What Do I Need To Consider When Entering A DUI Plea Deal?
Being a DUI lawyer, I have heard on several occasions the problems of folks who have visited me from other general practice lawyers needing to understand why their license suspension is legally lengthier than they agreed to in court.
One accepting a plea deal with a specific term of license suspension should be on the lookout for three key potential traps: Did your drunk driving case include an allegation that you did not attempt or "decline" to submit to a chemical test for the presence of drinking? If your case entails this issue of "refusal," your DUI lawyer ought to expressly tackle within a plea deal or just before an argument to a judge that a individual driver's license suspension for a "refusal" will "end" at the time of the sentencing proceeding.
Absent this written arrangement listed within a written plea arrangement between your DUI attorney and prosecutor or within a written court order, a distinct driver's license suspension could possibly be imposed consecutive to the specified term declared by the court.
At the time of the sentencing proceeding for a driving under the influence conviction does your driving record have either 2 major moving violations or 8 or more minor moving infractions? Despite a plea deal to a driver's license suspension for drunk driving conviction, one's license can additionally be suspended by the Bureau of motor vehicles if one has built up several major moving infractions (Driving under the influence, Reckless Driving, Driving While Suspended for a criminal conviction )within a ten year period.
If an individual has acquired 8-9 minor moving infractions in conjunction with a major moving violation within a ten year period, the Bureau of Motor Vehicles can suspend an individual's license for an additional 5 years.
These consecutive license suspensions are called "Habitual Traffic Violator" suspensions and are not always addressed within drunk driving courts.
As a final result, it is vitally important that an individual confronting a drunk driving prosecution work with their DUI lawyer to understand their driving record and habitual license eligibility before entering into a plea agreement to a driving under the influence offense.
One accepting a plea deal with a specific term of license suspension should be on the lookout for three key potential traps: Did your drunk driving case include an allegation that you did not attempt or "decline" to submit to a chemical test for the presence of drinking? If your case entails this issue of "refusal," your DUI lawyer ought to expressly tackle within a plea deal or just before an argument to a judge that a individual driver's license suspension for a "refusal" will "end" at the time of the sentencing proceeding.
Absent this written arrangement listed within a written plea arrangement between your DUI attorney and prosecutor or within a written court order, a distinct driver's license suspension could possibly be imposed consecutive to the specified term declared by the court.
At the time of the sentencing proceeding for a driving under the influence conviction does your driving record have either 2 major moving violations or 8 or more minor moving infractions? Despite a plea deal to a driver's license suspension for drunk driving conviction, one's license can additionally be suspended by the Bureau of motor vehicles if one has built up several major moving infractions (Driving under the influence, Reckless Driving, Driving While Suspended for a criminal conviction )within a ten year period.
If an individual has acquired 8-9 minor moving infractions in conjunction with a major moving violation within a ten year period, the Bureau of Motor Vehicles can suspend an individual's license for an additional 5 years.
These consecutive license suspensions are called "Habitual Traffic Violator" suspensions and are not always addressed within drunk driving courts.
As a final result, it is vitally important that an individual confronting a drunk driving prosecution work with their DUI lawyer to understand their driving record and habitual license eligibility before entering into a plea agreement to a driving under the influence offense.
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