Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

I was cited for a 2 offenses the other night. A 2nd DUI, BAC

.232 as well as driving...
I was cited for a 2 offenses the other night. A 2nd DUI, BAC .232 as well as driving while on revocation. I just hired an attorney who came highly recommended by my uncle. I have been doing a lot of research today on this and it appears that it is referenced as an AUO-1st offense. Will it be possible to avoid jail time and receive probation/house arrest/community service hours/ fines/ etc.?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 14 minutes by:
2/20/2013
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,204
Experience: Experienced in multiple areas of the law.
Verified
Thank you for your question.

The AUO is for driving on a revoked licensed, and a first offense is a Class III misdemeanor, and carries a penalty of an additional one year suspension of your license and prohibition of driving your vehicle. You can read that code here, in case you have not already seen it. While a class III misdemeanor also carries a possible 3 months in jail and/or a $500 fine, it is not a mandatory sentence, meaning the judge could give you a fine and/or probation instead.

The DUI is the bigger concern. If this is your second within 15 years (which is the lookback period in Nebraska), because of the high BAC, you are looking at a minimum mandatory 90 days in jail and up to a year in jail, plus a substantial fine.

Depending on the evidence in the case, your attorney may suggest taking the case to trial. Alternatively, they may be able to negotiate with the prosecutor to get your charges downgraded to something less severe, or get you something like electronic monitoring/home confinement or weekend jail. Those are all possibilities, but understand that going into it right now (before your lawyer has seen the case or done any work), a conviction on the DUI charge means a minimum 3 months in jail.




RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,204
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,204
14,204 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

14,204 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was convicted of 3 misdemeanors, but have not been tried
Hi I was convicted of 3 misdemeanors, but have not been tried yet... I would like to travel to UK for 50the B-day and would be back by 2/20 for my court date. Is this possible... I know how hard it is… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My daughter was just sentenced 11-20-17 for arson of her
My daughter was just sentenced 11-20-17 for arson of her home. She is innocent and has no priors. Are there any early release programs out there that she can apply for? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I got charged with a misdemeanor possesion of drug
i got charged with a misdemeanor possesion of drug paraphernalia. I got it dismissed. how hard is it to get it explunged in illinoise and how long does it take?i … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Is corruption of a minor a misdemeanor or a felony?
Is corruption of a minor a misdemeanor or a felony? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Motion to correct an illegal sentence under rules of the
motion to correct an illegal sentence under rules of the criminal procedure … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Filed a false. Police charge with. a misdemeanor out on
Filed a false. Police charge with. a misdemeanor out on unsure. Bond what is the. WOrst Thing That. Can happen to me i am so sorry help me do not want to go jail happen in NC live in Pa hearing Januar… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
Can i renew my cosmetology license in WA with a misdemeanor?
Can i renew my cosmetology license in WA with a misdemeanor? … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
80 satisfied customers
My brother was sentenced to 7 year in prison and completed
Hi My brother was sentenced to 7 year in prison and completed 5 … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
What happens in a sentencing hearing? The case specifically
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way. Do the attorneys speak, then the defe… read more
RobertJDFL
RobertJDFL
Lawyer
14,204 satisfied customers
I want to understand what happens in a Florida sentencing
I want to understand what happens in a Florida sentencing hearing following a murder conviction. I understand these hearings are transcribed and made available as public record. Where could I find the… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
I was arrested in August and got a misdemeanor then. In
Hi. I was arrested in August and got a misdemeanor then. In November I was arrested again. I had ten charges (using a fake licenses and grand theft) 3rd felony degree . On the next after releasing fro… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was charged with possession of marijuana misdemeanor
Okay I was charged with possession of marijuana misdemeanor possession of paraphernalia misdemeanor two counts of child endangerment misdemeanor what is worse … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
Rather PL 245.01 is a violation or misdemeanor. NYS in 1995
NYS in 1995 charges we're PL 230.00 BM,PL 245.01 00 V,arraignment charges case disposition information is 1/14/1995 Pled Guilty and Sentenced imposed PG PL 245.01 00 V Conditional Discharge =1Y Sealed After Conviction Section 160.55 date of arrest 1/13/1995 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was given Misdemeanor probation in Collin County Texas.
I was given Misdemeanor probation in Collin County Texas. The judge asked me if I wanted to keep my back jail time or if I wanted to apply it towards court costs, fines, etc. I elected to keep the bac… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
What is the sentence for forgery in Delaware? The police
The police will arrest my son om Wednesday when I bring him hime from rehab. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If a sentencing order states:" Sentenced to six years to be
If a sentencing order states: " Sentenced to six years to be served concurrently with revocations of his/her probation in cases A and B"... does this confirm that the sentences count as one incident o… read more
Thelawman2
Thelawman2
Doctoral Degree
1,295 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x