Motions for 2nd DUI

Question Details: Please any advice would be great. I am dealing with the DA about my second DUI and she wants to give me 1)14 day in hospital **** program 2)90 day suspended for 2 years 3)RMV requirnments 4)money to pay fees, and fines what type of Motions should i file to maybe drop one or more of these iteams. details would be very helpful aswell. and i know that its stupid to do it my self but i have no money so i am depending on myself

Asked 8/10/2009 under DUI / DWI | 319 View(s) | More Legal Topics

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William T. Harrington / Harrington & Harrington Answered 2 years ago | Contributor This attorney is licensed in Massachusetts

The ADA seems like she is offering what is required under the statute.  However, the ADA has discretionto only charge you as a first offender.  There is room for negotiation.  Also, you could have a viable motion to suppress key evidence or to win at trial.  If you are truly without assets, you should be able to have the court appoint you a lawyer. If not, you should really try to come up with money to hire an attorney.  Representing yourself is never a good idea.  A high percentage of OUI cases that go to trial are acquittals.  You owe it to yourself to hire a good attorney.  My brother and law partner has successfuly defended numerous oui cases, I and he would be happy to speak with you. Bill Harrington, 617-426-7400, harringtonharrington.com

You don't file motions to deal with this.  If you can't reach a deal, the DA will probably let you plead guilty and argue sentencing to the judge.  She'll make her pitch -- quite possibly for a worse sentence than she's offering -- and you can tell the judge why you thing it should be lighter.  Remember that you will not be able to talk about her offer in court, it's not permitted (otherwise, nobody would ever talk about settling cases, and that wouldn't be good at all).

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