A probationer accused of drunk driving draws a reduced sentence when pleads guilty to a DUI and arrest resistance.
A 30-year-old resident of Hemet, CA, Tony Ponce, was detained on the suspicion of a DUI and resisting arrest on Saturday, October 15. Around 11:15 am the Hemet police officers observed an erratically driven vehicle in the area of Santa Fe Street and Mayberry Avenue. When the police initiated an traffic enforcement stop, the driver speed up attempting to flee. The officers chased the offender around 10 minutes before he stopped his Ford Mustang in the 900 block of Leslie Drive. When the officers tried to arrest the driver, he scuffled with the officers attempted to escape. Evidence found at the scene made the policemen believe that Mr. Ponce was under influenced of alcohol and drugs. Court records show that at the time of arrest the driver was on probation for domestic violence. Mr. Ponce also had a prior misdemeanor convictions for reckless driving and a DUI.
The defendant pleaded guilty to and was sentenced to jail time and probation. Because Ponse agreed to plead guilty to DUI and resisting arrest under a plea agreement, the Riverside County District Attorney’s Office dismissed the charge of evading a police officer.
If you are arrested for a second offense DUI while on probation in California, the penalties can be much more severe and the consequences can be much harsher. According to CA Vehicle Code Section 23540, when a person is arrested for a second offense DUI within 10 years of his/her first offense, he/she shall be sentenced to a term in the country jail for no less than 4 days.
Courts frowns upon new DUI charges when a person is still on DUI probation. In such circumstances the driver can also be charged with a probation violation. A second DUI offense is still a misdemeanor in California, unless there is aggravating circumstances, such as a serious accident. Yet, a potential penalties in a new DUI charge will be much harsher than for a first offense DUI. These penalties may include: longer jail time (up to 1 year), extended probation period, longer license suspension, higher fines and fees.
A second DUI charge and a probation violation is much more serious than defending against a first time DUI. The consequences for driver’s license are also extremely harsh and you should not try to do your case alone. Los Angeles DUI Attorney can help you to get the best possible deal under a plea agreement, or aggressively defend your DUI through litigation.
(818) 921 7744 Call to get a free review of your case with Drunk Driving Defense Lawyer
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