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Girlfriends car through a bus shelter crash. I got chaged with DUI, over 80 and failure to stop. This is my first DUI offence. Besides hiring a local attorney will I go to jail?
13 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Depends on the Court.
Answered on Jun 27th, 2013 at 9:20 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you drove the car through a bus shelter I would guess yes. This is only a guess. May help if you can pay to repair the shelter.
Answered on Sep 26th, 2012 at 11:31 PM
Dennis P. Mikko
Typically, on a first offense DUI there is not jail time other than the intial night in jail. Your total background will be reviewed to make a final determination. An attorney can be helpful in answering your questions and assiting you through this process.
Answered on Sep 21st, 2012 at 10:48 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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It is entirely possible. You face felony DUI, hit and run, and other misdemeanor charges. You'll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much time could potentially be imposed. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 21st, 2012 at 10:48 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated including whether anyone hurt in the crash and what was your blood alcohol level? I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest/case/situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 21st, 2012 at 10:47 PM
Michael Paul Vollandt
Could be becasue there is property damage as a result of the DUI. Depends on a lot of factors.
Answered on Sep 21st, 2012 at 10:46 PM
Michael J. Breczinski
You could just because of the circumstances. You should not say "my first DUI" it sounds like you are planning to get more.
Answered on Sep 21st, 2012 at 10:46 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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Your facts are a little confusing. I am assuming that you are saying you drove your girlfriend's car in excess of 80 miles per hour, failed to stop (I guess you were being pursued by police), and then crashed into a structure of some sort. With the charge of failing to stop and speeding 80 miles per hour, easily charges of reckless driving, failure to maintain lane and a host of other charges could be added. And, if your fact pattern included failing to stop when pursued by police, you could add the charge of fleeing and attempting to elude. If you are saying that you were simply speeding in excess of 80 mph and then crashed while driving under the influence, that alone would cause many judge's and prosecutors to become a little excited. An innocent by stander or innocent driver could have easily been killed or seriously injured. I don't know what county or court your case is in. There certainly are many jurisdictions that would want you to serve some jail time. You need a good DUI attorney to assist you.
Answered on Sep 21st, 2012 at 10:45 PM
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Usually for a first time DUI, a person is sentenced to two days in jail. However, the fact that you were going over 80 and hit a bus shelter might cause a judge to sentence you to a longer sentence. Your best chance at avoiding a jail sentence is hiring a local attorney.
Answered on Sep 20th, 2012 at 3:22 PM
Administrative/ Regulatory Attorney serving Airway Heights, WA
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Clinton Law Office
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Likely yes. You will spend at least one day in jail.
Answered on Sep 20th, 2012 at 2:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a possibility given all of your actions. It will depend on the judge, and how contrite you are.
Answered on Sep 20th, 2012 at 2:29 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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The accident makes it a little sticky. Usually, you would not get jail, assuming you plead guilty. However, your breath or blood alcohol content will be the determining factor in jail. Note, hire a DUI attorney, not a local attorney. DUI is a specialty area. Especially, if you are going to attempt to exclude evidence of a blood draw or breath test. Hope this helps.
Answered on Sep 20th, 2012 at 2:28 PM
You face up to 180 days in county jail, and the DA may ask for some because it is an accident + speeding case. You need to hire not just someone local, but a DUI specialist who knows what he is doing. And you better do it soon because you have only 10 days to save your license.
Answered on Sep 20th, 2012 at 2:22 PM