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Is it legal to give a defendant no mitigating factors during…

Customer Question
Is it legal to...

Is it legal to give a defendant no mitigating factors during sentencing when there was clear evidence of mitigating factors

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Defendent was charged in nc for misdemeanor dui and habitual dui

Lawyer's Assistant: Has anything been filed or reported?

She was sentenced to 4 months for the misdemeanor and 15 to27 months for the habitual

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The judge did not consider any mitigating factors and it was clear the defendant had a long history of alcohol abuse

Submitted: 3 months ago.Category: Legal
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1/7/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,230
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Under NC law, substance abuse for a DUI and habitual DUI is not a mitigating factor I am afraid. Things like clean record, clear driving record, prescribed medications are all mitigating factors, but the fact someone is an alcoholic driving drunk would not be a mitigating factor, so the judge would not typically consider that as a mitigating factor I am sorry to say.

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