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If my soon to be ex was driving and wrecked while under the

 
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  • Answered by:traffic77777
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Customer Question

If my soon to be ex was driving and wrecked while under the influence arrested, stayed in jail for24 hrs. bailed out by his mother. Now when he went to court he had a CDL Class B license. Does he get charged with a DUI or would giving up his CDL replace the DUI as a way of not getting charged for the DUI?

 



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Submitted: 338 days and 3 hours ago.
Category: Traffic Law
Value: $32
Status: CLOSED

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Expert:  traffic77777 replied 338 days and 3 hours ago.

He might be able to strike a plea bargaining deal with a prosecutor to give up his CDL in exchange for agreeing to plead guilty to and be charged with a lesser offense. There is absolutely no guarantee that he will be able to get this deal, especially considering there was an Accident. I do not know all the circumstances of the case, so I cannot advise with more precision but one thing I am absolutely certain of is that asking general questions over the Internet will be of little assistance to him in a case like this, and he needs to retain own attorney to evaluate the whole case and outline the options. A good attorney will be able to get the best possible deal from the prosecutor or the judge.

CA State Bar-lawyer referral service is a good starting point to look for lawyers: http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx Also, many attorneys offer free initial consultations, so you can Google them in your area to get some free tips and find out where you realistically stand. I realize you did not come to this website to have somebody tell you look for an attorney but this really is the best course of action in a serious case like this.

Expert TypeAttorney
Category: Traffic Law
Pos. Feedback: 94.4 %
Accepts: 332
Answered: 6/4/2012

Experience: Attorney

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