Legal Question in DUI Law in California

Re: DA sentencing

You can do one of three things. Call the District Attorney's Office and ask them what charges have been filed against you. Contact the Court Clerk's Office and request a copy of the complaint that was filed against you (there is a fee charged for photocopies). Contact a criminal defense attorney to assist you in getting a copy of the complaint and a copy of the law enforcement incident report as it is the policy of most DA's offices to not provide the "Discovery" in the case until after the Defendant has made the first appearance. At the time that you are arraigned, you will be given a copy of the complaint listing the charges that have been filed against you.

Re: DA sentencing

? Hire an attorney if you can afford one, or apply to the Public Defender if you can't. You face 'enhanced' DUI penalties because of being over twice the legal BA limit, not to mention the accident charges. You must file your DMV notice of accident, and your DMV notice of appeal of license suspension, within 10 days of arrest. If this is SoCal, feel free to contact me if serious about getting legal help.

Re: DA sentencing

1. File an SR-1 with the DMV within 10 days.

2. Send me (or some other experienced lawyer) to court on your FIRST COURT DATE. If you have a private lawyer, you need not appear in court. The charges and police report will be given to your lawyer on the first court date.

3. Do not use the public defender.

4. Do not plead guilty.

5. Respond (let your lawyer respond) to the DMV paperwork you were given WITHIN 10 DAYS to preserve your right to a DMV hearing.

6. 0.20% means you were totally stoned blotto, if you feel the need to drink that much please try a few AA meetings (this will also help you demonstrate your repentance to the court). Have somebody sign for the fact that you attended each time you go.

Re: DA sentencing

If you have a date to appear from a citation or bond, and if the DA has filed charges by that date, you'll find out the specific charges when you (or your attorney on your behalf) goes to court on that date. If the DA misses their filing deadline, and assuming only misdemeanors are filed against you, you should get a letter in the mail to appear in court.

I don't know if you've already addressed this issue or not, but you only have 10 days from your arrest to challenge the automatic license suspension from the DMV. Even at a .20, you may have issues to fight - the DMV and criminal case are separate and each has different evidence issues.

The .20 allegation greatly increases the punishment - you should consult with an attorney in Orange County to discuss your options in trying to reduce this if possible.

One last thing - with a single vehicle collision, you may have legal defenses having to do with your arrest & the investigation unique to your situation.

Good luck.