DUI Blogger

With the holiday season underway, one thing is certain…the number of California DUIs will increase. If you find yourself in the unfortunate position of being arrested for drunk driving, it’s important to understand that pleading guilty to the charge or securing an acquittal are not the only two options. Oftentimes it may be in your best interest to try to negotiate for a reduced California DUI charge.

There are three general California DUI charge reductions. The first…and most common…is what’s known as a wet reckless. A “wet reckless” under Vehicle Code 23103 per 23103.5 VC offers less jail time, a shorter probation period, a shorter DUI school, and doesn’t require a mandatory driver’s license suspension.

Continue reading "Understanding California DUI Reductions" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , DUI Legislation , DUI Reductions , Plea Bargaining

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As many court dockets get clogged with an ever-increasing number of DUI cases, more of them are getting plea bargained. Typically this means a reduction of the charge to a wet reckless, dry reckless, misdemeanor exhibition of speed or even traffic infractions.

Throughout the DUI court process, which may take months and involve several court hearings, prosecutors and defense lawyers negotiate the terms of a plea bargain. Prosecutors want the accused to plead guilty to a DUI and suffer consequences such as fines, DUI school and even jail time. The defense wants to avoid conviction and avoid these consequences.

By fighting a DUI charge and attacking the state's evidence, the defense increases the chances the D.A. or the judge will offer a "better deal." Two primary factors give the accused leverage. The first is the extent to which he can establish DUI defenses that reduce the likelihood of a conviction if the case goes to trial.

Continue reading "DUI Plea Bargaining: Supply & Demand" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: DUI , Plea Bargaining

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