Legal Question in Criminal Law in California

Re: dui hit and run

That's what the DA is going to want for your probation violation and the new charges. I suggest you get counsel. If this is in SoCal, feel free to contact me if serious about doing so.

Re: dui hit and run

Not necessarily. However, it is very much possible, if not likely. A lot depends on factors such as where the case is being prosecuted, the disposition of the judge and the DA, your overall prior record and, perhaps most importantly, on the skill and dedication of your lawyer. Also, you might get a better result if the two offenses took place in different counties.

You will most likely fall off the PC 1000 treatment program. The trick will be to get you reinstated to Prop 36 rather having you ruled ineligible for any treatment program and thus automatically subject to a jail sentence. Normally, if you commit another offense related to simple possession of drugs while you are on PC 1000, getting Prop 36 is pretty much automatic. However, your situation is different because it is alcohol related and relates to criminal conduct other than drugs, i.e., the hit and run.

Overall, this situation calls for involvement by a creative lawyer. Call a couple and hire one.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: dui hit and run

In order to comply with PC 1000, you have to remain crime free for 18 months from the date of your guilty plea. The new case will be a violation of PC 1000 and you will most likely be terminated. The next step is Prop 36 (Penal Code section 1210).

Whether or not you're eligible for Prop 36 depends on the original case terms. If you were only charged with a drug offense, you should be able to get into Prop 36. If there were other crimes attached and you were only on PC 1000 for the drug charge, you may not get into Prop 36.

But before you start wondering if you're getting kicked out of PC 1000 and going to jail, you need to focus on the DUI. Since it's got a hit & run attached to it, you may have defenses to the DUI portion. The DA has to be able to prove you were driving under the influence at the time of the collision. If you fled the scene, how can they determine that? I have had this exact scenario several times in the past. The DA thinks it's just an automatic "well, he must have been drunk" sort of analysis, but they miss the bigger issue.

If you're in Southern California, let me know if I can help further.