Sentence Reduction in California You can face a maximum of five years probation for a DUI, and more than 30 months of mandatory DUI education classes. However, California law allows judges some discretion in sentencing. A judge can sentence you to as little as two days in jail for a first-time DUI offense. Whether you realize it now or not, or feel hopeless because of what the police or even another lawyer might have told you, you still have a strong chance of getting a DUI dismissed and putting this incident behind you rather quickly.
The truth is as clear as this, your fate is not sealed until your case is over in court. This means that while you still have court dates pending in the future, there is a lot we can do by providing ways on how to get a DUI dismissed and get out of taking DUI classes without you having to spend money or hire anyone. No matter what the status of a person's DUI or DWI offense or how seemingly inevitable a guilty plea may seem at first, we want you to know that these charges can be weakened or dismissed altogether. The best chances of how to get a DUI dismissed or dismissed is when you get the right legal help with enough time to fight the case properly.
You may be able to get a DUI reduced to a reckless driving charge if it is the first time you have been charged with DUI or if your arrest involved misconduct. Our criminal defense attorney can review your case and see if any factors might allow you to argue for a lesser charge, such as wet reckless driving. An experienced California dui lawyer can often negotiate the charges down to a "wet reckless plea agreement. In fact, "dry reckless" is just another name for a regular VC 23103 conviction for reckless driving.
It is used when the conviction is the result of a DUI plea agreement. It does not necessarily indicate that the defendant's driving was reckless. The maximum county jail sentence for a wet reckless is ninety (90) days, 11 This difference can be especially important if the defendant is sentenced to probation instead of jail time. Someone who violates probation after a wet reckless or DUI conviction will face a DUI probation violation hearing.
The defendant must apply within 10 days of his or her arrest. But this is still far less than the 18- or 30-month DUI school that is required after a second DUI conviction within any 10-year period, 30 A wet reckless often has less impact on a professional license in California than a DUI does. A DUI can trigger a professional license hearing in California if it is "substantially related to the holder's work". He or she must then win the DMV hearing.
Note that this will not help a defendant who was under 21 or who refused to take a DUI breath test or DUI blood test, 37 This allows Tony to avoid jail time, an 18-month DUI school and a 2-year driving licence suspension. Most DUI cases are resolved through plea bargaining. In other words, the defendant agrees to plead guilty or no contest to a criminal charge in exchange for some form of leniency from the prosecution. For example, a DUI plea agreement may involve the defendant pleading guilty to a DUI charge in exchange for the prosecution accepting fines and jail time that are below the maximums allowed.
In other cases, a plea agreement may involve the prosecution dismissing the DUI charge and the defendant pleading guilty to a less serious charge. When such an agreement is for a reckless driving charge, it is sometimes called a wet reckless. If you are wondering about the various methods and the necessary steps you need to take in order to reduce the DUI charges, then the one important thing you need to understand and do is to seek the services of a reliable and experienced DUI lawyer. A well-versed attorney will handle the legal process of getting a DUI reduced in the best possible way.
The only way to get a DUI charge reduced is if the prosecution agrees to drop the charges against you and charge you with a new offense that has fewer consequences. This will be possible if the attorney you hire has the experience and ability to convince the prosecution to do so by pointing out the major flaws in the case. An experienced Orange County DUI charge reduction lawyer knows that your case must be evaluated in terms of whether to take it to trial or accept a plea bargain. Taking a case to trial and winning will result in the charges against you being dismissed.
However, if the jury decides against you, you are exposed to a wide range of sentences, which it is up to the judge to decide. You are then sentenced based on the actual sentence which may or may not be better than what a plea bargain would have been. It is important to realise that the prosecution will not readily agree to reduce charges for driving under the influence, even for a first offence. Some drivers also mistakenly believe that they cannot get a DUI, DWI charge dismissed because they cannot afford a good dui lawyer to fight a case in court.
California requires mandatory installation of an ignition interlock device ("IID") after repeat DUI convictions. Identifying ways to get the DUI reduced requires fighting to suppress crucial evidence using strong arguments under the legal code, and finding police paperwork errors early. Getting a DUI offense reduced to reckless or wet reckless driving charges requires much lighter penalties and are less serious charges to have on an individual's criminal record. The penalties for a wet reckless charge are very similar to those for a DUI but are much less severe.
Professionals facing DUI charges are strongly advised to consult with an experienced California DUI attorney before interacting with their licensing board or accepting any DUI plea agreement. Therefore, a wet reckless plea deal typically means lower fines and less potential jail time than would result from being convicted of a DUI. A DUI conviction in California triggers a six-month driver's licence suspension - and this period becomes longer if the person has prior DUI or wet reckless convictions (although the DMV may allow the defendant to continue driving with an ignition interlock device). DUI offenders charged with drunk driving face severe and harsh penalties in Los Angeles.
Anyone who has been arrested for DUI, driving under the influence or drunk driving needs a skilled Orange County DUI reduced charge lawyer who can gather the proper evidence, use it intelligently and efficiently, and get the best possible result for his or her client. I really hope that getting my first time DUI charges reduced or dismissed is possible for me, as I know for a fact that there were flaws in my entire arrest situation. We can also let a driver know how much their own DUI case should cost, before hiring or being overcharged by an attorney. While it is true that a judge may sentence you more harshly if you are repeatedly convicted of reckless driving, there is no mandatory requirement to do so as there is with multiple DUI convictions.
