BACKGROUND:
I am 20 years old. I was charged with a DUI and underage drinking (First charge). My BAC was .04. My eyes were not blood shot, my speech was not slurred, the officer did not smell alcohol. I stupidly admitted I did have a drink. (There was probable cause to stop me as I was driving through a warehouse parking lot late at night). I retained an attorney. He asked the officer up front at the hearing if he would be willing to drop the underage charge. He said yes but his boss would not authorize it. In the end the charges were dismissed because the officer failed to identify me during the hearing as the person he arrested. (technicality)
Now the charges have been refiled. My dilema - I asked for a public defender as I can't afford to pay the attorney fees again. (I do qualify for PD). Can the Public defender ask the magistrate to drop the underage. Does the magistrate have the power to do that?
Should I plead not guilty and go to court and could the judge possibly drop the underage charge. I realize I will loose my license but I don't know for how long. My goal is to get ARD. Can I ask for ARD at court or does my PD have to ask for that when I go to the hearing? On what grounds would ARD be denied.
What is my license suspension time if both charges stand?
What is my license suspension if I just have the DUI and the underage is dropped?
I am confused. I don't want to make things worse or incur anymore fines/fees than I have to.
My hearing is in 1 week.
I am 20 years old. I was charged with a DUI and underage drinking (First charge). My BAC was .04. My eyes were not blood shot, my speech was not slurred, the officer did not smell alcohol. I stupidly admitted I did have a drink. (There was probable cause to stop me as I was driving through a warehouse parking lot late at night). I retained an attorney. He asked the officer up front at the hearing if he would be willing to drop the underage charge. He said yes but his boss would not authorize it. In the end the charges were dismissed because the officer failed to identify me during the hearing as the person he arrested. (technicality)
Now the charges have been refiled. My dilema - I asked for a public defender as I can't afford to pay the attorney fees again. (I do qualify for PD). Can the Public defender ask the magistrate to drop the underage. Does the magistrate have the power to do that?
Should I plead not guilty and go to court and could the judge possibly drop the underage charge. I realize I will loose my license but I don't know for how long. My goal is to get ARD. Can I ask for ARD at court or does my PD have to ask for that when I go to the hearing? On what grounds would ARD be denied.
What is my license suspension time if both charges stand?
What is my license suspension if I just have the DUI and the underage is dropped?
I am confused. I don't want to make things worse or incur anymore fines/fees than I have to.
My hearing is in 1 week.