Should I get an attorney for these consecutive offenses charged? 14 Answers as of February 21, 2012
I got a DUI in May 2011. License was suspended and was given probation 3 years. License was suspended until March 2012. I got pulled over in Septemeber 2011 and issued a ticket for driving with a suspended license due to DUI. I reported this officer because at that time I believe he was being bias. He had no reason to pull me over. I was going through a divorce at that time. The officer's girlfriend was my ex wife's best friend. He didn't like me at all. I went to court and judge told me to sign up for the DUI classes and compete a program and get my license. Next court date March 27th 2012. Last night, same officer pulled me over and issues me a ticket for 14601. Should I get a lawyer? Also, I forgot to mention that I am in the military. I have a pending deployment to Afghanistan.Free Case Evaluation by a Local Lawyer!
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Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes. He can work on the case without rushing a decision while you are deployed.
Answer Applies to: California
Replied: 1/30/2012
Law Office of Martina Vigil | Martina A. Vigil
Yes, you should retain an attorney. You are looking at probation violation charges as well as driving on a suspended license. The District Attorney will probably want jail time.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Dennise S. Henderson | Dennise Suzanne Henderson
Probably a good idea. If he just gave you a driving on a suspended, not really a problem. If the DUI is righteous, and they did everything legally, probably best to take the deal with DA. But make sure it doesn't affect your military position. It doesn't look good to the court that your disobeying a court order for driving. Once you sign up for the classes they should give you a license to go to and from work and the program.
Answer Applies to: California
Replied: 1/27/2012
Law Offices of Phil Hache | Phil Hache
Yes, you should definitely have a lawyer defend you on the driving on suspended license charges as the penalties can be quite severe. Also, stop driving without a valid license. You don't want to pick up more charges.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Jeff Yeh | Jeff Yeh
You should, because the reason for the stop is as important as the merits of the case. If this cop is pulling over as part of a set up and for no other reason the case should be dismissed.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Michael Bialys THE DUI MAN | Michael Bialys
You could be facing substantial jail time. In this situation I always recommend getting an attorney.
Answer Applies to: California
Replied: 2/21/2012
Law Office of Anthony Sessa | Anthony Sessa
Yes! Sounds like you are being setup for a fall. Also, these misdemeanor offenses will follow you into your military career and cause a lot of unnecessary grief.
Answer Applies to: California
Replied: 1/27/2012
Attorney at Law | Ernest Krause
The officer SOME reason to stop you. Such as malfunctioning taillight. But if he knew you were on probation that is sufficient. If he were taking an educated guess I don't know. Did you plead guilty to driving on a suspended license? If so, you should have raised the issue of the propriety of the officer's detention before the plea. Go on craigslist and elsewhere for advice from an attorney. This is very simple. Don't pay more than, say, $200 dollars. Don't you have access to legal advice through the military? Be stubborn when the attorneys want much more than the $200. I think, based on what you've said, you could tell your story directly to the judge. Why not google "automobile stop by biased officer" etc.? Once you are deployed there is a freeze on the legal proceedings, right.
Answer Applies to: California
Replied: 1/27/2012
Dennis Roberts, a P.C. | Dennis Roberts
Get a lawyer IMMEDIATELY. You might even have a good civil lawsuit against this cop. There is a very ugly case in Contra Costa right now where a private detective, hired by wives going through divorces, had hishooker friends set up these guys in bars, get them drunk, and then a "friendly" cop would bust them for a DUI. The cops and private eye are now being prosecuted. Good luck. Pigs like this should not be on the force. It is more common than you think. They exercise petty revenge constantly.
Answer Applies to: California
Replied: 1/27/2012
Law Office of Keith Allen | Keith LaSalle Allen
Yes, you most certainly need an attorney immediately, especially if you want to deploy. You could end up with a violation of probation charge for the two driving on a suspended license charges, which are misdemeanors. You could wind up in jail rather than deploying, which would possibly result in you being administratively or dishonorably discharged.
Answer Applies to: California
Replied: 1/26/2012
Todd Landgren, Professional Law Corp. | Todd Landgren
You've got many problems here and you definitely need a lawyer. 1st problem is, a conviction will suspend your license for 1 year, carries a $1300 fine and requires mandatory jail. 2nd, The second conviction is also a $1300 fine and mandatory 30 days in jail etc. 3rd, you would be on probation and that could affect deployment. Get a lawyer familiar with the court. Any plea to a 14601 while on probation is a mandatory license suspension and a possible probation violation.
Answer Applies to: California
Replied: 1/26/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Get an attorney and stop driving until you get a license. How much this cop hates you is only one factor for the jury to consider in deciding whether or not they believe him. You will also probably need the assistance of an attorney to assert the application of the soldiers and sailors act. Might also consider application of re-enlistment policies [if enlisted] re your ability to re-up. Think you might also be prosecuted unde UCMJ, but it has been awhile since I did that work.
Answer Applies to: California
Replied: 1/26/2012
Law Office of Andrew Roberts | Andrew Stephen Roberts
Yes you need an attorney. Driving on a suspended license due to a DUI is mandatory jail time. This must be resolved.
Answer Applies to: California
Replied: 1/26/2012
Law Office of Thomas F. Mueller | Thomas Mueller
Unfortunately for you bias is not a defense to the charges unless it affects the credability of a prosecution witness. However you can raise the issue with the D.A. or Judge to see how far it gets you. Your best course of action is to get your privilege restored, that way you won't keep getting tickets.
Answer Applies to: California
Replied: 1/26/2012
