Legal Question in DUI Law in California

I was recently pulled charged with vc 2800.2 and suspicion of driving under the influence in CA. In a panic I failed to pull over and drove home, where I surrendered to the CHP. Is there any way of this getting dropped down to a misdemeanor, considering I was not driving in a reckless manner during this temporary lapse of good judgement?


Asked on 2/08/11, 10:51 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Vehicle Code �2800.2, felony evading, is a "wobbler" that can be reduced to a misdemeanor.

However, felony cases aren't do it yourself projects that you should try to handle yourself with a little advice from a website.

If you hire your own lawyer before your first court date, he or she can try to convince the DA to file it as a misdemeanor from the beginning. If you can't afford to hire your own lawyer, the judge will appoint the public defender at your first court appearance

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Answered on 2/09/11, 7:44 am
Terry A. Nelson Nelson & Lawless

Can the case end up being dropped or charges reduced? Of course. Is that likely? Probably not. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them because you 'want' them to. That's not how the system works, obviously. IF there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to 'beat' the charges by keeping the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts. If serious about hiring counsel, feel free to contact me.

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Answered on 2/09/11, 12:24 pm


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