如果在酒駕的過程中、車上有未成年的兒童、檢察官通常會加一項「兒童危害」的指控 (enhancement)在酒駕的告狀上(complaint). 如果兒童未滿十四歲、檢察官也可以另外起訴一項分開的「兒童危害」罪名 (separate charge). 這項跟酒駕分開的罪名可以是輕罪也可以是重罪、就看檢察官怎麼覺定。不管是 enhancement 還是 separate charge, 兒童危害一旦有罪/成立,您就一定得坐牢。要打贏「兒童危害」的告狀的最好方案就是讓酒駕的罪名不成立。
More often than not Child Endangerment is attached to a DUI charge as an enhancement allegation (if the child was under 14 years old). When this happens, a first offense will result in a minimum of 48 hours in county jail; a second offense within 10 years will up the jail minimum to 10 days; a third offense within 10 years will up the jail minimum to 30 days; a fourth offense within 10 years will up the jail minimum to 90 days.
No. A conviction for DUI when a child is in the car is in and of itself evidence of Child Endangerment.
That depends on whether Child Endangerment appeared as an enhancement to the DUI on the Complaint, or the prosecutor alleged it as a separate charge. If the latter, you could theoretically still get convicted of Child Endangerment by the jury even if you were acquitted of the DUI (in practice, however, this would be extremely rare).
The prosecutor can allege one count of Child Endangerment for each child in the car. So if you had 3 children in the car during a DUI, you could face 3 separate counts.
Ask yourself 3 things: a) Will this lawyer actually be the one representing you? Or does this lawyer simply pass the case off to “one” of the associates. b) Does this lawyer specialize in DUI? Or does this lawyer take whatever walks in the door? c) Is the quoted fee the “actual” fee that you will be paying? Or are there plenty of hidden fees that will hit you when you don’t simply plead guilty?
You should absolutely NOT respond to such a letter. You have the right to remain silent, and that means the right to NOT speak to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later. In short, no benefit can be derived from responding. You should contact a lawyer ASAP if you have received such a letter or voice mail.
Absolutely, especially if you forgot about the right to remain silent and copped yourself out. Remember, no matter what you said it will be twisted around and used to make you look guilty. Also, many refusal cases still (unfortunately) involve Field Sobriety Tests, which are designed to make anyone, sober or not, look impaired. With that said, a refusal DUI is usually more defensible than a regular DUI, since there isn’t a specific number that prosecutors can point to, but the consequences of conviction are more severe.
First of all, being over the legal limit is just the starting point, and all DUI cases that are won involve people who are at or above the legal limit (or they refused). If you were under the legal limit, you wouldn’t even have been cited. Second, just because you feel you are guilty, it doesn’t mean you need to have the full brunt of the consequences crash down on you. With proper representation, things like jail time, license suspension, fines, probation, alcohol school…etc. can be reduced or eliminated, guilty or not.