Legal Question in DUI Law in California

I recently got pulled over doing 73 in a 45, got a speeding ticket, also had beer in my truck and got a PAS test and blew a 0.016, so i got a ticket for "under 21 BAC greater than .01%"... my truck got impounded and i got it the next day, im 17 (will be 18 Sep. 1st)... my license also got suspended for a year, so i decided to fight it and got the "discovery packet" in the mail with the cops write-up, the cop said i was "cocky" which is completely false, i referred to him as sir the whole time, and under "recommendations" he said "I recommend a copy of this report be forwarded to the Shasta CO. Juvenile Probation for review and to assist in the prosecution of Daniel L**** Dur**** for violating the following charges: 23224 - Minor in Possession (not on original ticket), 23136 - under 21 driving w/ .01% BAC or greater, 22350 - speeding 73mph in a posted 45 mph zone" So he didnt give me the MIP on the original citation but is now trying to get me for it... How long of probation am i looking at? and how big of fine? and if I take jail time instead can i not get probation? I am planning on going into the marines in january and cant be on probation to go to Basic Training....


Asked on 7/12/10, 11:49 pm

1 Answer from Attorneys
Joshua Hale Hale Law Group

That depends on the judge, and the county. The law is supposed to be state wide, however, many judges interpret the same law differently.

You need an attorney to help you through this if you do not want to have a long probation and would prefer to take jail time. Moreover, the prosecutor can always change the charges. It is in their discretion based on the police report.

If you have further questions, please feel free to contact me directly. I regularly handle these matters throughout the state, and would be happy to help you as well.

Read more
Answered on 7/13/10, 10:42 am


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California