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For her 4th DUI my daughter is offered 18months in prison with her good times she would face 6 months . Is that a good deal : Andrea lost control of her car crashed it no one was involved, someone called the police they did a road side test which she failed , she was still dizzy from the accident. Police wanted to take a blood test she refused for she is on Xanax that was prescribed and that is not the reason she had an accident but she knows from her other DUI it does not matter and you still get charged. She feels that offer is not a good deal, but PB says she could face minimum of 4 years a d with her record changes are she will loose a trial and would end up with a lot more time. So we are trying to get a second opinion

Asked 22 days ago in DUI & DWI

Benjamin’s answer: To answer your question I would need additional information, like how long ago were her priors and how spread out are they. Additionally, what jurisdiction would also matter a great deal. In a general sense I have been able to get better deals for my DUI 4th's but they put in the work on the case to allow me to get them the deals with an abundance of mitigation work. I would say depending on the Judge it is possible to get 120 days work release and probation or even a halfway house rather then straight to prison in most DUI 4th's with the right commitments to get mitigation done.

Answered 22 days ago.


What happens if my husband got 3rd dwai with no alcohol involved? It’s been Over 10 years Since last dwai: There has never been alcohol involved in any of cases. He had taken a Xanax to help him sleep the night before and was driving to work the next morning eating apple and hit curb and was pulled over passed the breathalyzer and was taken to hospital for blood draw and taken to detox and was let out that afternoon. Was able to pick up his truck from tow company with no holds. He needs to be able to drive for his job. He told boss what happened and his job seems to be secure. He is a foreman in training and has wife and two kids. How screwed is he?

Asked 24 days ago in Criminal Defense

Benjamin’s answer: He needs to call an attorney ASAP, This is a complex defense where knowledge and access to a forensic toxicologist is crucial. As another poster pointed out the level of xanex will determine quite a bit on what happens with this case. I would reach out to a couple of attorneys and see what they have to say about the case and there plan for a defense.

Answered 23 days ago.


What are the odds of getting prison time?: I was offered a plea bargain for 2nd degree assault with 0 to 6 years for cutting the neck open of my girlfriend. She almost died. The judge gets to pick my time. I have no prior history though. The DA however told my public defender.. who I fired.. that if i take the plea, at sentencing she would bring up the fact that my ex wife (not the victim in this case) left me and fleed to another state (santcuary state) with my son five years ago due to alleged abuse. She has court records of my ex during custody battle stating she took my son and left because im abusive. Does that show the judge i have a history of abuse, making what I did to my girlfriend habitual? Will that make the judge want to give me time? I spoke with one lawyer who said ill probably get probation cause im a first time offender. I know i need to hire a lawyer...trust me. Im looking. Doesnt hurt to use this site for advice tho

Asked 2 months ago in Criminal Defense

Benjamin’s answer: I would say the facts will likely dictate time in prison or at minimum time in the county jail. Without knowing the judge or jurisdiction it would be hard to anticipate.

Answered 2 months ago.