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Jack R.
Jack R., Lawyer
Category: Criminal Law
Satisfied Customers: 6147
Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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i had a second dui aggravated in New Hampshire though I am

Customer Question

i had a second dui aggravated in New Hampshire though I am a resident of Massachusetts. I have two major psychiatric diagnoses (bipolar and PTSD) for whch I have been treated for the past 20 years. Immediatel prior to the arrest I had two hospitalizations for attempted suicide due to inefficacy of my psych medications and some severe stress. My trial is at a court with a mental helath court. I am not sure I am eligible for this because my lawyer had waived arraignment for me and that is where the mental health court processw begins. My psychiatrist wrote a letter describing the severity of my mental illness. Despite all of this I am fully employed as a medical school faculty member and have a long record of community achievements. Do you think that these factors will mitigate any sentence? I am desparate because I do not want to lose my job or be unable to travel to countries where I work on child survival. Any advice.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Jack R. replied 7 years ago.

I do not believe that the illnesses you describe will help you. The court has sentencing guidelines which can include jail and fines.. For a 2nd DUI jail sentences can range from 3 days minimum to 30 days minimum. The court can suspend your driving privileges for 3 years although you can request an interlock to allow some driving ability. You will also pay a fine $750 minimum.


You can also be sentenced attend some alcohol counseling as well.


The court has the ability to suspend part or all of the sentence. The conviction will remain on your record.


You should not that a license suspension in NH will also cause a suspension in Massachusetts.


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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

Customer: replied 7 years ago.

Poor information. You did not address the mental court that is a relatively new phenomenon in the courts. Your statement that axis I psychiatric diagnoses are not helpful is mistaken at least according to record. Last, your spelling is way off. I will not use your service again, and I will not accept your answer or pay for anything.

Expert:  Jack R. replied 7 years ago.

I am sorry my answer did not help. The taking of prescription medication is not a defense to a DUI. The law only requires that your driving is impaired due to the ingestion of any intoxicant or drug. . If you suffer from a medical condition requiring medication, the court can logically make it more difficult for you to keep your license. You may not like the result, but the courts across the nation are doing their best to prevent injuries to others due to drivers who are driving impaired due to drugs, or alcohol. .