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What To Do After a DUI

Understanding DUI Charges

First Offense DUI

Second Offense DUI

Third Offense DUI

Fourth Offense DUI

Felony DUI

DUI Drugs (DUID)

Marijuana DUI

DUI Probation Violation

DUI Related Offenses

DUI Reduced Offenses

DUI Alcohol Programs

California Vehicle Code 23152(a)

California Vehicle Code 23152(b)

Appeal a Bad DMV Decision

Field Sobriety Tests

Enhancements for DUI

Los Angeles County Courts

Ventura County Courts

 

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DUI REDUCED OFFENSES

Wet Reckless Driving - California Vehicle Code §23103 per 23103.5

A common plea bargain in a DUI case is a reduction to a violation of “wet reckless driving,” and the two charges of DUI get dismissed. This statute was specifically created for borderline DUI cases, to promote the resolution of cases without trial. Prosecutors may offer to reduce DUI charges, to a wet reckless driving, for various reasons. An experienced DUI attorney at The Law Office of Ben Mironer can advise you as to the multiple ways we’ve been able to get so many DUI charges reduced for our clients.

We take the time to speak with our clients about the benefits, and consequences of a wet reckless driving conviction. When we negotiate with prosecutors, we discuss our legal defenses, as well as our client’s background. We describe their positive qualities, and provide a personal insight about our clients for the prosecutor. If our client is charged with a First Offense DUI, and has no criminal history, it is important to emphasize the unlikelihood of recidivism.

Some attorneys may believe that getting a wet reckless driving disposition is a good result in any DUI case. But, an experienced DUI attorney knows that sometimes a conviction for wet reckless driving is not a good result. In order to assess whether or not you got the best result, it is crucial to hire an attorney that has a proven track record of success in negotiating plea bargain deals in DUI cases.

An important note about a wet reckless driving conviction is that you do not get a driver’s license suspension (no mandatory action) from the DMV, and NO IID is required to be installed. However, if you lose the DMV hearing, you will still get an administrative action driver’s license suspension, but no IID will be required. Also, a wet reckless driving conviction is still legally “priorable,” which means that if you are convicted of DUI within 10 years of this arrest, the wet reckless driving conviction still counts as a prior DUI and you’ll be charged with a Second Offense DUI.

Also, there is a special alcohol program for wet reckless driving offenders (12 hours/ 6weeks; SB1176), but if suspended by the DMV you’ll be required to attend the AB541 program, not the wet reckless program, to get a restricted driver’s license. It is important to have an experienced DUI attorney advise you about the programs, and limit the amount of time you may potentially have to spend in a program.

A wet reckless driving plea bargain becomes more difficult to get when you have a prior DUI. Prosecutors know that in a second offense DUI, or third offense DUI, you potentially face an 18 or 30 month alcohol program, as well as mandatory minimum jail requirements. If you can resolve your case for a wet reckless driving, then you can avoid the extended alcohol program and the extended stay in county jail. Prosecutors also know that the likelihood of recidivism is higher in these cases because these are repeat offenders. This means that your attorney must work harder, and be more resourceful, to show that there is justification for the prosecutor to reduce the charges. The Law Office of Ben Mironer has had remarkable results in getting DUI cases reduced, regardless of whether our clients are facing a first offense, or a DUI with priors.

Even though some people out there have a misconception that a wet reckless is easy to get in a DUI case, it is not! In most cases, you need to have an experienced DUI attorney represent you to get your DUI charges reduced. An attorney at The Law Office of Ben Mironer knows how to investigate your case, knows the Judges and Prosecutors in your court, and will professionally advise you about the benefits and consequences of a plea bargain offer.

 

Dry Reckless Driving - California Vehicle Code §23103

The main difference between a Wet Reckless Driving and a “Dry” Reckless Driving conviction, is that the “Dry” is not an alcohol related offense. This means that if you’re convicted of a “Dry” Reckless Driving, it will never be considered a prior DUI if you’re ever arrested and charged with a DUI within the next 10 years. There is also no alcohol program that is required, just a fine and probation. The fines and period of probation may be lower as well, and these terms are negotiated in the plea bargain. Most importantly, the two charges of DUI get dismissed and the conviction can potentially be expunged pursuant to California Penal Code 1203.4 once the probation period ends.

