If you mean bring it to the judge because it caused the defendant to be convicted wrongly, then the proper channel would depend if your goal us to have the victim punished or to overturn the defendant's conviction. If your goal is to have them punished then reporting it to the prosecutor may be a good place to start. If your goal is to have the defendant's conviction overturned then speaking yo an attorney that does appeals would be a good start. Like my colleague mentions below, proving...
It depends on the facts of the case. A lower charge could be something different altogether. I recommend discussing the matter with your attorney.
Most courts follow the rule that they allow one deferment on a moving violation and one in a non-moving violation in seven years. So if you had a deferment on a speeding ticket in the last seven years, it's not likely a judge would grant another one on another speeding ticket. If your deferment was for a non-moving infraction, like not wearing a seatbelt, then a judge could grant you a deferment in your speeding ticket.
There are many instances where the facts of a case may on at first glance match the elements of a charge, but prosecutors usually only threaten a high charge if they have the facts to support it. Have your friend express his concerns to his attorney.
The problem with defending your son within organizations like Oregon State Hockey is that they make all the rules and then they play prosecutor, judge and jury. I helped a coach with a similar problem within a soccer organization and I was shocked at how much power those governing bodies have over people's ability to play soccer and make a living as a coach. We were ultimately successful by using their rules against them. Read them thoroughly, they have an appeals process, which usually...
1 person marked this answer as helpful
While some states may not report a conviction to another state's DMV, the state where the conviction originated from will have it reflected on their DMV driving records. When you apply to obtain or renew a license in a different state they will check your driving record from other states, so while it may not be reported to them directly, they will find out.
It is highly unlikely that a prosecutor will reduce the charge to a non-criminal charge with that high of a BAC. It does depend entirely on the facts of your case. DUI is a gross misdomeanor punishable by 1 year in jail and $5,000 fine. Despite you lack of criminal history, the prosecutor will probably only reduce as low as a simple misdomeanor, punishable by 90 days in jail and $1,000 fine. The BAC, however, does not tell the whole story and you should obtain counsel, whether public or...