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Archive for the ‘Criminal Court Protocol’ Category

Consequences of a Fourth or Felony DUI Conviction in California

In California DUI Consequences, Criminal Court Protocol, Helpful DUI Information on November 25, 2010 at 1:04 pm

If you have three prior DUI convictions within the state of California within 10 years, your fourth DUI conviction will likely be seen as a felony.  However, this is not the only way a person can be charged with a Felony DUI.

Being convicted of 3 prior DUI convictions is the most common way for an otherwise misdemeanor DUI to turn into a felony violation. Again, a DUI can be charged as a felony when :

  • 3 DUI Convictions within the ten year period
  • If you were previously conviction of a Felony DUI, all subsequent DUIs will be charged as a felony.
  • DUI with Great Bodily Injury and/or death

The consequences of a felony DUI varies greatly with the circumstances of your recent felony DUI arrest, what jurisdiction your felony DUI was out of and what type of felony DUI it is how are generally are as follows.

Consequences & Penalties for a 4th DUI

  • * 16 months to 2 years Jail Time
  • * 18 Month Alcohol School
  • * In Patient/Out-Patient Rehab
  • * Court Fines in Excess of $2,500.00 +
  • * 4- 10 Years Driver License Suspension
  • * MADD Victim Impact Panel
  • * Morgue Program
  • * 3-5 years Probation, Formal or Informal

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For a DUI with Great Bodily Injury, your DUI will also be a Felony.

Were you recently involved in a accident and were arrested for DUI?  Was there an injury involved with the accident that was severe?

If so, you are likely charged with  23153(a) “DUI causing injury.”  In order to be convicted of felony 23152 (a), the state must provide that you were driving under the influence of alcohol and/or drugs, the cop had enough evidence to arrest you for a  DUI, and during the course of the DUI you injured another party.

To be convicted of 23153 (b), the People must prove your blood alcohol level was above a .08% at the time of the accident however, you do not need to have a blood alcohol level above a .08% to be arrested for and convicted of felony DUI.  Instead, the People will prosecute you for 23153 (a) only.

Consequences & Penalties for a Felony DUI with Injury

  • * 2-4 Years State Prison
  • * 18 Month Alcohol School
  • * In Patient/Out-Patient Rehab
  • * Court Fines in Excess of $2,500.00 +
  • * Victim’s Restitution (can be in excess of a $100k.)
  • * 4- 10 Years Driver License Suspension
  • * MADD Victim Impact Panel
  • * Morgue Program
  • * 3-5 years Probation, Formal or Informal
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What Happens if you go to court per the ticket and your DUI case isn’t filed?

In Criminal Court Protocol, Uncategorized on November 25, 2010 at 12:47 pm

My boyfriend got a DUI in CA,showed up for court date and they had no record of him and the DUI. ?

Was told to call District attorneys office, they also have no record of the DUI. Is there a status of limitations?
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A:  THE DISTRICT ATTORNEY HAS 1 YEAR TO FILE CHARGES.
In California, 

The district attorney has 1 year from the date of arrest to file charges for a Misdemeanor DUI.

Due to budget cut backs, lack of staffing, etc, the DAs are behind on their filings. I currently have 4 cases that “weren’t filed” the day of their court date. It doesn’t mean the DUI charge is automatically dropped.

Generally, if they’re not filed by the first court date, they’re filed 30-60 days after that date. However, I have had 1 case where the DA has filed 13 months after the date of arrest, of course a motion was ran and this case was dismissed, but the DA did try to push it through.

I have had several cases filed 10-11 months after the date of arrest, but this is not the norm.

If you need further information about DUI arrests or are interested in hiring a California DUI attorney to represent you, call 877-717-2889 to speak to an experienced DUI attorney.

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I failed to enroll in my 9 month DUI Alcohol Program, Now what?

In Criminal Court Protocol, Helpful DUI Information, Probation Violation and/or Warrants on October 10, 2010 at 10:01 am

Q: It’s been over a year and I have not enrolled in Newport Beach DUI class yet..(CA)?

I was convicted of a Newport Beach DUI in April 2009 in California and they told me I had to complete a 9 month alcohol program. I figured that I wouldn’t need to take the program until I was ready to get my license back. Is this the case? Or is there a time period where I have to enroll/complete the class with in? I have not been sent any notices besides the bill for the fine I pay every month.

I’m planning to call a Newport Beach DUI lawyer first thing Monday morning but wanted some input in the mean time..

Additional Details

Yes I realize I won’t get my license back until I finish the class, but will I get in trouble for having not enrolled in it yet?

A:  You need to speak to a Newport Beach DUI attorney about a your possible Probation Violation and Warrant.

