Dimitry Esquire : Thank you for your question.
Dimitry Esquire : Please permit me to assist you with your conerns.
Dimitry Esquire : Has he at this point reinstated his license?
Customer: He did, the day after he got pulled over.
Dimitry Esquire : Good, that is excellent news!
Dimitry Esquire : Why do you feel that pleading guilty is a good idea?
Customer: I was actually thinking he should plead not guilty
Dimitry Esquire : That is correct, there is no benefit in pleading guilty
Dimitry Esquire : If he pleads guilty, he essentially opens himself up to potential fines, points, and even a license suspension.
Customer: What will happen when he pleads not guilty?
Dimitry Esquire : Instead, pleading not guilty and proving in court that the license was reinstated and was suspended without knowledge is a very strong defense
Dimitry Esquire : If he pleads not guilty what likely happens is that the officer ends up either offering a plea deal
Dimitry Esquire : Or the courts hold a hearing to evaluate the facts
Customer: Will he be assigned a public defender?
Dimitry Esquire : Then he could make his plea to the judge and explain the facts of how his license was unknowingly suspended
Dimitry Esquire : No, there is no public defender
Dimitry Esquire : He either appears on his own or brings his own attorney
Dimitry Esquire : This is not serious enough where a public defender would be provider
Dimitry Esquire : *provided.
Customer: What type of plea deal is acceptable?
Dimitry Esquire : Generally an officer may choose to extend a lower fine, possibly with no points, under which your spouse would agree to plead guilty but not have a violation.
Dimitry Esquire : But it is at the discretion of the prosecutor
Dimitry Esquire : Hope that helps and please let me know if there is anything else I can assist you with.
Customer: One final question-- because of the current circumstances, he wont be sentenced to jail or anything, right?
Dimitry Esquire : But that is highly unlikely.
Dimitry Esquire : courts take parties who immediately reinstate as a strong defense against a conviction.
Dimitry Esquire : So while it is possible, it is very highly unlikely.
Dimitry Esquire : Hope that helps!