first time dui
my daughter recently recieved a 6month sentence for afirst time drunk driving and 6 months for drivimg on a suspened licsense.she is also facing a posesion of a pot pipe charge.she is serving 1 year in a rehab.and will be apearing on her posesion charge in acouple of weeks.is there alaw to dissmiss ajudge.for this judge has taken it personal against my daughter.and she wiill not get afair trial.or maybe a moition to modify sentence.please reply i do not know montana law.thank you. help distressed dad.
1 Answer from Attorneys
Re: first time dui
To do something different with the two charges your daughter has already been sentenced for is difficult. Motions to set aside the plea of guilty are very difficult to succeed with after sentencing.
The newest charge, the possession of drug paraphernalia, is the one that she has not yet been found guilty or or pleaded guilty, correct?
Sometimes a judge can be substituted out but it is not automatic, there must be cause. You should contact a lawyer who practices in the place where this judge presides. A lawyer who knows the judge is more likely to have success with either setting aside the guilty pleas or substituting out the judge. Good luck to your daughter.
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