Yes, I think you need a lawyer.
Driving under suspension in most states
carries mandatory jail time.
In North Dakota, where you are from,
driving under suspension is a class B
misdemeanor for the first, second, or
third offense within a five-year period.
However, if the person's driving
privileges were suspended or revoked for
driving under the influence of alcohol
or drugs, a jail sentence of at least
four consecutive days must be imposed.
The jail sentence cannot be suspended or
deferred. In addition, the court may
impose a fine, and in its discretion,
order the license plates of the offender
impounded for the duration of the
suspension period.
North Dakota law does not allow
someone charged with driving under
suspension to challenge the underlying
suspension order for the first time in
the new case. One of the few available
affirmative defenses to the charge is
driving under duress, but that requires
the existence of conditions along the
lines of "life-threatening forces of
nature." It doesn't sound like this
applies to your boyfriend's case.
The consequences of driving under
suspension in every state can be quite
severe. I highly recommend you retain a
criminal defense lawyer experienced in
traffic matters in the county where the
violation occurred to resolve this
case.
An attorney may be able to negotiate
a plea to a lesser charge that does not
involve mandatory jail time and won't
result in the revocation of probation
for the original DUI. A lawyer who
regularly practices in that jurisdiction
will be most familiar with the
prosecutor's and judge's plea and
sentencing policies. If the matter
cannot be resolved to your boyfriend's
satisfaction before trial, his attorney
can represent him at trial, holding the
state to its burden of proof of
establishing each element of the offense
beyond a reasonable doubt. Even in the
event of a conviction, an attorney can
be of great assistance with presenting
mitigating information at
sentencing.
-- Jeralyn Merritt
