Spotless record and asked the bondsman what to do and pretrial diversion is what he recommended since I’m a first offender. But never really been in trouble before and have no idea how to go about it or how to get on it. Do I need to hire an attorney? Public defender? Thanks guys!
The best way to navigate the criminal justice system is to hire an experienced criminal defense attorney. Diversion is typically reserved for individuals with limited criminal history, however an experienced criminal defense attorney may be able to challenge the lawfulness of the traffic stop, the search of the vehicle, the breath test, the validity of the field sobriety tests, the procedural requirements that the officer must comply with, and could limit and/or eliminate any sentence or fine. It appears that you are charged with three Class A misdemeanors, each of which holds a maximum sentence of up to 1 year in jail. DUI convictions also have a "interlock device" requirement that is both expensive and long-lasting. It is very important that you call an experienced criminal defense attorney as soon as possible.
Bail bondsmen are not attorneys and do not possess the legal education or training to offer competent legal advice. While Pre-Trial Diversion may be option, it may not necessarily be the best option. Any traffic stop involves questions of Fourth Amendment law. The initial traffic stop should be carefully examined before the next step which is the breath test and resultant seizure. The attorney needs to examine the breath test record and see if there is error. The search of the vehicle needs to be carefully examined in light of the decisional law of Arizona v. Gant. There may be a technical defense that can be asserted that will result in the suppression of the state's evidence. It is also possible, however, that the traffic stop was valid and the test result is accurate. In that event, it may be that Pre-Trial Diversion may be your best option. In any event, it is always best to let a qualified criminal defense attorney to review the facts and the evidence before entering a plea.
Your best course of action is to retain the services of a qualified criminal defense lawyer, and especially one that specializes in defense of DUI cases. Check the Avvo listing under 'DUI/DWI' for a qualified attorney in your area.
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