Legal Question in DUI Law in California

charges for dui under 21 and no licence what goes into consideration in california possible jail time or are heavy fines implied with classes and possible community service with someone with a clean record. and are all charges listed. when presented to a judge. do you plea guilty and receive the verdict?


Asked on 1/18/11, 9:29 pm

2 Answers from Attorneys

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

No, you don't plead guilty and "receive the verdict," not if you want to keep your clean record. Prudent people hire lawyers and fight DUI charges to the extent possible. Borrow the money from a relative if you have to. I defend DUIs in Westminster Court all the time and I am familiar with the judges there. If you do hire a lawyer please do so well in advance of your first court date.

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Answered on 1/23/11, 10:46 pm
Terry A. Nelson Nelson & Lawless

If you simply plead guilty, you'll get slapped with full penalties.

When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, diversion, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.

Keep in mind: When you are arrested for DUI, whether alcohol or drugs, upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license imposed by DMV upon arrest for DUI, which is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does.

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Answered on 1/24/11, 12:27 pm


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