Legal Question in DUI Law in California

Change of Judge

Can the father of a defendant's children request a different judge in a sentencing hearing from the one that has handled the case previously? The prior judge has allowed previous DUI chgs to slide. This is the wife's 4th DUI.


Asked on 11/30/08, 6:03 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Change of Judge

A person who is not a party to a case has no right to ask for a different judge.

A 4th DUI normally carries a state prison sentence, or at least a mandatory 180 day jail term. If you believe there is favoritism or other improper conduct going on, write to the Commission on Judicial Performance, http://www.cjp.ca.gov .

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Answered on 11/30/08, 6:15 pm


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