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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27992
Experience:  10+ years defending Misdemeanor and Felony cases.
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i have been charged with my second dui cause i had meds in

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i have been charged with my second dui cause i had meds in my system from the hospital. i drove myself to hospital and was on my way home when i was pulled over. i can only afford a public deffender. can i plead down or are they going to to give me a mandatory jail sentence. i cant go back to jail. help me
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. What was the basis for the officer pulling you over? Did he perform any field sobriety exercises? What did you go to the hospital for?
Customer: replied 4 years ago.

i had a surgical procedure done like four days earlier and was having some major bleeding going on. so i had no one to take me to the hospital. so i drove myself on a suspended license. but i was just going home. so yes i did do a field test must not of past i would think. i just need to know if they will let me plead this down with a public defender, and give me some probation. I CAN NOT GO BACK TO JAIL.

Customer: replied 4 years ago.

i dont think i passed my field test. i had a ablation done when they go in and fry my tubes. i have court again on the 29th to see if i qulify for public deffender. i just want to know if they would probably let me plea down to driving on suspended or whatever instead of dui. cause I CAN NOT GO TO JAIL. I WILL LOOSE EVERHYTHING!!! PLZ ANSWER BACK. THANK YOU.

Customer: replied 4 years ago.

i need you to answer me i am having major anxiety and going crazy. thank you


Thank you for the additional information. When you appear in court, you certainly want to ask to be appointed the public defender, if you are unable to retain private counsel. They will make a demand for discovery and see all the evidence which the State has and is going to use against you. First, there needs to be a legal basis to support why you were pulled over. Second, there also needs to be signs of impairment. If you were coming home from the hospital, you should not have been discharged and let go, if you were not capable of driving. In addition, it is hard to identify when the meds were taken, since they can last and stay in your system for not only days, but weeks at a time. Moreover, the exercises which the officer had you do would need to be look into and it would have to be shown that you were impaired and not able to drive. If you did not have any alcohol in your system and it was just medication, you could have a possible defense. The ability to plea the case out and for the State to amend the DUI to a lesser charge, would depend on the strength of the case. If your attorney attacks the case, has legal defenses to raise and thinks this should go to trial, the State may be willing to work something out, if their case is weak. They are not just going to let it be plead to a lesser charge and there would be to be a basis to support it. I understand that you do not want nor cant go back to jail for a second DUI, which is why you may have to go to trial, if they will not offer a favorable plea to keep it out.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.

but when i go to court on the 29th to see if i qualify for a public defender they are not going to throw me in jail that day right?

No, they should not. I am assuming that after you were arrested, you were able to bond yourself out of jail. Since there is a bond in place to secure your appearance at all subsequent hearings, you should not go to jail that day, unless you were in violation of your bond for some reason. Since this is likely your first appearance, you will ask to be appointed the public defender, they will enter an appearance of not guilty on your behalf and the Judge will give you a new court date to appear.
Customer: replied 4 years ago.

i was not sent to jail i w was just fingerprinted, and read my rights. i did not bond out of jail cause they did not take me to jail. they just took my blood finger printed me, and let me go. they even forgot to give me a citation. so i just need to make sure they are not going to throw me in jail. so what do you think. thanks. they did not even inpound my car, they totally let me go. let me know what you think. thanks. remember i have already been to court pleaded not guilty, now on the 29th they are seeing if i qualify for public defender. thanks.

Since you have already been to court, there is no reason that I would be inclined to think you would go to jail. If they wanted to place you back in jail and make you bond out, they would have previously when you appeared.
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Customer: replied 4 years ago.

is a dui metabolite a class c misdameanor???? just curious. thanks.

Customer: replied 4 years ago.

even tho they are trying to stick me with another dui which i am hoping i can plead down, is this second dui metabolite which is my first cause i was coming home from the hospital, is it still considered a class c misdaminor??? just thought i would clarify a little better. sorry. thanks again. look forward to hearing back from you.


It is a Class B misdemeanor. Here is the statute.
Customer: replied 4 years ago.

do you think i will be able to at least plea down, or get probation without jail time. what is your thought on this? knowing my situation.

I think there would need to be a legal basis to allow it to be plead down to a wet reckless or another change and that depends on the strength of the States case. Here is also a good link to review, on DUI's and sentencing, so you can get a good idea of how things could possible work out.
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Customer: replied 4 years ago.

what do you mean legal basis i dont understand what that means


When I say a legal basis, it is a reason for the prosecutor to be willing to amend the charge, to something lesser. This is often a result of them having a weak case, lack of evidence or problems proving the charge against you, beyond a reasonable doubt. While they will be offering a plea, it may not be for a lesser charge, when they know they can likely obtain a conviction for you at trial.
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