Legal Question in Criminal Law in California

under infl /alcohol/drugs/control subst

a relative was charged by cops on public scene with PC 647 (F) -misdemeanor and taken to jail for 5 hrs or so. Then while released, got a court date notice to appear at court w/ the above charge.No breath, blood, etc., tests were taken prior arrest. However my relative has a prior of felony DUI from more than 7 years ago. Can prosecutor ''UPGRADE'' PC 647 (F) for another , this means, 2nd DUI-based on this prior ? Please, advise. Thank you. Concerned family member .


Asked on 10/20/08, 5:47 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: under infl /alcohol/drugs/control subst

The DA can and will do anything they like under the law. If the accused has a 'strike' prior, he's got a real problem. Asking for speculation on what the DA will do is of no value to you or the accused; he needs an attorney, not generic opinion from the web.

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Answered on 10/20/08, 6:23 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: under infl /alcohol/drugs/control subst

There can be no DUI charge if your relative was not driving. While I do not see any enhancements per se for a simple drunk in public charge, he/she might get somewhat harsher treatment from DA and the judge on account of prior felony.

If your relative is staring at jail time, you definitely need to hire a lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 10/20/08, 11:28 pm


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