Legal Question in Criminal Law in California

dui an evading an officer

my son was charged with dui and evading an offficer that followed him two blocks to drop his friend off. he only recalls bits and pieces as he drank that night went to sleep got up, eat breakfast and took his hyperactivity meds, aterol ., he has no record and would not normally run from police, he says he blacked out. the public defender offerered a plea bargin for probation for under a year incarceration with a felony, I was told by an attorney that that type of a pursuit was not a felony is that true? , the officer would have to chase him alot further


Asked on 2/03/07, 8:43 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: dui an evading an officer

Thank you for your inquiry, and the opportunity to advise you and your son in this difficult case. How far the police chase your son is not what makes the case, or potential plea bargain, a misdemeanor or a felony, and I agree that a case this serious, and with the potential factor's you've mentioned, would take a much more in depth analysis than a simple answer on a message board. You should seek another opinion, based on the amount of jail time that could be offered here, and if you need more information, or would like representation, feel free to contact me at [email protected], anytime. Thanks again.

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Answered on 2/05/07, 5:13 pm
Daniel J. Mangan III JuryTrialJustice

Re: dui an evading an officer

Whoa, with the little info you gave a full consult with sophisticate counsel seems to be in order. There is a knowledge element in the evading charge, and a fine line between felony and misdemeanor conduct. Made more complex by the existence of a separate misdemeanor failure to yield charge. Fine nuances at play in the fact/law interaction here.

DJM

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Answered on 2/03/07, 8:51 pm


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