Legal Question in DUI Law in California

I'm on informal probation for 3 misdemeanors, street racing, evading arrest and wreckless driving that happened almost 2 and a half years ago. i just got a dui last night, what are the chances of me going to jail?


Asked on 3/12/11, 12:27 pm

1 Answer from Attorneys

Rick Mueller San Diego County DUI Law Center

First check to see if your final probation papers having any alcohol-related terms.

Assuming you had a valid license and insurance, start here: http://www.sandiegodui.com/penalty.html.

As you may suspect, it is impossible, unreasonable

and unrealistic to honestly predict an outcome or the

chances of you going to jail, unless and until a number

of fundamental things occur:

a) your attorney reviews and analyze all of the State's

evidence including but not limited to the arrest

report, the BAC test record, any PAS test results, and all other

evidence;

b) he or she concludes the investigation including

responding to the evidence once you receive copies;

c) He/she meets with the prosecutor to request dropping charges;

d) He/she presents your new DUI case to a jury, if there's a trial.

Anyone who can predict an outcome or the chances of you going

to jail at this present early stage is not being forthright with you.

The State also precludes one to predict an outcome, as

it is legally unethical to do so.

Things can change once you are inside a hearing, trial or

in a courtroom.

The maximum sentence under the law is 6 months jail.

Obviously, jail is not normally likely for a first time offender but

depending on the facts, the judge, the DA, the ramifications of

any probation violation(s), one cannot present rule out jail in Vista

court.

All you do when you hire a DUI Specialist per CDLA

is to retain someone who will:

a) Be prepared at all times;

b) Look under every stone;

c) Try to beat your case;

d) Try to keep you out of jail; and

e) Protect your legal rights.

Beyond that, any attorney who tells you what their

strategy is at this moment should not be believed.

Your likelihood of prevailing - is a direct function of the evidence,

your attorney's investigation and evidence and what can be done

at the actual hearings (which is, in turn, a function of which prosecutor

is assigned your cases, which judge hears the cases, the particular

jurors that are sworn in for your new DUI case, etc.)

This is based on my honest opinion and reasonable

experience of over 28 years.

www.SanDiegoDUILawyer.com

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Answered on 3/12/11, 12:51 pm


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