There are states that offer a program for those charged with DUI for the
first time and have no prior criminal record. These programs allow for
defendants to participate in a driver education program and probation in
return for a continued sentence that results in no criminal record upon
completion of the program.
It is not an easy process. Just because you are a first-time offender does not mean that you are guaranteed a place in the PTI program. In New
Jersey, for example, there are seventeen criteria used by the court to determine an individual's eligibility for participation in the PTI
program. Ultimately, however, the decision as to whether an individual will be offered a place in the program is up to the prosecutor. It is,
basically, a prosecutor's tool. If a prosecutor simply decides a
defendant doesn't "deserve" a place in the program, it is up to the defendant to prove the prosecutor overstepped his authority. Appeals to prosecutor's decisions regarding PTI participation are rarely if ever,
changed by the court.
If you live in Burlington, Essex, Colchester, Winooski, Williston,
Shelburne, or anywhere in the state of Vermont, and have been arrested
or charged with DUI or any crime, call Handy Law for aggressive and
experienced legal defense.
Blog
25May 2021