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Misdemeanor DUI, took deferred prosecution in Alabama, NOW I NEED HELP !!!

Russellville, AL |

Breath test was 0.0, blood test could only have shown my prescription medicine, (they couldn't find the results anyway) Entered deferral program, but rescheduled the evaluation several times & had not paid anything yet due to: my child having 3 surgeries, went thru a 5 month divorce after 27 yrs marriage plus I'd learned it cost more & lasted 2ce longer than I was told on court day. When I finally did go for my evaluation appt, instead of being evaluated, I was given a new court date. Should I apply for appointed lawyer or borrow the money & hire my own? Any opinion on what I may be sentenced with?

Attorney Answers 4

Posted

I am sorry if this offends but it sounds like you should have hired an attorney before you took the deferred prosecution. After all, it sounds like there were a lot of problems with the case that it is likely too late now to bring up. So, don't make matters worse. Hire a DUI attorney now. Absolutely you should hire an attorney. Public defenders have too many cases. You'll want personal attention to your situation.
At your service,

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Posted

I've never even been inside a jail until that day, not even to visit. I really thought the "Driving Under Influence" would be dropped since I wasn't even driving; I was sitting in car taking a nap after driving for several hours & needed to rest before starting out on the second half of trip.

Patrick Mahaney

Patrick Mahaney

Posted

Unfortunately, you have made a bad decison by trying to be your own lawyer. Any qualified attorney would have informed you under Alabama law, the term "driving under the influence" includes being in 'actual physical control' of the vehicle. There is no requirement that the vehicle being "driven", only that it is capable of operation. Again, you need to seek the professional services of a qualified DUI defense lawyer.

Posted

There are many reasons and advantages to having a good privately retained DUI attorney represent you on your matter. Also, some attorneys in your area may be willing to give you a free consultation about your case. That being said, it may be possible to get a new evaluation date through a public defender too. It sounds like you are going through a pretty rough time right now, and there is a chance that the court will be compassionate and give you a 2nd chance. It is hard to advise on this situation since you know your financial situation better than anyone, but perhaps at least getting a consultation with a dui defense attorney in your area is a good idea.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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Posted

Is it possible they will add on more charges since I was unable to complete the deferred programs criteria in the alotted time frame?

Patrick Mahaney

Patrick Mahaney

Posted

Additional charges will not be added, but the orginal underlying charge of DUI will not be disposed of by deferred adjudication, but either a trial on the merits or a plea of guilty. If you were charged with a 'controlled substances' DUI offense, that constitutes a 'drug crime' under Alabama law and there will an additional period of driver license suspension for 6 months, in addition to the required base driver license suspension of 90 days for conviction of DUI. It is in your best interests to seek the professional services of a qualified DUI defense lawyer. Check the listings at: www.ncdd.com

Posted

Hire someone if you can. You should talk to a few attorneys before you make a decision.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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Posted

It is always in the defendant's best interests to obtain their own attorney and not rely on a court-appointed attorney. For a listing of criminal defense attorneys in your area, check the listing of the Alabama Criminal Defense Lawyers Association at: www.acdla.org.

In addition, you may wish to check the listings of attorneys of the National College for DUI Defense, or the NCDD, at: www.ncdd.com. Lawyers who are members of the National College for DUI Defense are "specialists" in the area of DUI and related offenses.

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