Thursday, December 10, 2009

Withheld Judgments and DUI's

One question to consider when being cited with a DUI in Idaho is whether you are eligible for a withheld judgment. Below is a little background on withheld judgments to consider when negotiating a sentence for your Idaho DUI citation/offense:

WITHHELD JUDGMENTS


A Withheld Judgment is a form of sentence that a judge can impose on you once you have plead guilty to a DUI charge. Typically you are only allowed one withheld judgment in your life, although there are some exceptions. When you are granted a withheld judgment, you are not convicted of the DUI offense. Instead, you are placed on probation and upon successful completion of probation you can apply to have the charge dismissed.

EFFECT OF WITHHELD JUDGMENT


Even with a withheld judgment, the judge can impose jail time, fines, court costs, and can suspend your driving privileges. However, with a withheld judgment, a judge can suspend the driver's license suspension, resulting in no suspension of your license.

WITHHELD JUDGMENTS AND PROBATION


If you receive a withheld judgment you will likely receive court/record check probation or supervised probation. The Court has the discretion to put you on either type of probation. There are costs associated with each type of probation that you will have to pay in addition to your fines and court costs. If you fail to comply with your probation terms, the judge can re-sentence you and reimpose any of the sentence that was previously suspended.

Contact Mark Petersen, a Pocatello Idaho DUI Lawyer  for more information regarding withheld judgments if you have been cited with DUI in Idaho.