Asked in Car Accidents and DUI / DWI for Pennsylvania

Q: would a claim of agitating a previous neck injury be considered serious bodily injury. It was a DUI accident?

I was charged my first DUI and received 6 months in jail and 18 to 36 months on the accident causing bodily injury or death. Just doesnt seem right. Can i do anything? I live in PA. The prosecutor was under the impression this was my 2nd DUI in which my pd corrected him.They did not adjust the jail time, I pressume since the 6 months was running concurrent, nobody cared to change it. Just does not seem legal to just throw numbers out there

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: You caused an injury. Perhaps it should have been delved into more but the problem is that it wasn't and a court is unlikely to reopen on that issue unless you are within time for an appeal.If it was an agreement, more difficult still--as you agreed and the judge ran you through the standard "colloquy" or recitation that you understood everything. Second thoughts abound in the law--but don't usually get you anywhere.

Sally A. Roberts agrees with this answer

Sally A. Roberts
Sally A. Roberts
Answered
  • Personal Injury Lawyer
  • Hartford, CT

A: You are not going to be able to change the sentence after you entered your plea. Before sentencing the judge would have questioned you under oath whether you understand the plea and was it voluntarily given.

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