CA DUI (Drunk Driving) or Criminal Defense Issues
San Francisco Bay Area,
California
The Path of a Successful Defense in the California Superior
Criminal or DUI Court
There are two paths for your case - it all depends on whether you are
charged with a California felony DUI or misdemeanor DUI.
Each of the paths end in a jury trial, followed by a long appeals
process if you choose. The felony DUI begins like the misdemeanor in a
first appearance before the California Superior DUI Court called
arraignment. At arraignment, the DUI defendant is asked for their plea
- most of the time it is in the defendant's best interest to plead "not guilty" at this point.
For the felony DUI situation, the court must bring you to a
"preliminary hearing" within 10 court days unless you give up that
right - most of the time you will give up that right so that your case
can be investigated. Other times you, or your attorney, should force
the case to preliminary hearing right away. This is because if the
prosecutor's case is faulty at your prelim, you can have the felonies
reduced at this point by the judge making your case a misdemeanor. But
keep in mind that you were charged with a felony usually because
someone was injured or killed in your DUI incident.
In certain situations, multiple offenders w/ many priors in a row can
be charged with felony DUI - but the vast majority of felony DUI
charges are becuase of injury or death - you cannot be charged with
felony DUI for injury to yourself.
At the preliminary hearing, the judge must decide if there is evidence
at the level of problable cause to hold you over on the charges the
prosecutor has brought. You'll be held over for jury trial if the judge
so finds - if the judge doesn't find that the charges stand, the judge
can throw out the case or hold you to misdemeanor charges. Usually the
injury is very slight or you didn't contribute to the injury in your
driving - your DUI wasn't the fault for the accident, and thus the
injuries or death.
Because of the political influences surrounding DUI and drunk driving,
you should be very careful with these charges.
At this point, if you have been lucky to have your felony reduced to
misdemeanor, you begin again with arrainment in the Superior DUI Court.
This time, along with the other regular cases.
It is reported that in California, over 500 people a day are arrested
for DUI - very few people charged with DUI or drunk driving in
California are because of deadly accidents. Most of the regular people
arrested for DUI in California are for simple DUI - which is less
impaired than it used to be now that we are at t he .08% blood or
breath level.
To maximize your chances at plea bargaining, you again begin with a not
guilty plea to the charges. You then review the police reports and
other materials for your defense.
Even if you "feel" guilty of the charged crimes, your lawyer will not
agree with pleading guilty - we attorneys know how to best prepare a
case for jury trial and therefore successful plea bargaining.
You may file motions next or just ask for your day in court as soon as
possible. On the day of jury trial prepare for a week long event or
longer depending on the amount of witnesses and argument due in your
case.
After the jury deliberates, you'll know your fate unless you've already
settled your case with your lawyer's blessing. Remember, only you can
settle your case - once you do, the case is over.
If you don't put up a fight, you'll never know if you could have done
better, and usually you can do better than the average.
Good luck on your case.
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DUI Criminal Defense
Lawyer - Senior Jury Trial
Lawyer DUI Attorney, Author & Web Publisher
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3200 Geary
Boulevard,
2nd Floor
San
Francisco, California 94118
Map
to Office
(415)
750-4350
(800) 763-7171
Phone for Free
Consultation
Use this email CONTACT FORM
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Wet Reckless or hold out
for better?
California Vehicle Code §23103 pursuant to §23103.5 gives a
defendant a plea bargain of an alcohol related reckless driving - or
"wet reckless."
Other reduced DUI charges can include other offers - "dry" reckless,
speed contest, exhibition of speed, regular traffic convictions (1
pointers), and other outcomes.
A wet reckless can be a terrific plea bargain for the right case - at
other times, it is simple the worst thing you can accept - basically a
wet reckless is a DUI conviction without jail usually. It is still 2
points on your drivers license record, it is a prior DUI conviction if
you get a new charge, it is a misdemeanor conviction on your FBI and
DOJ record, and your insurance company will still treat you like you
have a DUI on your record.
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Expungement, or clearing your record of California misdemeanor or felony convictions
The Superior Court of California has prepared a nice website regarding
expungment of conviction records. It can be found in the following
links:
Clean
Up Your Criminal Record
Criminal
Law Links
Criminal
Law Forms
Criminal
Law Questions & Answers
Understand that clearing your record of a DUI or wet reckless
conviction will not clear your driver's license record of the
conviction at the California DMV - your insurance will still be high as
a result of the conviction because insurance companies have lobbied to
make sure they can find out if your record includes a DUI or wet.
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California Superior
Court Process