DUI Attorneys in Orange County
If you are
convicted of a misdemeanor DUI in California you face a maximum sentence of one year
in the county jail. You can also be fined up to one thousand dollars. With
penalty assessment, which is essentially a court tax, the maximum fine is close
to six thousand dollars. Most DUI’s are misdemeanor DUIs unless someone other
than the defendant was injured, the defendant has at least three prior DUI
convictions within the past ten years, the defendant has a prior felony DUI
conviction, etc. Although the maximum penalty for a misdemeanor DUI is very draconian,
most Orange County defendants, with the help of their Orange County DUI Attorney, will negotiate a plea deal for much less than the
maximum punishment.
convicted of a misdemeanor DUI in California you face a maximum sentence of one year
in the county jail. You can also be fined up to one thousand dollars. With
penalty assessment, which is essentially a court tax, the maximum fine is close
to six thousand dollars. Most DUI’s are misdemeanor DUIs unless someone other
than the defendant was injured, the defendant has at least three prior DUI
convictions within the past ten years, the defendant has a prior felony DUI
conviction, etc. Although the maximum penalty for a misdemeanor DUI is very draconian,
most Orange County defendants, with the help of their Orange County DUI Attorney, will negotiate a plea deal for much less than the
maximum punishment.
Typically, a
defendant’s Westminster DUI Attorney will strive to get the entire case dismissed.
For example, if the officer stopped the defendant without sufficient reasonable
suspicion, then the defendant’s Huntington Beach DUI Attorney can bring a suppression motion. If
the judge agrees that the stop was made under facts that don’t give rise to
reasonable suspicion, then the charges are usually dismissed. Also, if the
defendant’s blood alcohol level is relatively low and the defendant’s drinking
pattern is amenable to a rising defense, then the case can be won at trial. And
sometimes there is just not enough evidence to prove beyond a reasonable doubt
that the defendant was actually driving the car.
defendant’s Westminster DUI Attorney will strive to get the entire case dismissed.
For example, if the officer stopped the defendant without sufficient reasonable
suspicion, then the defendant’s Huntington Beach DUI Attorney can bring a suppression motion. If
the judge agrees that the stop was made under facts that don’t give rise to
reasonable suspicion, then the charges are usually dismissed. Also, if the
defendant’s blood alcohol level is relatively low and the defendant’s drinking
pattern is amenable to a rising defense, then the case can be won at trial. And
sometimes there is just not enough evidence to prove beyond a reasonable doubt
that the defendant was actually driving the car.
But in most
DUI cases the facts and the law just don’t give rise to a dismissal or a
victory at trial. In these cases it is incumbent upon the defendant’s Mission Viejo DUI Attorney to negotiate a deal with the prosecutor whereby the
defendant pleads guilty to a charge in exchange for an agreed-upon sentence.
Sometimes the defendant’s dui attorney can get the charge reduced to a wet reckless or even a dry reckless but in most
cases the defendant must plead guilty to a DUI. In exchange for pleading guilty
and relieving the DA of the burden of a jury trial, which typically takes three
full days of court time, the DA is often inclined to offer somewhat favorable
terms. If the defendant’s Newport Beach DUI Lawyer is a good negotiator they can also
get excellent terms for a plea bargain deal.
DUI cases the facts and the law just don’t give rise to a dismissal or a
victory at trial. In these cases it is incumbent upon the defendant’s Mission Viejo DUI Attorney to negotiate a deal with the prosecutor whereby the
defendant pleads guilty to a charge in exchange for an agreed-upon sentence.
Sometimes the defendant’s dui attorney can get the charge reduced to a wet reckless or even a dry reckless but in most
cases the defendant must plead guilty to a DUI. In exchange for pleading guilty
and relieving the DA of the burden of a jury trial, which typically takes three
full days of court time, the DA is often inclined to offer somewhat favorable
terms. If the defendant’s Newport Beach DUI Lawyer is a good negotiator they can also
get excellent terms for a plea bargain deal.
It is common
belief, even among DUI Lawyer, that once a prosecutor offers a
plea deal they cannot retract the offer until the defendant either accepts or
reject it. This is consistent with basic contractual principals. Unfortunately,
it is not the case. In People v. Rhoden
(1999)75 Cal.Appp.4th 1346, the court held that the prosecution can
withdraw a plea deal at any time before the defendant has entered a guilty plea
or the defendant has detrimentally relied on the plea deal. This means that
even if your DUI Attorney gets a great plea deal from the
prosecutor, the DA can withdraw the offer at any time before the defendant
actually pleads guilty in court.
belief, even among DUI Lawyer, that once a prosecutor offers a
plea deal they cannot retract the offer until the defendant either accepts or
reject it. This is consistent with basic contractual principals. Unfortunately,
it is not the case. In People v. Rhoden
(1999)75 Cal.Appp.4th 1346, the court held that the prosecution can
withdraw a plea deal at any time before the defendant has entered a guilty plea
or the defendant has detrimentally relied on the plea deal. This means that
even if your DUI Attorney gets a great plea deal from the
prosecutor, the DA can withdraw the offer at any time before the defendant
actually pleads guilty in court.
If you’ve
been charged with a DUI in Orange County call The Law Offices of EJ Stopyro at
(949) 559-5500 for a free telephonic consultation with an experienced Orange County DUI Lawyer. You can visit our website at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
3901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
been charged with a DUI in Orange County call The Law Offices of EJ Stopyro at
(949) 559-5500 for a free telephonic consultation with an experienced Orange County DUI Lawyer. You can visit our website at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at
3901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
No comments:
Post a Comment