Good work by your lawyer in getting your case dismissed. Have you asked them this question? The answer is that CONVICTIONS count as priors for 10 years, not losing at DMV. However, you may want to appeal the DMV decision since obviously a Judge with actual legal training agreed there was no probable cause to stop you! If you do get a second DUI, and lose that hearing, the DMV will count it as a second suspension.
It depends upon whether anyone suffered injuries that could make it a felony DUI and possibly with a GBI allegation making it a syrike. That is bad. Leaving the scene also bad. Ate you still on probation from your first DUI. Lastly what court do you have to go to?
Those are the bare minimum questions needed to even guess. Your BAC and validity of your driver's license are also factors.
10 days to request the hearing with DMV regarding your license.
Sounds like a visit to a lawyer should...
Often a private attorney can do better, especially if they are known by the DA. It is a relationship business. A private attorney may have more time to spend with the client and do the necessary investigation. That being said, hopefully the PD has already done the investigation so you don't have to pay for an investigator.
Without knowing all the facts, it does appear that they have cut the offer in half and agreeing to half time, the PD has done a good job.
first I recommend that you hire a personal injury attorney. They will evaluate the case to see whether you have a civil suit on your daughter's behalf for the injuries and damage to your car. As far as reinstating criminal charges, the DA has one year to file misdemeanor charges. It is possible that they may reconsider and look at the driving pattern for a reckless driving. You may want to retain a lawyer who knows the DA is to try and have them look at the case again. The filing deputies in...
Since the officer gave you a ticket instead of arresting you, there is no bail to be posted at this time. There should be a court date on the bottom of the ticket, just like a traffic ticket. That is your day to appear in court and tell the Judge why you didn't finish your classes or, more importantly, appear in court when they were due. You should contact the attorney who represented you at the time of the plea or, if it was the Public Defender, show up that day and talk to the one assigned...
You seem to have a good grasp of the issues and I wonder if they have offered you a wet reckless yet? Also, if there was a partner in the car, you should be able to hear them talk about why they are following you and stopping you; that is often more important than the video!
The PD who is representing you should be able to at least weaken the prosecutor's position.
However, the PD can't represent you at the DMV hearing where you can test the officer at a time when they are less prepared...
I recommend your brother meeting with an attorney as soon as possible. Most of us on AVVO offer free consultations and that way we can figure out a way of resolving the matter.
First we would pull the case to see if there is an active warrant, then meet with the prosecutor to get a non jail disposition.
It is usually 5 years on a second offense, although sometimes you can get 4. It depends upon how old the prior is; ie are you still on probation for the first one or is it 7 or so years old. Also, what your BAC was, whether there was an accident etc. More info is needed. But you are looking at a minimum of 4 years.