May
26
Hi, my gorgeous idiot of a husband got caught being ‘low-range’ DUI and has to go to court in 2 weeks. He is not dispute the charges. I’m just wondering if anyone has had to go to court for a DUI and could explain what happens or offer some advice. Does he need references or a solicitor etc
Are you thinking about selling your home yourself? then
Has your husband ever been charged with a DUI before? Usually first-timers get off pretty easy. It’s a misdemeanor, punishable most often by community work service, an alcohol safety class, and his drivers’ license being revoked for 60-90 days. During this time he cannot consume any alcohol and he will likely have to be checked to make sure he is in compliance. Also, typically, no new jail-able offenses.
No, this is very mild, he does not need references or a solicitor. The District Attorney will almost always offer him the plea bargain I listed above because jails are already crowded and this was not a serious offense.
In short, hubby is not in jail right now. As long as he appears for his court date, which will be his arraignment (or if he has already been arraigned and pled no contest, sentencing) , he will not be additionally charged with failure to appear. Make sure he is there! At the arraignment, if the DA’s punishment and charges are fair, have him enter a plea of "no contest." Everything else will go from there to sentencing.
Sadly, the govn’t is short on funds right now and tickets have gone nuts in my area for speeding, highbeams, loud music, anything you can imagine. The housing depression is ratcheting up the tickets as local governments lose funding they’re used to having.
Normally, a lawyer who knows the judge, solicitor, prosecutor etc. informs the court that the person, if jailed (10 days is usual?) is too valuable to them getting their services, and the lawyer will plead him guilty to a lower offense such as reckless driving or similar.
If he’s a straightforward talker, he can work out a deal with the prosecutor for similar results beforehand. Best to go with a lawyer and get their opinion: aka "what will this save me monetarily."
Lawyer: $500–$2000
Court fine: $500-$1500
Jail time: Usually not; community service 1st time
Now is not the time to play loose. When the govn’t is short on cash, the people pay on the street.
If you can find a hungry lawyer who KNOWS the judge etc., looking to get in for $500 or under, it would be to your benefit. I’ve never liked the laws comparison of reckless to DUI, but then, I don’t write the law.