Legal Question in DUI Law in California

dui

I have just been charged with a dui and a hit and run. No one was hurt. I've had a previous dui but that was about 12years ago. What does the sentencing look like for me? And will my prior dui be taken into account?


Asked on 1/10/03, 9:37 pm

3 Answers from Attorneys

Roland Perez Law Offices of Perez & Perez

Re: dui

1. You should consider hiring an attorney, call different attorney and find one that you would like to represent you on this matter.

2. Every case is different, but since your DUI is more than 10 years old, the DA may consider it a factor in any offers. It is imporant to describe to an attorney in detail everything that happened from the police stopping you to any tests done to fight your case.

I will be glad to talk to you about your case, call me at 1-800-400-0057, www.perezandperez.com

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Answered on 1/18/03, 10:44 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: dui

Thanks for your posting.

Your prior dui, being more than 7 years ago, cannot be used against you, but the DA or the judge can comment on it to increase your punishment above the minimum.

Other factors include how severe the hit and run was, whether or not someone was injured, the amount of damage, your blood alcohol level, what you stated to the police when they tracked you down, what the prosecution's local policy is in the court you are charged out of, who the DA is and how they feel about DUIs, and who the sentencing judge is.

You face anywhere from the minimum to the maximum in a DUI case. The minimums you know from your prior case, but the maximum includes jail time, a hefty fine of several thousand, an alcohol program, restitution, and probation.

The responsible thing is to take this seriously and have an attorney handle this for you. A DUI has too many consequences to just "wing it".

Best of luck, and if you need more details, have other questions, or feel you need representation, please feel free to email me directly at [email protected].

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Answered on 1/10/03, 9:55 pm
Terry A. Nelson Nelson & Lawless

Re: dui

Luckily for you, the prior DUI is older than 10 years, so you are not formally subject to the 2nd offense enhancements. However, the DA's typically will unofficially take your record into account in dealing with this one. You should definitely get an attorney since there is more than a simple DUI here. You face additional misdemeanor charges that could easily result in jail time. Contact me if interested.

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Answered on 1/13/03, 6:00 pm


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