Legal Question in DUI Law in California

My 18 year old got a 56.61 underage drinking, what is going to happen when we go to court?


Asked on 11/23/11, 10:30 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

He is going to be prosecuted for the crime.

In California, if convicted of any misdemeanor, you potentially face up to 6-12 months in jail, plus fines. This is a 'non-serious' offense, so the likelihood of jail is certainly not high, but fines and other penalties like drivers license suspension are, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 11/23/11, 12:34 pm


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