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Chances at a PBJ in Maryland for DWI?
Anonymous7 views8 answers
Had a BAC barely over .08, Good grades including academic awards, have some good letters of recommendation, a completely clean driving and arrest record, did well on sobriety test. I simply had a few beers and hadn't had dinner. I will be starting alc edu classes very soon to have most of it done by the court date.
Is there any way to have one of these expunged anymore? I know laws have gotten much stricter in regards to these kinds of offenses.
I agree with what my collogues have said. There are many aspects of your case that an experienced DUI attorney can investigate for you that can help you determine whether or not you can successfully beat these charges. While I don't know the details of your case, it's possible that you can do better than a PBJ. Only an attorney will really be able to assess your case fully.
I won't rehash what the other lawyers on this blog have said. There's a lot of good advice here. I would only add that in Montgomery County, you stand a much better chance of getting a PBJ if you are already done with your alcohol classes when you go to court. Otherwise, you may have to file a motion for reconsideration.
"barley over .08" doesn't make a difference. If you did well on the sobriety test you would not have been charged. To persevere your driving record, talk to a criminal trial lawyer today.
Do not settle for a PBJ on a low reading DUI case. There are factors that can affect teh breath test reading. You should not blindly accept the number. A PBJ can never be expunged. You should contact an attorney who practices in DUI law and ask them how they will try to win the case, as in a not guilty. You can get a PBJ if you lose the trial
Ultimately, sentencing depends on whether you were found guilty, your prior record, how serious these are in the courts eyes, mitigation, and allocution. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation. DUI may not be expunged.
First offense, you will likely avoid points and a conviction, and limited consequences to your driving privilege. The public record of the charge, however, cannot be expunged. Therefore, even though you can avoid the guilty finding, the fact of the charge and how it was disposed of will come up on a background check. Hire a lawyer, as there is a right and a wrong way to handle this type of charge. There are also time sensitive issues regarding your license which must be addressed immediately.
Sounds like you are on the right track for a pbj. 21-902 alcohol offenses can not be expunged. I suggest you speak with an attorney. You may have trial issues. Why not try to beat it all together?
