How does a plea bargain work in a drunk driving case?
A plea bargain in a drunk driving case is a legal agreement between the defendant and the prosecutor, in which the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or for the dismissal of other charges. For example, a defendant might plead guilty to a charge of reckless driving in lieu of a charge of driving under the influence. In New Hampshire, plea bargaining is typically used when the prosecution does not have enough evidence to prove guilt beyond a reasonable doubt on a charge of driving under the influence. In these cases, a plea bargain can offer both parties a way to resolve the case without having to go through a lengthy trial. In a plea bargain, the parties must agree to the terms and conditions of the agreement. The defendant must plead guilty to a lesser charge, and agree to the sentence that the prosecution recommends. The plea agreement must be approved by the judge. Once the judge accepts the plea bargain, the guilty plea is entered into the court records and the defendant is sentenced as agreed upon in the agreement. The defendant is usually required to pay various fines and fees, and may be sentenced to an alcohol abuse prevention or treatment program. The defendant may also be prohibited from driving for a period of time, or their license may be suspended or revoked.
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