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2nd dui

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It would seem to me that the choice you made, not one but twice, to risk the lives of others by driving VERY DRUNK is a "little harsh".

Something very wrong with that link .
If someone shows he's a risk to others with a firearm they take it away and prohibit him from owning one again, because he's shown that he cannot be trusted. But if he repeatedly drives drunk using a far more deadly weapon, a car, they simply keep returning the weapon to him no matter how many times he shows he can't be trusted.
 


Trinity300

New member
It sounds like you are talking above .15% BAC. The MINIMUM jail time is 90 days. The maximum is five years. You need to be talking to your attorney.

PA has a ten year look back, which is why the prior nine years ago can be held against you.

My BAC was . 20%. I already plead guilty thinking when I got sentenced I would do 90 days. Then my public defender calls me the day before and saysbthat the prosecuter is asking 9 months. My pd so new and young.
 

quincy

Senior Member
My BAC was . 20%. I already plead guilty thinking when I got sentenced I would do 90 days. Then my public defender calls me the day before and saysbthat the prosecuter is asking 9 months. My pd so new and young.
Your public defender might be new and young but I don't know how that matters.

For your offense, you are subject to up to 5 years in jail. Nine months seems a good offer from the prosecutor. You can withdraw your guilty plea if you feel you can do better at trial. A trial can be a risk, considering the sentencing guidelines and your high BAC.

If you have not yet been sentenced, you can file a pre-sentence motion to withdraw your guilty plea. If you have already been sentenced to 9 months in jail, you can file a post-sentence motion to withdraw your guilty plea. Neither motion has to be granted. The decision is left to the sentencing judge. But a pre-sentence motion has a decent shot of being approved.

Just know that if your motion is granted and you go to trial, you could wind up with a 5 year sentence.

Discuss this all with your attorney.

Good luck.
 
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FlyingRon

Senior Member
Have you yet been FOUND guilty? That is, have you been to court where the judge pronounces you guilty and you are now in awaiting presentence investigation and the actual sentence? Or did you just indicated you would plead guilty at arraignment and are waiting to go up for the actual "trial."

Typically in PA common pleas court you don't plead guilty unless you have an agreement to sentence. Nothing is irreversible until you go up before the judge and agree to the sentence and make a voluntary and knowledgeable admission of guilt.

You should be asking these things to your attorney. If you don't like the answers, you may ask him to get assistance or seek such yourself.
 

quincy

Senior Member
Where in the process Trinity is right now is not real clear from his posts, is it? His/her last post is confusing.
 
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