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    poppycali's Avatar
    poppycali Posts: 2, Reputation: 1
    New Member
     
    #1

    May 7, 2009, 08:42 PM
    Very unfortunate - Info on Aggravated DUI needed
    I know it varies but state and circumstances, but in NE is there any leniency for someone with 9 yrs driving experience, no prior tickets at all, no DUIs, who has eceived Aggravated DUI because they found his BAC 0.215 and he had a minor accident with no person injuries? This is a medium-profile person. He fixed his car immediately and his insurance covered their car damage. He does a lot of volunteer work, is in college and working but is supporting his family. Can his public defender ask for a Stay of Adjudication? He is not a "drinker" - this was very unfortunate, he hadn't eaten or drunk anything else during and after the social event... so. The CP apparently is very green--relatively new on the job. Eeks...
    Sunflowers's Avatar
    Sunflowers Posts: 218, Reputation: 23
    Full Member
     
    #2

    May 7, 2009, 09:18 PM

    The circumstances that matter is the fact that a collision occurred while driving drunk. Aggravated DUI is bad even if there were injuries or whether he ever had any kind of ticket before. Though it would be worse if he had a history of the same. It also does not make it any less serious because of fixing his car immediately. The other things ~the volunteer work, attending college, working and supporting a family) may be considered in a pre-sentence review or evaluation (if there is one done). These are serious charges and his public defender might be too busy to do a lot of fancy motion filing. If he wants a better outcome he should hire a good lawyer.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    May 8, 2009, 04:59 AM

    What matters is the condition of the person at the time of the accident.

    For a good result hire a GOOD, experienced criminal Attorney.

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