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Plea bargain in Pa.?

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bossfan

Junior Member
What is the name of your state (only U.S. law)? Pa.

I F'd up again. 2nd DUI but counts as a first since it's been 13 years. Prob a stupid question but is there any way I can get the charge lowered to a driving while ability impaired instead of highest BAC? Blood came back .23. I thought that if I entered an inpatient or outpatient program and racked up a bunch of AA classes in the next couple moths the prosecution might consider letting me plea to the lower charge. It's still a DUI, and a conviction is a conviction, right? Doesn't the DA's office try to avoid trials if they can? It's not like I'm asking for a reckless driving charge. If the answer is no, maybe someone can elaborate as to why they would turn down an easy guilty plea...specially if I can show I am turning over a leaf. I have decided that a life of drinking (even on weekends only) has caused me too much trouble. Yeah, I know somebody is going to say "Too little too late" but I'm actually excited about it. No matter what happens with my case I can at least look forward to a future (whatever that may be) with a much clearer head. I'm 41 so I can at least move into the 2nd phase of my life clean and sober.

Anyway, sorry this was so long. I have the feeling that I'm going to be told that my only hope is the judge maybe showing leniency should I show an effort to stay clear of alcohol. I really don't think I'll miss it. The only thing I will miss is the conversation and laughter amonst friends on a Friday night after a long week at work. But I suppose I can still do that....and drink soda. Thanks for any help. Take care.

PS I'm probably going to lose a really really great job over this. So be nice if you can. I still wake up every day not believing I'm trapped in this nightmare and I'm taking anti-depressants for the first time in my life. But I deserve it.
 


FlyingRon

Senior Member
U NEEDA LAWYER.

You are technically eligible for ARD, but the high BAC and past history may dissuade the DA to offer it.

I don't know of any "lesser" DWAI charge in Penn. Even if you plead guilty there will be three court appearances (one to waive prelim, the arraignment, and the actual "trial" where your guilty plea is entered). DA's aren't uniformly lazy, they like to get convictions and if yours is a slam dunk why should they deal. Your lawyer can tell you what the best chance is.
 

bossfan

Junior Member
U NEEDA LAWYER.

You are technically eligible for ARD, but the high BAC and past history may dissuade the DA to offer it.

I don't know of any "lesser" DWAI charge in Penn. Even if you plead guilty there will be three court appearances (one to waive prelim, the arraignment, and the actual "trial" where your guilty plea is entered). DA's aren't uniformly lazy, they like to get convictions and if yours is a slam dunk why should they deal. Your lawyer can tell you what the best chance is.
Thanks for the fast reply. I'm not eligible for ARD....my record has 1 other misdemeanor charge from 6 years ago (non alcohol related) so I guess I'm screwed. I have a lawyer....at first he said there was a chance to get a plea offer but then backed off it last time we spoke. I never brought up the AA or inpatient treatment stuff to him so I floated it here. Dumb idea I realize but I need the help, anyway.

In Pa. there are 3 tiered charges A) Driving while ability impaired B) high rate alcohol and C) highest rate of alocohol. I obviously have the A and C charges. Not sure why my lawyer said that they may offer the plea to the A at first....he's an ex ADA so I figured he would know. But as I said earlier he backed off that statement recently. I guess I'll wait until after discovery to see what happens. BTW he is prepaired to take this to trial but I'm not 100% sure on my end. If I lose isn't there a good possibilty the penalties will be higher?
 

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