Legal Question in DUI Law in California
alternative sentencingf for 3rd dui
My aunt was in the san luis obispo area on the california coast. Her and a friend were having dinner, both drinking, but she was the capable of walking a straight line so she drove. I guess one of the other parties who had been eating at the same establishment had gotten offended at some point and decided to follow them and call the sheriff when they left. Needless to say they were pulled over about a 1/4 of a mile from their hotel even though they were driving just fine. My question is two fold: A) Was there even probable cause to stop them? B) Is there an attorney out there that could possibly get her alternative sentencing
(rehab)?
2 Answers from Attorneys
Re: alternative sentencingf for 3rd dui
There is an alternative sentencing scheme for a 3rd DUI. It's called 180 days in county jail. However, there are always defenses to a DUI including that the officer did not have probable cause for a traffic stop. I wish you the best of luck finding an attorney in the San Luis Obispo area.
Re: alternative sentencingf for 3rd dui
Alternative sentencing is always a possibility. However, the courts will not look favorably on someone who has two prior DUI offenses. The standard sentencing in San Diego for a DUI with two priors is 120 days custody (mandatory).
A tip from someone who calls the police can be probable cause for the stop. I do not know the facts of the case so I cannot say if the officer had probable cause or not. It does depend on the circumstances.
If you would like to discuss this case further feel free to give me a call. Best of luck.
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