My boyfriend got pulled over for a DUI (2nd offense). There was no probably cause unless you count him not stopping at a stop sign for 3 seconds or longer (he still stopped) and increasing speed to 38 (speed limit 35). The state trooper took his blood and told him it would take 3 weeks. My boyfriend is in Brazil for work now and then Mexico after. Is jail the only option? I am scared he will lose his license, job, and go to jail-- meaning he might lose the house he just bought. Is there anything we can do- like plead for house arrest and no/ limited jail time? What can i expect?
I see that you have posted previously with a slightly different question, but on the same topic. It is clear that you are upset, and as you say, filled with questions. Your boyfriend, however, is the person who has to deal with this. Unless he specifically sought permission to leave the country after this latest arrest, he already has a problem. As I indicated (and as other attorneys indicated in a previous post) he needs a lawyer. Now. You won't get the answers you seek by posting questions here on AVVO. Your boyfriend needs to sit down and explain what happened to an attorney. The attorney needs to request discovery (police reports, etc.) from the police and the prosecutor. Those documents-- and the information he provides to his attorney-- contain the materials necessary to answer your questions. There may be defenses available to him. There may be ways to negotiate a plea that will not involve jail. But no one is going to be able to give you an accurate assessment without getting the information I have just referenced. AVVO has an excellent Find a Lawyer tool. Your local bar association may also be able to suggest the names of competent and experienced attorneys. If you want to do something positive, that's what can be done. He needs to find an attorney and set up an office meeting to discuss this. Good luck.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
I responded to a previous similar question from you, but this makes it all that much more important he proactively hires local counsel. With a 2nd Offense/Tier 3 DUI, there is a mandatory minimum 90 day jail sentence. That said, there are ways to utilize treatment and other programs to mitigate even this mandatory minimum sentence. York County counsel will be best suited to guide your boyfriend.
There are options. You must get him a criminal defense lawyer. He will lose his license for 1 year if found Guilty. As to jail time, your Attorney can probably work out a house arrest for several months, BUT he can continue to go to work to earn a living. He might have to wear a leg monitor under his pants(around his ankle. It probably will not go to Common Pleas Court till sometime in the Fall, and he might not have his guilty pleas and sentencing till many months from now.. I would not have him plead NOT GUILTY, as he will be convicted, and then the chances of avoiding jail time will be gone. He might find the jail time easier then the house arrest. So, you do have options. But, not for the loss of his driver's license. Get a competent Attorney in this field of DUI. Good Luck
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