I was stupid and got a third dui. First dui was 1985 secnd dui 2002. For this third dui I have questions about the sentencing. There was no probable cause for my dui-the officers said it was because my ex had called in and said I was harassing him (which he actually was harrassing me). I did the breathalizer and it was .14. The officer stated that my driving was fine and I did no jail time for the night in fact they gave me a ride home. I was sentenced to drug court for thirty months. Time passes with the procedures. I went back to school to further my education and that has help give me hope for a better life. I was sentenced to drug court for 30 months of drug court, no jail time, on June 29,2009.I was to start drug court July 6,2009. Then the Today July 3, 2009 my lawyer called and said that it was mandatory I do 40 days in jail, and then 30mos of drug court.I am confused that the Judge told me no jail time (with the exception if I was to not meet the criteria of Drug Court) but my lawyer calls and tells me over the phone that the Drug Court Judge says it is mandatory that I do 40 days in jail and Drug Court. Hence, the Drug Court judge over ruled the judge that sentence me. Is this correct? Also, how is it that my Lawyer never mentions this consequence to me until the very last moment. I have a lot that I will loose i.e. my home and school because I am being told so late that I do not have the time frame to prepare. Is the lack of advice and ethics of my lawyer in any way unlawful i.e. withholding information of how the sentencing could change? And it changes so fast without time to prepare for such losses? I am told one thing but then something completly different. I did not realize after all was supppose to be in agreement this could change. Can you help with legal advise. I realize I should be thankful not to be in prison but I am very confused. I will lose home and probably schooling.
This message was edited by ashamedandconfu on 7-2-09 @ 9:51 PM
ashamedandconfu
07-02-2009 @ 7:10 PM