Legal Question in DUI Law in California

Does the State of California, Los Angels County, City of Long Beach still grant a Deferred Prosecution.

I'm a pres suing a career in the government field as a police officer or any government position. Having say that; can I still qualified for a Deferred Prosecution if I has a .16 Alcohol level and accused to run a red light? In Addition, I have no past Alcohol related offenses, no major moving violations, over 30 yr. old Undergrad adult with now criminal record, recently involved in government employment precess for police officer and border patrol officer.

What are my options and what do you recommend me to do?

Please be honest and detail in your answer.

Asked on 10/27/09, 6:47 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Ordinarily, they do NOT grant deferred entry of judgment or deferred prosecution on DUI cases, especially with a blood alcohol level that high.

Even if you were to get some sort of a program and avoid a conviction, it would still show up on your background investigation and be a problem for you applying to any law enforcement department. Of course, avoiding a conviction is what you're shooting for.

I practice in Orange County nearly exclusively, but I have a colleague that does a lot of work in LA County and Long Beach. If you're looking for representation and to discuss the options, feel free to give me a call or send me an email and I can get you a referral.

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Answered on 11/01/09, 6:59 pm

Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

California no longer allows deferred prosecution fo DUI cases. Your best bet will be to find a QUALIFIED and EXPERIENCED DUI attorney in your area (I pracitice in San Francisco area) to fight your case. Many police agencies will NOT take a person with a DUI conviction because of the problem during future courtroom testimony.

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Answered on 11/01/09, 7:26 pm
Terry A. Nelson Nelson & Lawless

Any plea bargain is by negotiation with the DA in the case. With high BA, you're more likely to face some jail time than a slap on the wrist. If serious about getting legal counsel to TRY for a good outcome, feel free to contact me. Understand that DUI would seldom have that outcome without extraordinary fact situation.

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Answered on 11/02/09, 3:51 pm

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