A friend of mine charged with an OVI and his lawyer said that he should be grateful that the prosecutor charged it under "city code". What does that mean?? And what is the advantage? This was his first charge (of any kind) and he's a 63 yr old business owner. Thank you!
Asked on 2/23/11, 11:15 am
1 Answer from Attorneys
Timothy Hess
T. Hess & Associates, LLC
When it is charged under city code (as opposed to State code) the judge does NOT have to impose the mandatory sentences as stated in the State code. This allows for the judge to have greater discretion when imposing a sentence and means that your friend may not have to go to jail, as he would under state code.
Answered on 2/23/11, 1:20 pm
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