Anatomy of a California DUI Case: Heather Locklear
On January 2, 2009, actress Heather Locklear pleaded no contest to a charge of misdemeanor reckless driving, reports TMZ.com. Locklear’s no contest was delivered as part of a plea bargain which resulted in the dismissal of DUI of drugs charges against the 47-year-old actress.
In September 2008, according to Reuters, a California Highway Patrol officer responding to a 911 call arrested the actress after finding her car blocking a traffic lane near Montecito. Breath tests failed to indicate the presence of alcohol, and she was charged with driving under the influence of drugs.
California law makes no real distinction between impairment caused by prescription medication such as anti-depressants and cold medicines, and impairment caused by illegal drugs such as cocaine or marijuana. Also, a California DUI drugs charge carries a more significant social stigma than drunk driving. Clearly a lot is at stake for anyone facing a DUI drugs charge.
Locklear’s plea bargain is a good example of what a dedicated DUI defense lawyer can accomplish for a client. As a result of her plea bargain, Locklear must serve three years of informal probation, complete a 12-hour drug education program, and pay a $700 fine.
At first glance, it seems the punishments are very similar to those of a first-time DUI conviction. However, the misdemeanor reckless driving charge carries several advantages for the client. Reckless driving pleas eliminate the required suspension of driving privileges that a DUI conviction entails. Also, the fine is approximately half what it could be in a DUI conviction. If Locklear’s reckless driving plea was treated as a “dry reckless” conviction, the conviction will not be priorable—that is, it may not be treated as a prior offense should she be charged with another DUI in the next 10 years.
Facing a driving under the influence of drugs charge? Contact us for a case consultation.
