A 90-96 Deferred Prosecution is only allowed to be used for drug crimes of Possession and is not allowed for any other crimes. If this is his first charge ever, and has no prior convictions, you need to make sure to speak to a LOCAL defense attorney. The attorney will be able to get the charge dismissed for him, at the very least, through a deferred prosecution (not a 90-96 deferred prosecution) or another method. DO NOT LET HIM HANDLE THIS BY HIMSELF! It will be well worth hiring an attorney...
If the cop never saw you driving then how did you get pulled over? I am assuming you were charged with a DWI in which you can face up to 3 years in prison. You need to contact an attorney quickly. We handle DWI cases in New Hanover Co if you would like to speak to us. (910) 508-2200.
If the DWI occurred in this area, the simple answer of having it outright dismissed or reduced is no. However, with a defense attorney who handles DWI defense, you do stand a chance of having a successful suppression hearing. Don't handle this type of case alone!!!! Contact a DWI defense attorney in the area!
Yes, the 3 prior DWIs would be counted as grossly aggravating factors in your case as prior DWIs within the last seven years. It is the State's burden to show that the other DWIs outside of NC are substantially similar to our DWIs here in NC. I can tell you that the SC DWIs are substantially similar but I do not know about the GA statutes. Hire an attorney quickly! You are facing three years in prison on this NC DWI and up to a $10,000 fine.
Your discovery request will be denied. In NC, we do not have open discovery for District Court. That right only exists in Superior Court. If a judge denied your request for court appointed counsel, it was ONLY due to the judge's belief that you could afford your own attorney, NOT due to the fact that it is a misdemeanor charge. Because you were denied counsel, call around to several attorneys in your area and get some quotes. You will need counsel for your case and you do NOT want to go in...
I can tell you now to lower your expectations as to suppressing the results of the Intox based on the temperature. You will not be successful with that argument. You may be successful based on the lack of probable cause to arrest you for DWI with no field sobriety tests. Give us a call and see if we can help!
You have no choice as to the assessment and recommendations since it is required by law and necessary in order to get your license back in 12 months through DMV. You need to get your case back before the sentencing Judge to try and get the court costs, fines, and supervision fees waived due to your present situation. Contact your probation officer and see if she/he will go along with this request. If so, the judge is typically understanding and will comply. Best of luck!