before he can actually enter. If he fights this, it could drag on for months leaving him floundering without a license or job. If he pleads guilty, it will be over and he could join the marines, however, he will have to deal the expense and sentencing for a DUI. I spoke to the officer on the scene the night of the accident at length. He spoke of a type of DUI that is NON-LICENSE related (rider lawn mower, bicycle, segway, etc). When we spoke to an attorney, however, the attorney either denied or just refused to even consider that. Now we have conflicting opinions from the officer and the attorney. Mike's decision here will profoundly affect his immediate and possible long term future. We need advice.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I would do my best to help. Who exactly is denying the officer's information, is this the district attorney or a private attorney you retained?

Customer: replied 1 year ago.
A private attorney. We did not choose to hire this person. We were not satisfied with our discussion.
Customer: replied 1 year ago.
Is there a variation to a DUI (non-license related), as the officer described, that does NOT affect driving privileges in NC?
Customer: replied 1 year ago.
By the way, the officer also suggested that Mike complete community service and possibly the alcohol assessment on his own before the initial court date. The officer was very sympathetic to Mike after hearing about his positive choices over the past year and his determination to join the Marines. At the time of his first DUI last year, Mike was a HS dropout. After his DUI, Mike got his full HS diploma and has been working and staying out of trouble completely up until this event.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Here is probably what that attorney meant to say, or at least communicate. First of all, there is no such thing as a DUI that does not affect a person's license. "DUI" means "Driving" while intoxicated, so unless your son is charged with public drunkenness or some derivation that has nothing to do with operating a vehicle, this is still a 'DUI'. Having a 50 cc or a 49cc scooter is not a bar to it, and likewise even a bicycle, if operated on a public road, can expose someone to a DUI. The Amish, while being in a horse and buggy, have been charged with a DUI. So no, all of those affect driving privileges.

Now, community service and assessment are great as mitigating factors, but what the officer did not say is that the charges are not up to him, but up to assistant district attorney...so they may still elect to push even if the officer now wants to give a lower offense (and one that does not exist).

This is not to say that your son is doing well in other respects, but I am focusing purely on the event itself and what is possible and what is not. The attorney cannot compel the state to drop charges but can ask for different charges perhaps. The problem is that there is no guarantee that it would be granted.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Dimitry, Thank you for clearing that up. It all makes sense now....what the officer said and what the attorney was trying to say.
Expert:  Dimitry K., Esq. replied 1 year ago.

My pleasure, truly. I realize that this may not be what you wanted to hear, but I must be honest with my review. Please let me know if I can help clarify anything else. Otherwise, if satisfied, kindly do not forget to positively rate so that I can obtain credit for my work. Thank you!

Sincerely,

Dimitry, Esq.