If I am already sentenced for a DUI can I take it back to the court and fight?
It was my first ever offense. My car was parked in a parking lot and the car was shut off for 10 minutes by the time cops showed up. I'm on 24 months of probation $1450 and prime class with supervised probation. I blew .56. Can I fight this or go to jail for allotted time to get off probation?
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By the way, we have heard many people make this kind of bravado remark often in drug cases because they do not want to test. There are not many scenarios where it is a real bargain. But there are some where it makes sense, at least in the short term, to the client.
Now, you should also discuss with your lawyer candidly why you do not want to be on probation. You have a first DUI with a high blood alcohol level (by your own assessment). this suggests that you have a problem that you need to deal with. I say this not as a social worker but as a cold hearted criminal defense lawyer. If you are not dealing with an underlying problem that puts you at risk for arrest, you are liable to be arrested again. Next time it could be a felony or, worse yet, a DUI with injury or vehicular manslaughter.
If you want to be off probation so you can drink (or so you can drink and drive) you are not doing yourself a favor. You are just doing prison on the installment plan.
Having said that, maybe you have a good reason to be off probation and you should discuss that with your lawyer. But a first deuce with such a high BA may also be a wake up call.
Good luck with your choices in this.
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