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I was pulled over on St. Patrick's day by CHP on the 101 in Monterey county. Apparently, I was going 100 in 65 zone. I blew twice the legal limit, according to the police. Went to arraignment today. I make too much for a public defender. I have no prior ANYTHING. The judge told me to relay to an attorney the following: 2 counts of DUI 'a' and 'b', 'Excessive DUI?' 'Excessive speeding'. I didn't want to plead Not Guilty, so I almost pleaded Guilty/No contest (they are the same in Monterey County, apparently) and the judge basically told me that was a stupid idea and to retain an attorney. I do not want jail time! What is the protocol? I want to make sure that I don't hire an attorney, then end up doing jail time in the end anyway!
A No Contest plea is considered the same as a guilty plea in any criminal court in California. Your still pleading...
Not sure how many DUI's are within the past 10 years. He just plead "no contest" to a misdemeanor DUI and sentencing is in 2 wks. For unknown reasons the other charges (felony DUI, 3 felony assault and 1 felony assault w/ deadly weapon) in this event were dropped. Not sure if this was some sort of deal. He did have psych evaluations (4011.6 & 730 & 1017) during his jail time (couldn't make bail). He has a long history of getting drunk, calling 911 and being in the hospital overnight. He's been committed by the authorities several times in 2 states for his drinking. Each time he was committed it was following a violent event and the police got involved. Assault charges keep getting reduced or dropped because he was drunk each time.
The sentences vary from city to city but typically you can expect probation for 1st, probation w/ a little jail time...
I got into an accident on the 7th, was arrested for DUI. Received the police report, and the APS DMV form where it says I took a blood test show the 6th, not the 7th. Can this help in anyway? I am fighting the DUI though.
This sounds like a clerical error,. It may be helpful but i would need to know more.
He was seen by a Judge and they told him to do a 9 mo program but its was going to cost $2300 and that we had to pay upfront. My husband said he would figure it out on his own. Now the year is almost up and he has yet to enroll himself into any program. He got his CLASS B lic suspended and this is his first offense. He had to take a huge pay cut from work and has to work weekends to make up for the pay cut in order for us to survive. I'm looking for a program he can enroll into now but I'm afraid that the judge will not let him re-instate his lic. Is there anything we can do?
I need more information to really answer this accurately, but the DMV is ultimately responsible for re-instating your...
driving in the city with a friend, got into a car accident. I saw a yellow light, other party said it was a red ( lost for insurance already), my airbag deployed and hit my face hard, glasses were knocked off in the vehicle the police arrived and I was being very nice with them answering the questions volunteer ( no idea i could say no) but was polite and thorough. Before i was administered FST's, i asked for my glasses two times ( legally i can't see without them, wearing for 23 years, for driving or work) the officer ignored both times. I was dizzy but still did the tests. failed of course. Arrested within 3 mins. then magically he found my glasses! WOW!!! Can I fight it because i couldn't see? ( only reason i was arrested) no breath test, just blood 3 hours later
This isn't that uncommon. You can fight it, but its going to be a defense you bring up at trial as the DA is unlikely...
This is at the San Francisco county court. Just property damage for the hit and run. My brother has no priors. Are the DA's just busy or could it be that they may not file charges? How long does the DA have to file charges? Thanks in advance!
A little more information would be helpful. Was he evaluated for a DUI? In other words, where did they find him and how...
The DUI is a felony.
Depends on the reason why its a felony. If its a 4th DUI within 10 years, it is technically possible to get a wet...