Q: After accepted plea deal is renegotiation possible at reconvenes?
2/21/17 DUI I was parked with flat tire in front of the Apt complex that my name was on lease. I turned into shopping Center across the street I dropped off my two teens who walked home. 45 day inpatient I did voluntarily and as part of plea deal 45 day outpatient in add to 3 m DUI class 15 day community 2100.00 fine DNA and 5 yr probation. I sighned up for treatment teleconferencing I work full time with opening and closing shifts I started this place Oct 20 it’s still going on the Center is saying 45 hours but they don’t want me in group which would go faster I’ve been ordered to appear for reconvene on the 15th I haven’t even started with all the other requirements. Luckily DMV mailed my license back with a letter saying set aside I called and was told .07 is not illegal they won’t hold it against me. I called Gieco they have 0 info so so far no s-22 because I asked. I’m frustrated with the whole thing I want to be done I’ve been sober for almost a year
A:
A LAWYER NEEDS MORE INFO.
HOWEVER IF YOU PLED CONTACT THE LAWYER WHO APPEARED WITH YOU EXPLAINING YOU WANTED TO ASK THE COURT THE WITHDRAW PLEA AND ENTER NOT GUILTY.
THE PROBLEM IS THAT YOU SIGNED PAPERS AND RESPONDED TO JUDGE WHO ASKED YOU IF YOU WERE PLEADING FREELY ETC.
THE COURT DOES NOT HAVE TO ALLOW YOU TO WITHDRAW PLEA.
IF THIS LAWYER PLED YOU TO A DUI WITH A .07 MAYBE YOU SHOULD HAVE ANOTHER LAWYER...UNLESS THERE WAS SOME EVIDENCE OF DRUGS ON TOP OF .07.
MOST COURTS WILL NOT FILE A .07 BUT THEY DO IN THE INDIO COURT.
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