On 9/16/2012 I was arrested for moving traffic violation- driving while lic susp 3rd off. My girlfriend was 7 mons pregnant at the time and she pulled over when we were about 5 mins from home because she was nauseous. I made the decision to continue home because she was not able and was stopped. My court date was not until jan but the public defender that was assigned to my case did not do anything and at the court date she did not defend me and only offered me 2 years, no probation no nothing. My daughter is only 2 weeks now and I have been at my job for 2 years and I don't want to go to trial because I am facing 5 years. I hired an attorney but he said that he can't get a continuance although he has only been on the case for 1 week. Is there not anything that can be done to help me?
Criminal Defense Attorney
First of all, you need to schedule an appointment with your attorney to get your legal questions answered. Because this is your 3rd offense, it appears you have been charged with a felony DWLS/R. Some common issues that arise on these charges are:
1. Purpose of the stop (for a possible motion to suppress)
2. Whether you were represented by counsel on your previous pleas to DWLS/R - if not, there may be an argument to have the current charge reduced to a misdemeanor
3. Are you eligible for a license now and if so can your attorney negotiate something less than a felony if you are able to obtain a license.
4. Do you have a defense? In this case, a necessity defense may need to be explored.
Best of luck!
This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.
Speeding / Traffic Ticket Lawyer
Start contacting private defense attorneys in your area and ask them what they can do for you. Act quickly.
Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied upon as such. If you are seeking legal advice, contact a competent attorney in your local jurisdiction. Learn more about my practice at www.drivenlegal.com.