Calculation of Plea Bargaining for Driving Under the Influence

Introduction to Plea Bargaining

Plea bargaining represents an alternative solution for those facing a charge of driving under the influence. It is an agreement between the defendant and the prosecutor that allows for a reduction of the expected penalty, avoiding a lengthy and costly trial.

Driving Under the Influence: Legal Aspects

Driving under the influence is regulated by articles of the Road Code, which provide variable sanctions based on the detected blood alcohol level. Penalties may include fines, suspension of the driver's license, and, in severe cases, even imprisonment.

"A blood alcohol level above 1.5 g/l can result in severe criminal penalties."

Calculation of Plea Bargaining

To calculate plea bargaining, it is essential to assess several factors, including:

  • The detected blood alcohol level.
  • Any prior criminal records of the defendant.
  • Specific aggravating or mitigating circumstances of the case.

Plea bargaining allows for a reduction of up to one-third of the expected penalty. However, it is crucial that the agreement complies with the parameters established by law.

Attempted Crime

A particular aspect is the attempted crime, which can influence the plea bargaining negotiations. In these cases, the attempt of the crime may lead to an additional reduction of the penalty.

Plea Bargaining Scheme

The scheme for plea bargaining involves the following steps:

  • Assessment of the severity of the crime.
  • Negotiation with the prosecutor.
  • Acceptance of the agreement by the judge.

Each phase requires careful legal analysis to ensure that the rights of the defendant are respected.

Conclusion

If you find yourself in a similar situation, it is essential to rely on experienced professionals. The Bianucci Law Firm is at your disposal to provide you with assistance and guide you through the plea bargaining process. Contact our team of experts for personalized advice.

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