Legal Question in DUI Law in California
I'm on informal probation for 3 misdemeanors, street racing, evading arrest and wreckless driving that happened almost 2 and a half years ago. i just got a dui last night, what are the chances of me going to jail?
1 Answer from Attorneys
First check to see if your final probation papers having any alcohol-related terms.
Assuming you had a valid license and insurance, start here: http://www.sandiegodui.com/penalty.html.
As you may suspect, it is impossible, unreasonable
and unrealistic to honestly predict an outcome or the
chances of you going to jail, unless and until a number
of fundamental things occur:
a) your attorney reviews and analyze all of the State's
evidence including but not limited to the arrest
report, the BAC test record, any PAS test results, and all other
evidence;
b) he or she concludes the investigation including
responding to the evidence once you receive copies;
c) He/she meets with the prosecutor to request dropping charges;
d) He/she presents your new DUI case to a jury, if there's a trial.
Anyone who can predict an outcome or the chances of you going
to jail at this present early stage is not being forthright with you.
The State also precludes one to predict an outcome, as
it is legally unethical to do so.
Things can change once you are inside a hearing, trial or
in a courtroom.
The maximum sentence under the law is 6 months jail.
Obviously, jail is not normally likely for a first time offender but
depending on the facts, the judge, the DA, the ramifications of
any probation violation(s), one cannot present rule out jail in Vista
court.
All you do when you hire a DUI Specialist per CDLA
is to retain someone who will:
a) Be prepared at all times;
b) Look under every stone;
c) Try to beat your case;
d) Try to keep you out of jail; and
e) Protect your legal rights.
Beyond that, any attorney who tells you what their
strategy is at this moment should not be believed.
Your likelihood of prevailing - is a direct function of the evidence,
your attorney's investigation and evidence and what can be done
at the actual hearings (which is, in turn, a function of which prosecutor
is assigned your cases, which judge hears the cases, the particular
jurors that are sworn in for your new DUI case, etc.)
This is based on my honest opinion and reasonable
experience of over 28 years.
www.SanDiegoDUILawyer.com