Legal Question in DUI Law in California

This will be my sencond dui in 13 years and the da wants to give me a strike. how can i beat this with out getting a strike?


Asked on 9/18/10, 6:45 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

There's something missing from this equation.

First - DUIs count as priors for 10 years, so your first cannot be used as a prior against you.

Second - a simple misdemeanor DUI is not and cannot be a "strike." Strikes are serious and violent felonies as set forth in the Penal Code (typically, ones like robbery, kidnap, aggravated assault, etc.)

If your DUI involved a collision where great bodily injury was inflicted, then it *may* be a strike, but . . .

You need to consult with an attorney face to face to discuss things. Either things are much worse than you realize or you're very confused about the charges and what the offer is to you.

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Answered on 9/30/10, 7:58 am


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