Legal Question in DUI Law in California

Charges against me previous and currently: California dui 2003,647 f pc now Colorado DWAI charged as 1st offense probation violation for leaving state and not finishing alcohol treatment. Background: in the last year I have finished 28 days in patient treatment and 10 weeks betty ford outpatient, both successfully finished(after leaving colorado). not sure if this matters im thinking for the collaborative courts it might: I am bipolar and panic disorder and I was 5150ed 2 months ago. I just paid and started a quarter of my senior year of college any chance the possible jail time could be postponed or split to allow me to continue my quarter in school, its my first and could be my last if I have to drop the classes.I am going to court tomorrow for my first appearance and am requesting a public defender. What am I facing, can I use the collaborative courts?, what kind of diversion might be available?, I'm scared of what I have heard of jail in california not afraid as much in colorado. I will take care of the colorado violation charge as soon as I have money to get there or pay a lawyer if possible which will be soon and i assume a stipulation of my eventual sentence.

Asked on 10/08/09, 9:41 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

If you have a prior DUI conviction in any state, you are likely facing this one in CA being charged as a 2nd in 10 years. That means you have enhanced penalties to be imposed on this one, subject to whatever deal can be made with the DA in plea bargaining, using whatever credible facts, evidence, arguments and legal defenses you may have. There is no 'diversion' available on DUI, only normal plea bargained probation terms. You face some possibility of some.jail time, but may be able to avoid it, depending on your record/rap sheet. If this is in SoCal, feel free to contact me for legal help.

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Answered on 10/09/09, 1:25 pm

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