Lebanon, TN asked in DUI / DWI and Criminal Law for Tennessee

Q: Is it,possible to plea,for,medical reasons. To receive no jail time.

Being charged with Dui. 2nd offense. Non alcohol related. Due to medication. Do not know blood results. Arrested. Taken to,jail. Bonded out. Probation violation. Within 5 days was fighting for my life... Flesh eating bacteria. Strep and 2 others. Had,life saving surgery and facial reconstructive surgery. Possibly picked,up, bacteria in jail. Had been no where,else, in between jail and home. Cant be around germs due to,cancer recovery. Possible personal injury case? Idk. Already,hired attorney. Court was rescheduled. Awaiting trial. Should I,go to,rehab? Would,that help. Court date of 25 Sep. Failed field sobriety due to medical. 2 test given. In Tennessee. Surrender license. Under doctors,care. Cancer recovery. What lies,ahead. Attorney busy on,murder trial. Do I jave any options?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: You need an attorney that is competent. Medical problems have no effect on sentencing. You probably need to prepare for a Preliminary Hearing, and if indicted, try to get a 1st Offense or try it as you have little to lose. Prescribed Medication is worse than alcohol as there is no standard on impairment. You could get up to 21 days of in-house treatment credit on your mandatory 45 day Sentence, but your lawyer should have already told you all this and more. Hire someone else.

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