Legal Question in DUI Law in California

i was in an accident and arrested for felony dui causing injury. I was convicted of the charge but as a misdemeanor 17(b)pc. Is this a fair outcome if the police report states that another person, driving on a suspended license was at fault for the accident because he ran a stop sighn? Also, the victim that was injured was a 6yr old passenger sitting in the front seat of his car. I was denied OR, kept in jail for 18days on a felony charge when the accident report stated that i did not cause the accident. what kind of issues does this raise? I imagine the DA's office and my public defender both had copies of the same accident report, i dont understand why im being blamed for an injury that was caused because another driver ran a stop sign and caused the collision. Another interesting thing I noticed in the report was that the 6 yr old who was complaining of neck and back pain was "taken to the hospital by a family member." Why would a victim be allowed to leave the scene of an accident, is it because he wasnt in a car seat? This other driver was not the owner of the vehicle he was driving, nor did he or the actual owner carry insurance on the vehicle. My vehicle was a total loss and i also injured my left hand but none of that seems to be of any importance. I guess my real question is: Is there anything i can do about getting this dui discharged?


Asked on 10/13/10, 12:13 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If you were convicted already, how could you get the charge dismissed? After a certain number of years you might be able to get it removed from your record by petitioning the Court, but you can not dismiss a charage you have already been convicted of. If the police report said you were not at fault and no evidence to the contrary was presented, you could not be convicted of causing the accident, but can be convicted of operating a motor vehicle while drunk. It seems to me that you have not included all the relevant facts but certainly you do not fully understand what went on.

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Answered on 10/18/10, 1:42 pm


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