Mitigating Circumstances In Your DUI Case
When it comes to DUI cases, one of the best outcomes that some lawyers can hope to get is to get the DUI charge under California Vehicle Code 23152 and get the prosecutors to give the client an exhibition of speed instead.
This is someone screeching their tires out of the parking lot. It's more a traffic-related offense than a DUI. It doesn't carry all of the horrible ramifications that a DUI does.
An exhibition of speed in Los Angeles is obtained when the prosecutors feel that they cannot prove a DUI against a person, and there are mitigating circumstances.
A lot of times where I see exhibitions of speed in Los Angeles Country, when somebody has a clean driving record, their blood alcohol level is a .08. They are not doing anything dangerous out on the road like speeding excessively, weaving in and out of traffic.
Also, someone who forgets to turn their lights on doesn't stop at the line of the stop sign, and has a low blood alcohol level, is much more likely to get an exhibition of speed versus a DUI than somebody who is driving dangerously or has a higher blood alcohol level.
There are other ways to get an exhibition of speeds in Los Angeles besides having a .08, but you don't see many of these cases.
The prosecutors will have to feel that they have a real problem in proving one of the DUI Code Sections if they're going to give somebody an exhibition of speed and let them plead to California Vehicle Code 23109c.
Defenses to Get A Exhibition of Speed
One defense is that you weren't driving the vehicle. If the police come upon you and your car is stopped, you're outside of the car or even in the car. If you're not driving the vehicle, then you're in a position where you can argue for an exhibition of speed. But if you are driving the car, this would not be a defense available to you.
Another potential defense to get an exhibition of speed instead of a DUI is to argue that you have a low blood alcohol level like a .08/.09 or to be able to say that there's some problem with the breath machine that's being used to test your breath.
It wasn't correctly calibrated; it was taken out of service for some time until the Breathalyzer tested you. So, there are ways to argue to get a speed contest.
Also, if you pass many DUI tests, like walking nine steps and then turning around, touching your nose correctly, not having your pupils bounce when the police look at them.
Some of the other tests that the police are giving – if you can pass a lot of these tests, you're cooperative with the police, you're not belligerent, you walk very quickly, your speech is not slurred, your eyes are not bloodshot, and watery – these are all argues for trying to get a speed contest.
The bottom line, though is, if you're going to try to get a speed contest, you're going to have to have an attorney that's local to the court where your case is pending, knows how to work a DUI case, knows what it takes to win, has dealt with these prosecutors. Judges ad knows what a case is worth, knows when you can get a speed contest versus you're in a position where you have no chance to get a speed contest.
So, before you let a DUI attorney start talking about a speed contest and say that you can get a plead to a 23109c, you're going to want to know why.
What are the reasons for it because? It's not magic; you need to have a powerful argument, convince the prosecutors, and judge that your client is a safe person.
You need to have a good record other than what's happened in this case and that the prosecutors may have a problem proving this case, and therefore, they should give the person a speed contest and let them plead the Vehicle Code 23109c versus a §23152a or b.