Drunk driving and probation before judgement.
I was recently arrested for drunk driving. My question is this, I was very cooperative with the officer. I submitted to a breathalizer. I failed the Breathalizer at a level of 0.09. I was initially pulled over for crossing the white line. I am 40 years old, married with a four year old child. i have absolutely no prior arrest's . I have no tickets on my record. I feel just awful about this. Should i expect a finding of ''Probation before Judgement'' ? And if so how does this ruling affect me? And if not just what do you think i should expect??? And what should i do about it??
If it matters, I was pulled over by a Maryland State Police officer.
3 Answers from Attorneys
Re: Drunk driving and probation before judgement.
There is a very good chance you will get the pBJ, probably with conditions. You may have a number of other options which only an experienced lawyer can fill you in on. You'll lose nothing by calling for a free phone consult. I am at 1-800-924-6217, if you wish to talk, one on one, confidentially. My name is Joe Trevino.
Re: Drunk driving and probation before judgement.
Based upon my experiences in handling DWI/DUI cases
for the past sixteen years, I can only provide you with some general observations:
1. A PBJ is not a "given" merely because you have no prior convictions for drunk driving.
2. A PBJ is absolutely up to the discretion of the particular judge that is assigned to hear your case.
3. Some of the judges in the more rural counties have been reluctant to grant PBJ's for whatever reason.
4. If you enroll yourself in an alcohol treatment program and AA before the trial date and IF you successfully complete those programs and IF your case happens to be in Prince George's, Anne Arundel or more urban counties, then, you chances of receivng a Probation Before Judgment would be increased substantially.
I would be happy to answer any additional questions that you might have by telephone.
DISCLAIMER
This response is provided by C. Michael Bradshaw,
Attorney at Law for informational purposes only
and is intended to be used as a guide before you
consult with an attorney who is familiar with your
specific legal situation. This response is not
intended to be a substitute for the advice of an
attorney. If you require legal advice about your
particular case, you should seek the services of
an attorney. � 2001 C. Michael Bradshaw All rights reserved.
Re: Drunk driving and probation before judgement.
I agree with the first two posting regarding receiving a PBJ. However, there are other issues for you to consider. You have stated that you were pulled over for crossing the white line on the road. A recent appellate case suggests that merely crossing the white lane marker is insufficient to stop a vehicle. Thus, if the stop was improper, the charges against you could be dismissed. It is for this reason that you should consult with an experienced attorney. While a PBJ is certainly possible, an acquittal would be a much better outcome. If you would like to discuss the matter in more detail, I may be reached at (301) 838-8950.
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