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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27230
Experience:  10+ years defending Misdemeanor and Felony cases.
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I received my second DUI, would like to know how to plead

Customer Question

I received my second DUI, would like to know how to plead and a second charge of failure to have vehicle under control when avoiding deer in the roadway, can the second charge possibly be dropped.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good morning. When you ask about the second charge being dropped, so you mean the failure to have the vehicle under control? Also, was this a single car accident or was anyone else around? Curious to know if the Officer saw you driving

Customer: replied 1 year ago.
Single car accident, no one around except deer
Customer: replied 1 year ago.
The charge I wonder if they might dismiss is the failure to have vehicle under control
Expert:  CrimDefense replied 1 year ago.

Thank you for the additional information. When you appear in court, you want to ask to be appointed the public defender, if you are unable to retain private counsel. I say this because a demand for discovery needs to be made and you may have defenses, if nobody saw you behind the wheel of the vehicle, this was a single car accident and the officer arrived after the fact. They did not observe your driving pattern or have anyone to testify to what happened, so it would only be your word and what the State could prove. As such, there could be grounds to try and get this dismissed or even a basis to go to trial, if the case is weak. Now, if you took a plea deal, you could ask that the second charge be dropped, as a result. You may even want to see if the State will amend the DUI to a lesser charge, if their case is weak. When you appear, you likely want to enter a plea of not guilty and ask for the PD, so they can start working on your case and defenses, to this.

Customer: replied 1 year ago.
I already tried to get a public defender but was told my income was too high to qualify, I am 71 years old and only income is Social Security ($1,331 per month)
Expert:  CrimDefense replied 1 year ago.

You can ask the court to reconsider and show them what your expenses are and why you can not afford representation. If they still deny you, then you can contact criminal defense attorneys and explain your situation and see if they would take the case pro bono or at a reduced rate or take payments.

Customer: replied 1 year ago.
Is it possible for me to speak to the prosecutor myself?
Expert:  CrimDefense replied 1 year ago.

Yes, if you are pro se, you can speak with them in open court. You can try and work something out but you need to be careful with what you disclose to them. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 year ago.
I still don't have a resolution that seems workable
Expert:  CrimDefense replied 1 year ago.

I am not sure I understand. Please share with me what else I can answer and I would be happy to respond. I am happy to continue to work with you just need more information. Thank you

Expert:  CrimDefense replied 1 year ago.

Hi, are you still with me?