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MOST COMMON QUESTIONS OUR CLIENTS HAVE ABOUT THEIR DUI IN Fort Meade CASES Can we really win? Yes. In my opinion a win is obviously a not guilty verdict or an outright dismissal. However, we also look at a win as a DUI charge that is dropped or reduced to another offense. Frequently, either before or during a hearing on a motion to suppress, a prosecutor will appreciate the weakness of the case and reduce the charge, because they understand that a DUI may be difficult to prove. After learning of the facts of your case, we will tell you what we need to do to win and what our chances of success are.
Can I plead Nolo or No Contest? A nolo plea for offenses prior to July 1, 1997 could save your driver’s license. However, it is of little use today, because it will not save the license. It may carry some benefits in the event of an auto accident where liability is an issue.
Will the Prosecutor know my record? The State has access to your history. In most cases the State will know all about your prior record, although some states (e.g., Florida) do not report on-line. They will also know if it is clean. The prosecutor may obtain a national criminal history which should show prior offenses in other states. We do not present this evidence to the State, but we must know the truth so we can adequately prepare your defense.
How long does a DUI stay on my record? In Fort Meade a DUI will remain on your record forever.
I do not live in Fort Meade, so how will this affect me, and will I have to return for court? Fort Meade can suspend your privilege to drive in this State, but it cannot suspend your license. In addition, it cannot issue any kind of limiteed permit for a person with an out-of- state license. However, if convicted, your state will most likely find out and issue some sort of suspension. Most likely, you will have to return to Fort Meade for at least one court appearance.
Will I go to jail for this? Yes, a DUI carries a maximum penalty of 12 months in jail and a minimum period of 24 hours in jail, with two exceptions (first in five years with a refusal or BAC under .08). DUI has become a very serious issue, and most judges will give jail time for even a first offense. Most judges will look at a lifetime record. Even though the law only has specific penalties for DUI’s within a five year period, it is not uncommon for a Judge to look outside that window to determine a sentence.
Can I get a work permit if I am convicted? It depends on a number of factors. If it is a first offense and you are not administratively suspended for a refusal and you have a Fort Meade Driver’s License, you should be able to get a permit unless you are under 21. The limited permit will not permit you to operate a commercial vehicle. Of course, if we obtain a non-DUI disposition, you will not suffer any suspension, and an administrative suspension is erased. If it is a second offense in five years, you cannot get a limited permit until 12 months after the suspension goes into effect and you have an interlock ignition device installed on your car. If it is a third offense in five years, a permit is only available after two years. However, if you have been administratively suspended, these answers may change. There are many different situations, so an individual analysis is what you need. It costs nothing to talk to me, just call 410-486-1800 if you are outside our area code.
What is an interlock ignition device? It is a device that is installed on the steering column of the car and requires a breath sample in order for the car to start. In addition, it will beep at intervals and require breath samples. If any alcohol is detected, the car will shut off. An interlock device is required on all second offenses within a five year period. Some judges require an interlock on all second offenses lifetime and can impose it as a special condition of probation, even on a first offense lifetime.
When can I speak to you? We are in court on a regular basis.
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