Legal Question in DUI Law in California

I am being charged with willful/child/cruelty due to car accident an DUI what does this mean? Whats gonna happen on court/ What Am I looking at?

Asked on 10/07/09, 1:43 am

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

The theory is that you endangered your child's life by drinking and driving with them in the car. What you're facing depends on the particular charge. If it's 273a(a), then it can be charged as either a felony (2, 4 or 6 years in prison or probation plus up to a year in county jail) or a misdemeanor (up to one year in county jail). If it's 273a(b), then it's a misdemeanor.

Either way, CPS may get involved and your DUI will be taken more seriously.

What you're actually looking at depends on your record, the specific facts of the case in the police reports, your blood alcohol, the judge, the DA and to some extent, your attorney.

My suggestion: Get a good criminal defense attorney NOW. There may be things you can do before your next court date to help your situation.

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Answered on 10/07/09, 8:28 am
Terry A. Nelson Nelson & Lawless

You're 'looking at' potential loss of custody, with jail and fines on each charge if convicted. Any prior criminal record will only make it worse. Unless you know how to effectively represent yourself, hire an attorney to present your defenses and try to negotiate a plea bargain, or take it to trial if necessary. If serious about doing so, feel free to contact me.

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Answered on 10/07/09, 3:45 pm

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