also have a 2nd conviction for driving with suspended license. Suspension do to a speeding tickedt i have not paid from a few yrs ago.
Setting aside a plea is difficult. and you may or may not have legal grounds to do so. Just wanting to avoid jail time is not one of them. But, if that is what you are asking bout, you need to hire a lawyer immediately and see if there were any defects in the proceedings or other grounds for withdrawing the plea.
If you are attempting to simply do some program in lieu of actual jail time, you can talk to your lawyer about applying for a work release program or electronic monitoring. You may or may not qualify. If you staid convicted of a second offense DUI, there will be a requirment of some time that will ahve to be satisfied by actual jail or a jail equivalent.
But, see your lawyer and good luck!
it sounds like you already plead no contest and the judge gave you a jail sentence. Now you are wondering if you can change the jail to something else. If that is correct, the answer is that it is possible but the judge has to agree. Get an attorney, go back to see the judge, and attempt to convert the jail to something else. Do not delay. The closer you are to the date you are supposed to turn yourself in, the more likely the judge will say NO.
To set as an aside a plea you made in open court is no easy task. You need the assistance of an attorney- and valid reasons. Getting an alternative sentencing than jail time might be easier. Work furlough might be available- but again you need an attorney. The suspension due to a DUI carries with it mandatory jail time. Again, your attorney might be able to work something out. You can now get your license as you dealt with the the DUI. This "might" help. Good luck.
If you are looking to convert your jail time into work release or house arrest, it is possible, but you would need the Courts approval. If that is the case, consult with the attorney who handled your case to assist in that matter if possible. If you are looking to withdraw your no contest plea, that can be tough to do unless there qualifying grounds to do so. You should consult with an attorney to assist in that as well, and perhaps get some feedback to the likelihood that it may or may not be granted. Keep in mind that if you do withdraw your plea successfully, then you would be basically starting fresh and may still be convicted, potentially with worse consequences...it wouldn't mean that the charge would be automatically dismissed.
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