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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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JJ. A friend of mine was arrested under the

Customer Question

Hi JJ.
A friend of mine was arrested for driving under the influence. It was her first offense. It was at a road block so no 3rd parties were involved. She failed the breath test and was taken to the police station where blood was drawn. The court date is in December. Is it possible to settle out of court in such a situation? Are you a lawyer that can represent her? What is the next step?
Kind regards
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.
Good morning.First off, there is no opportunity to 'settle out of court', since this is a criminal matter. She can make representations to the Public Prosecutor on why she should not be prosecuted, but those representations can only focus on why she is innocent of the crime and how the state cannot prove her guilt with what they have. It cannot state that she is guilty of the crime but that they should please not prosecute her because of certain factors. There is a process called 'diverted sentence procedure', whereby she will plead guilty to the charge and the court will then, instead of sentencing her, send her to certain programs and/or community service type things and if she completes those programs to the satisfaction of the court, the charges will be withdrawn and she will not have the criminal record.This is normally arranged with the prosecutors prior to the matter going to court and should preferably be done through an attorney who specializes in criminal matters in your area.My advice to you is to wait until December to see if there are, in fact, blood results available. If not, the State might be forced to withdraw out of its own accord. If the blood results are available and it is not in her favor, then she can decide, with her attorney, on a course of action. I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.