I have two DUI's and am on informal probation. This is going to be a violation. I would like to have an offer I can accept when it comes time for arraignment. What channels should I go through? Straight to the DA? Email him? I have a friend who's an experienced lawyer who I can have proofread my letter. My friend saw me leave but didn't know I was blacked out until he noticed I left all my stuff and definite signs that the lights were on but no one was home. The same thing happened when I got my 2nd DUI a year ago. I blacked out and woke up in the car on the side of the road and don't know how i got in the car. I'm gonna go to AA and get proof. Should I bring that to the arraignment? What do I do before my arraignment is my main problem. Thanks in advance.
If your friend is an experienced lawyer, he should be telling you to contact a defense attorney as soon as possible to help mitigate any potential violations of your informal probation.
No, you should not speak to the DA in this matter. The DA is not your lawyer and they will only use whatever you tell them to maximize your punishment, not minimize it. As for an offer, technically, the DA does not make "offers" in a probation violation case. They can recommend an appreciate punishment to the judge, but the judge is the one who decides what the appropriate punishment for violation should be.
This should be illustrative of how important it is that you secure an experienced attorney as soon as possible. Should you speak to the DA, you may strengthen their case for a third DUI against you, which ha a minimum of 120 days in custody. Good luck.
If you have a probation agent, you need to report this to him/her. Do so after you consult your own attorney.
You also need some sort of treatment. Drinking to blackout is problem behavior, as evidenced by your legal problems. You could have received another DUI for this.
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--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
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