hog88
Your ray of sunshine
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- Sep 30, 2008
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It’s a question for the jury, which means it’s not automatic. A lot of juries are receptive to the argument that the defendant did the right thing (I.e. sleeping it off or letting the car drive itself). This gives you some leverage to try to get it reduced by agreement.
If you fail to reach an agreement with the prosecutor, a conviction could happen and I think it would be upheld on appeal.
I wouldn’t be surprised if the law is changed to make it clear that it encompasses this situation.
Can you even get a jury trial for a DUI?