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Helmandollar plea or How to Keep Driver’s License after DUI
Typically, any DUI conviction or an adverse finding by the DMV at an APS hearing will result in a loss of driver’s license. Short of pleading to a reduced charge (a wet reckless or a dry reckless) and getting a set aside at the Admin Per Se hearing, the driver’s license will be lost for a period depending on number of priors. An attorney can negotiate a DUI plea that will result in no loss of license. Under a 1992 decision from the Court of Appeals, a plea to a VC 23152(a) and an explicit finding of not guilty on VC 23152(b) will result in set aside from the DMV and a no-loss of license to the driver. Around 1992, Mark […]
How to get a continuance for a DMV hearing.
Get a Continuance DMV Hearing
High BAC level without drinking a lot?!
High BAC level is one of the reasons a prosecutor might demand a higher punishment. The courts are also less lenient on the individuals who are drunk driving with a high BAC level. The reasons are clear, a high BAC level means the person is more impaired and therefore is more likely to cause a collision and injure an innocent person. For these reasons, high blood alcohol level is considered a factor in aggravation of a drunk driving case. However, often, the blood alcohol level is not reflective of an alcohol consumption pattern. Some defendants might be surprised when they are told that they have high BAC level, because they did not drink a lot of alcohol. Here, we are […]
What are my rights at a probation revocation hearing?
Often, violation of probations can result in more jail time than the plea bargain deal itself. Paris Hilton and Lindsey Logan were sentenced to jail not after pleading guilty but after being found in violation of probation. So, what is probation? Probation is a period during which a probationer has to abide by certain rules. In exchange for an easier sentence, the probationer can be ordered to: (1) do some jail, (2) do some community service, (3) do an alcohol education program and an alcohol deterrence class, (4) wear an alcohol monitor bracelet, (5) install an ignition interlock device in his or her car (6) ordered not to consume any alcohol (7) ordered to drive only with a valid driver’s […]
I got arrested for a DUI in Los Angeles and was charged with 2 counts (a) and (b)? What does it mean?
Facing Two DUI Charges for One DUI Arrest in Los Angeles? Here’s What You Need to Know If you submitted to a breath or blood test and your BAC (Blood Alcohol Concentration) was above 0.08%, you will likely be charged with two separate DUI offenses under California law: California Vehicle Code §23152(a) – Driving under the influence (impaired driving) California Vehicle Code §23152(b) – Driving with a BAC of 0.08% or higher Although it may seem like you’re being punished twice for the same incident, the legal consequences of a conviction for either or both charges are exactly the same. Can You Be Convicted of Both DUI Charges in California? Yes, you can be convicted of both VC 23152(a) and […]