Lying on a court appointed alcohol evaluation - can suspended jail time be given

Asked over 5 years ago - Bismarck, ND

I lied on /in my alcohol evaluation and the conversation and a recap of my session was submitted to the court - what does this mean for me?

Attorney answers (2)

  1. E. Brian Davis

    Contributor Level 14

    Answered . It means trouble with a capital T. The judge will likely consider that you lied to him or her personally. If you do not have a lawyer, you need to get one. You need to be able to show the judge that you are taking the DUI charge seriously and taking whatever measures are appropriate to insure it does not happen again.

    I am not admitted to practice in North Dakota and you need to hire a North Dakota criminal defense lawyer right away (if you do not already have one).

    It would not be out of the question in my jurisdiction, if the same thing happened, and the defendant showed up without a plan and without an apology and without a lawyer, to be taken into custody ON THE SPOT. Get a lawyer to go to court with you or you may potentially need to take a toothbrush with you ....

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . I agree with Mr. Davis, that a Court is likely to view this as either a Contempt of Court, or an aggravating factor at sentencing. Discuss this with either your lawyer if you already have one, or with an experienced criminal defense lawyer admitted to practice law in ND before you go back to Court.

    DISCLAIMER
    This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Since the facts of each case are different, it is critical for you 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. Do not presume that the law of the State where I practice will apply to the circumstances you are faced with in the State where you are charged. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.

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