Of course, sometimes people may be charged with Reckless Driving alone, when they were not impaired. But, it’s also considered a reduced offense to a DUI and it’s intended to promote the resolution of cases without trial. Prosecutors may offer to reduce DUI charges, to a dry reckless driving, for various reasons. An experienced DUI attorney at The Law Office of Ben Mironer can advise you as to the multiple ways we’ve been able to get so many DUI charges reduced for our clients. We know the nuances of various courts, and specifically which prosecuting agencies tend to allow a “Dry” Reckless Driving offer to resolve a case. For example, we know that the prosecutors in the East LA courthouse allow a Dry Reckless Driving in specific cases, whereas prosecutors in the Metropolitan Courthouse tend to offer an Exhibition of Speed instead of a Dry Reckless Driving, as a reduced offense to a DUI charge.

We take the time to speak with our clients about the benefits, and consequences of a dry reckless driving conviction. When we negotiate with prosecutors, we discuss our legal defenses, as well as our client’s background. We describe their positive qualities, and provide a personal insight about our clients for the prosecutor. If our client is charged with a First Offense DUI, and has no criminal history, it is important to emphasize the unlikelihood of recidivism.

Some attorneys may believe that getting a Dry Reckless Driving disposition is impossible in most DUI cases. But, an experienced DUI attorney knows that sometimes there are very critical flaws in the prosecutors’ case, which justify an offer of such a reduced offense. In order to assess whether or not you got the best result, it is crucial to hire an attorney that has a proven track record of success in negotiating plea bargain deals in DUI cases.

In order to get this type of case result, you must go with an attorney that will work on your case throughout the investigations and negotiations pre-trial process. These results are uncommon for most attorneys, but we have been able to get our clients non-alcohol related plea bargain deals in many of our DUI cases.

A dry reckless driving plea bargain becomes more difficult to get when you have a prior DUI. Prosecutors know that in a second offense DUI, or third offense DUI, you potentially face an 18 or 30 month alcohol program, as well as mandatory minimum jail requirements. If you can resolve your case for a dry reckless driving, then you can avoid the extended alcohol program and the extended stay in county jail. Prosecutors also know that the likelihood of recidivism is higher in these cases because these are repeat offenders. This means that your attorney must work harder, and be more resourceful, to show that there is justification for the prosecutor to reduce the charges. The Law Office of Ben Mironer has had remarkable results in getting DUI cases reduced, regardless of whether our clients are facing a first offense, or a DUI with priors.

Even though some people out there have a misconception that a dry reckless is impossible to get in a DUI case, it is not! But, you must hire an attorney that is experienced in getting these types of deals. The Law Office of Ben Mironer knows how to investigate your case, knows the Judges and Prosecutors in your court, and we know how to get a Dry Reckless Driving offer in a DUI case. This offer is rarely given without a thorough investigation and strong advocacy on behalf of our clients. By forcing the prosecutors to prepare for trial and to closely review the evidence, we are often successful at convincing them to offer a Dry Reckless Driving to resolve a case.

 

Exhibition of Speed - California Vehicle Code §23109

An exhibition of speed, violation of vehicle code section 23109(c), is considered a reduced offense for a DUI charge. This is a substantial reduction of the charges, and is not related to being under the influence of alcohol or drugs in any way.

When a prosecutor has problems with proving their case beyond a reasonable doubt, they may offer someone charged with a DUI a plea bargain for a reduced offense. One of the ultimate plea bargain deals is getting DUI charges dismissed, and reduced to an exhibition of speed.

Even though a violation of vc 23209(c), exhibition of speed, is a misdemeanor offense and carries two points, it does not invoke a driver's license suspension or require attendance in any program. There is commonly a two year informal probation period, with eligibility for early termination of probation and expungement.

If you or a loved one has been arrested for suspicious of DUI, it is important to have a skilled DUI attorney represent you in court to get the best result possible. Plea bargains for reduced offenses in DUI cases are difficult to obtain, especially a reduction to an exhibition of speed. It requires skillful negotiations, but also a thorough investigation of the evidence.

 

DMV Set Aside

When you are charged with a DUI, the DMV will most likely suspend your driver's license. The DMV will conduct an administrative review beforehand which may include an examination of the officer's sworn report and any accompanying documents, such as an arrest or traffic collision report. You may have an attorney present during the DMV hearing to argue on your behalf to prove that there is no basis for your license to be revoked/suspended. If it's proven that there is no basis for license suspension, the suspension will be "set aside," meaning there will be no suspension and you retain all your driving privileges .

 

                     
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