I was ticketed for an excessive DUI (above .20) and I have to plead in the morning. I do NOT want a trial because the evidence would sink me. The prosecuting attorney says that he will drop it to a regular DUI if I plead guilty (5 days jail & 6 months no license), but if I ask for a withheld judgement, it will remain an excessive DUI (10 days in jail and 1 year no license). My lawyer said that the only benifit of the withheld is that I will be able to say that I wasn't convicted of the DUI. Will I have to have an SR 22 if I go for withheld? I have never been in trouble before, so I think I'll ask for the withheld judgement. I would appreciate anyone's opinions.
2007-02-25 19:42:52 · 6 answers · asked by OD 4 in Politics & Government ➔ Law Enforcement & Police
First of all, never take their first offer -- that's the rule of thumb. It always gets better the closer to trial you get.
DEFINITELY CHECK OUT THIS WEB SITE:
http://www.1800duilaws.com/article/1st_dui.asp
I don't know what state/county you're in but do some investigating -- the info. at the above site applies wherever you're at.
Also --VERY IMPORTANT--did they take your license when they arrested you? Have you received a notice from DMV of suspended license? You MUST request an administrative hrng. from DMV WITHIN 7 DAYS if they did take your license and you received the notice. Otherwise you'll lose your rights forever -- you can't appeal.
Remember prosecutors receive bonuses and raises depending on the number of convictions they get -it's not in their best interest to help you. They want to see you get the max. judgment without trial - trials are frowned on heavily by prosecutors. That's why the deal gets sweeter the closer to trial you get.
Also, you don't have to make a decision in the morning -- get a continuance to allow you time to research it --- ask for a court appointed attorney if you can't afford to hire one yourself (even if you're employed you can often still qualify for a court appointed one). Typically with a first offense you get 30 days absolute license suspension and 90 days restricted thereafter (which means you could drive to and from work and other necessary places). What you need to do is find out what's customary for your charge in your county --- it may be online with court dispositions.
You won't have to have an SR 22 if you go for withheld. I just noticed your did say you have a lawyer -- in my opinion he's not advising you very well if you still have these questions and don't know how to plead --- what did you hire him for? I'm not certain he's correct in advising you you would not be convicted of the DUI if you go for withheld. You would be convicted of excessive DUI - it just wouldn't show up as a judgment. Also, it's my understanding you would need to go back to court to make a request at the end of your suspension in order to get it off your record before you could claim you have no DUI conviction -- but I'm not a DUI expert and it varies from county to county. Good luck -- don't let them push you into anything in the morning. There's NOTHING you'll gain by pleading in the morning -- only much to lose --- ask for a continuance. You'll get it.
2007-02-25 23:22:15 · answer #1 · answered by GrnEyedBlondeSwede 2 · 0⤊ 0⤋
I wouldn't take the withheld judgment. Plea guilty, the only good thing in life is your word. Make your word the truth or no one will respect you. What really happened?, be honest with them, Karma is great when you do the right thing!
P.S. Be more careful when you drink, I know a lot of my friends will call me no matter what. I will wake up and drive there with my 2 kids in the car at 3 a.m., I don't care! Good luck! Learn from it okay...
2007-02-25 19:58:22 · answer #2 · answered by ? 2 · 0⤊ 0⤋
To not take the offer they give is not always you best chose.. Every time you step foot in the court house, or your lawyers office it is more money.. And your fines will be high anyway. You should take what they offer and just get it over with.. And as far as the SR 22 that is the paper for you insurance company to take to the BMV. anytime you lose your license you have to have one... I know for DUI you do
2007-02-25 19:57:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Admit the offense and cite this as a mitigating circumstance so that your penalty will be lower in degree.
2007-02-25 20:36:00 · answer #4 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
...it's what written by the Judge on the "final" document... ask the Atty to clearify it by asking the Judge...
2007-02-25 19:48:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
That or plead 'no contest'.
2007-02-26 15:46:45 · answer #6 · answered by BeachBum 7 · 0⤊ 0⤋