Arrested in January 2012 for a DUI (BAC 0.10) and speeding 55 in a 45
Deal pleaded down to a $3000 speeding ticket
Arrested for driving under a suspended license in March.
Will I likely lose my plea deal?
I have a lawyer but he has not called me back in some time. Is there a probable reason for this?
DUI / DWI Attorney
Plea deal could be in jeopardy. In fact if you are MDDP eligible (no prior DUI for 5 years) the driving suspended can be charged as a felony.
Your lawyer may not have called back because he does not have specific information about what the state plans to do.
DUI / DWI Attorney
Out of curiosity, how did you plead guilty to a $3000 speeding ticket? With a petty offense, it's a maximum $1000 fine. With a Class A misdemeanor, it's $2500 maximum fine. Are you including court costs as well? Was there more than one speeding ticket?
There could be an effect on the plea deal but that will depend on whether or not you were placed on court supervision. If placed on court supervision, if you plead guilty to the new subsequent offense of DWLS, that plea alone is enough to revoke your court supervision, assuming the State's Attorney's office files a petition to revoke (PTR). If you simply pleaded guilty to a traffic ticket petty offense, with no court ordered supervision or probation/conditional discharge, then your plea deal from the DUI cannot be disturbed. One concern you should have is this: if you received the DWLS in the same county as you pleaded guilty to the amended disposition ("pleaded down to a $3000 speeding ticket), if the prosecutors can't file a petition to revoke your court supervision/conditional discharge/probation because none exists, they could hit you harder on their plea deal for the new DWLS. Keep that in mind. It would be prudent to do whatever you can to reinstate your driving privileges so your attorney can provide that as mitigating evidence to the prosecutor and/or judge, depending on the method of disposing the case.
Try scheduling a meeting with your attorney and express these concerns. There could be a number of reasons why he hasn't called you back.
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Criminal Defense Attorney
You have an attorney and want advice from strangers because he has not called you back? My advice is contact him. Try going to his office.
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