Legal Question in DUI Law in California

Can I file a motion to reopen a felony DUI case that I accepted the plea bargain for two years ago??

I received a felony DUI because I was involved in a single car accident, which injured my passenger and I. I was driving up a mountain really fast and at the last turn, I lost control and flipped my car landing upside down. I was able to crawl out of the car, but my freind Alex was unconscious in the car bleeding. When I got out of the car I was desperately looking for my phone so I could call 911, but I couldn't find it. Panicking, I layed on the dirt next to Alex yelling at him to give me his phone. All I heard was him moaning in pain. All of a sudden he went silent, so I began running down the road to find help. At this time, I had fractured my L1 vertabrae but I was totally unaware of it thanks to the intense adrenaline I had. I ran down to the first house I saw and rang their doorbell. It was about 1am and nobody answered. I was thinking that I had killed Alex so I was a complete mess !!! Then for some reason, I told myself to just run home(which was 3 blocks away) so that I could call 911, instead of trying each house for an answer. I got home, and called 911. By the time I had washed te blood off my face, the cops were outside my house. I walked out and they ran a few tests on me and took me to jail. All of a sudden sharp pains hit my spine. I was then taken to the hospital, where I saw Alex on a stretcher. I asked the nurse if he was dead, Nd she said no he is fine and was just knocked unconscious. The next day I got bailed out and then I met up with Alex. From the accident he suffered, a couple scratches on his body, and a chipped tooth. We both agreed that he "wasnt greatly injured" like my charge "cause of great bodily injury" means. I got a very good DUI lawyer and Alex and I had sat down with him to decide how to fight this charge.

A month after my accident, I got a full time job for a huge insurance company, who had no idea of my accident. I my court dates, I was able to miss the morning to attend them. Also, for my lawyers costs, a couple thousand dollars covered all court dates up until the plea bargain, and if I were to goto trial , my parents would have to pay a couple thousand more. At the time of the accident, I had no insurance under my name, but the car was insured, so since it was under my moms name, it was not covered. With 10,000 lost there and $10,000 paid for my $100,000 bail, and $5,000 for my lawyer, I did not want to bring about more debt for my parents :( ... I was 19 years old at the time. At court, our plan was for Alex to come in and say he wasn't greatly injured, but before that he got heavily involved with drugs and was sent to rehab during my court date so he did not show up. I was also very medicated on oxy condone for my back, and I did not want to miss anymore days off work, or cost my parents $$ for the trial, so I just accepted the plea bargain, which charged me with the felony DUI which comes with $8000 in fines I had no idea of !!!!!!!

Now that I am off the meds and out of that job, I desperately want to go back and end this the fair way !!!! Am I allowed todo so or is it too late ? I don't want to have a felony on my record, and want to lower it down to a misdemeanor. Please let me know what options I have.. Thank You !!!!

Fannie B.


Asked on 1/03/13, 2:48 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Sure. Anyone can file whatever they like.

However, you haven't explained any valid grounds you think you have that would show miscarriage of justice, your actual innocence of the charge, incompetence of counsel, etc. Being on a commonly used prescription drug at the time does not mean you were mentally incompetent to enter a plea. Plus, you had 'good' counsel who should have raised the issue to the court if you were. You were required at the time to testify on the record that you were pleading of your own free will and admitting to the charge. No defendant is happy with the costs and consequences of being convicted of their crime, but that is not grounds for appeal or motion,.

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Answered on 1/03/13, 7:22 am


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