When it comes to a DUI, most people are trying to figure out how they can avoid getting that DUI conviction on the record, losing their license, and also the ramifications that come along with having a criminal record and having to deal with the DMV, insurance, and all the issues that surround that. Understanding the legal process and the potential outcomes can bring a sense of relief and reduce the anxiety associated with these charges.
There are various lesser-included offenses, depending on the circumstances of your DUI case and the court you're in, such as Los Angeles County. There were forty courts in Los Angeles County. Now there are twenty-five. That's still a significant number of courts and various jurisdictions. As most of you probably know, California is one of the toughest states when it comes to DUI laws.
Wet Reckless
However, if you've a strong case and a compelling angle, there are fewer defenses to consider, and I've a comprehensive list of them that I keep in mind. I am, again, depending on the circumstances.
The most apparent lesser included defense is a wet reckless. It's not much different than a DUI, but it does sound better. And if it's a second-time DUI and you get recklessly, then you can avoid the second-time DUI, so that comes in handy.
Usually, a lesser fine and some lesser penalties are associated with that. You'll have to be pretty close to the legal limit, though, to get a recklessly driving charge related to a DUI case.
Dry Reckless and Speed Contest
The next step down, I would say, would be a dry reckless. That's just driving around recklessly. It doesn't have anything to do with alcohol. That would be a great result if you were busted for a DUI and you had a drink in your system, and the police are trying to claim that you were driving under the influence in Los Angeles County.
Another crime I consider less severe than a DUI is a speed contest – Vehicle Code 23109c. That says you were screeching your tires. You weren't driving safely, but it's not a DUI. It doesn't come with all of the DUI ramifications.
It only comes with some of the penalties in court. So, a speed contest is a heck of a lot better than a DUI when it comes to lesser charges related to DUIs in a Los Angeles County courtroom.
To get that speed contest, you're going to need to be pretty close to the legal limit, have no prior criminal record, and obviously not be involved in any dangerous driving, or the prosecutors will never consider giving a speed contest as it relates to a DUI in Los Angeles County.
Traffic Violations
Additionally, I've had cases where I've been able to secure only simple moving violations for individuals. I had an attorney who represented me in the Van Nuys court. He had a .08/.07. He could not have the misdemeanor conviction on his record for bar purposes and other reasons, so I convinced the prosecutor to give him two moving violations.
For example, if he ran a stop sign and made an illegal left turn without signaling, those would be two moving violations. He had a couple of points on his record, but he still maintained his driver's license. He didn't get a criminal conviction because moving violations are just infractions.
He didn't get a misdemeanor on his record, which is an excellent resolution when it comes to DUIs in LA County.
You don't necessarily have to be under the influence of alcohol to the extent of 0.08% to get a DUI in LA County. Suppose you have alcohol in your system, and you can't safely operate a motor vehicle. In that case, if you don't pass the field sobriety test according to the police, your speech is slurred, your eyes are red and bloodshot and watery, and you have an unsteady gait, then the police can say you have alcohol. You're a DUI.
I've seen prosecutors try to pursue these types of cases. Therefore, there are various lesser included offenses. Another tactic I've used is to negotiate a resolution for a DUI charge, even if it's accompanied by another charge that has nothing to do with the DUI. This negotiation process involves presenting a strong defense, possibly challenging the evidence, and proposing a mutually beneficial resolution. Sometimes, we can get the DUI dismissed, and you can work out a resolution related to the other charge.
So, all sorts of things can be done, but of course, it depends on your case. It depends on your attorney, who will use their knowledge of the law and their experience to build a strong defense for you. It depends on what happened in your case – how high your blood alcohol level was, how dangerous you were on the road, and many other factors.
They're also going to look at your criminal record. If you have a bad driving record and you're busted for a DUI, don't expect the prosecutors to give you a break. If you have prior DUIs on your record – even if they're outside the ten years – don't expect the prosecutors to give you a break.
Local DUI Lawyer to Negotiate Lesser Charge
Therefore, the most crucial step you can take is to seek the guidance of a seasoned DUI attorney local to the jurisdiction where your case is pending. By providing them with all the facts and being honest and straightforward, you can ensure you're in the best possible position. Having a knowledgeable attorney by your side can empower you and give you confidence in navigating the legal process.
It discusses the ins and outs of DUIs in an excellent, common-sense approach. If you have a DUI and are trying to get a lesser charge, sit down with an attorney who knows what they're doing. I'm always available for a consultation to see if it's realistic for you to receive a lower charge. Remember, there's always potential for a positive outcome, and if not, we can work to minimize the penalties, which is a topic for another blog.