I just resubmitted my answer below. I also answered your other question. 

As far as enrolling, it is actually against the law for the alcohol program to allow you to enroll if you have a probation violation and/or warrant. That said, you may find a program that will allow you to enroll so long as they don’t figure out there’s a problem, but they’ll likely ask to see your court paperwork.

Depending on what court your case is out of, the court is hit or miss on sending out probation violation paperwork Or if you’re only suppose to show proof of completion, maybe the date hasn’t hit yet.

I’m an attorney, I’m available to speak to you today. 877-717-2889. Or visit my website http://dmv-dui-attorney.com or http://drivers-license-lawyer.com

Resubmitted:

In California,

Most court’s probation orders allow 21 days to enroll into your alcohol program. Failure to enroll and show proof to the court generally results in a probation violation and thus a warrant.

Some courts do not require an enrollment time, but instead require a proof of completion deadline, usually 10-11 months out from the date of conviction.

Whether you missed your proof of enrollment or are about to miss your proof of completion date, either way you’re too late because obviously you haven’t completed your alcohol program.

Depending what court, some judges will take you into custody (that means put you in jail) for failure to enroll in your alcohol program. — If you doubt me, remember Lindsey Lohan and the fact she missed a class? – – Well, never enrolling is much worse for some courts.

Your situation is a prime example how a simple DUI can snow-ball into an offense that may require jail time due to an individuals failure to understand what is required of them coupled with the courts refusal to inform individuals what exactly they have to do when it comes to their case.

You have 2 options. (1) Go to court and appear on your probation violation and hope you don’t get taken to jail. (2) Hire an attorney to go to court on your behalf to recall the warrant and get you reinstated in to your alcohol program.

Chances of going to jail??? It matters what court you’re in. There’s one court in my area, where I can almost promise you that if you go in and try it alone, you’ll be spending the next 2 weeks in jail. The judges simply don’t have any tolerance for this time of mistake, while other courts in my area could care less.

It’s truly hit or miss.

Lastly, Failure to enroll into your alcohol school by a specific time begins a chain reaction that results in your license being suspended until proof of completion of the alcohol is obtained. That means another possible 9 months of suspension.

More or less, you’ve got a mess on your hands.

If you have gotten a DUI in California and would like to know more helpful information about the consequences of your DUI as well as the consequences of failing to abide by the court’s orders, call 877-717-2889 to speak to an experienced DUI attorney. Attorney is on call after hours.

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In Criminal Court Protocol, Helpful DUI Information, Hit & Run on October 10, 2010 at 9:53 am

Q: My friend is being charged as an adult for a Newport Beach DUI and hit and run. Advice on how to be prepared for Newport Beach court?

How should we prepare for court?

A:  Speak to an Attorney Immediately.

Hit and Run is a charge that usually requires jail time if convicted. However, in California, a “civil compromise” can sometimes be worked out. If the compromise is achieved, the Hit and Run charges are dismissed and the individual usually no longer is looking at jail time.

Prepare for court?? Speak to a qualified lawyer who has experience with DUI and Hit and Run cases from your jurisdiction. He or she will inform you at what possible consequences he or she is facing due to the DUI and Hit and Run charges as well as what can be done to prevent them.

Even if you can’t afford an attorney, you’ll have a better understanding of what CAN be done in his case and you may qualify for public defender whom you can ask to provide the same services.

If the arrest occurred in California and you would like to speak to an experienced DUI attorney about the consequences of your Hit and Run charge as well as the consequences of your DUI, call 877-717-2889 to speak to an experienced DUI attorney. I am available after hours and on weekends.

Disclaimer
Information on this site is strictly for general informational purposes only and should not be construed as legal advice for any individual case or legal situation nor does this site create an attorney client relationship

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Can I Wear Jeans To Newport Beach Court?

In Criminal Court Protocol, Helpful DUI Information on October 10, 2010 at 9:47 am

Q:  Can I wear a nice pair of jeans and a nice top to Newport Beach court for my Newport Beach DUI arrest?

I’m 24 years old and I’ve gone to the Newport Beach court a few times and I’ve worn black dress pants and a nice top. But I was wondering if I can wear a nice pair of dark jeans and a nice top. I just don’t feel like wearing dress pants. And I’d wear a nice pair of little boots. And my jeans aren’t ripped or dirty or anything. Just nice jeans.

And I don’t know if it matters, but the court date is Friday and is just to know if I was criminally responsible for my actions last December when I was charged with a Newport Beach DUI, Reckless driving and leaving the scene of an accident, after taking prescribed meds, and NO alcohol was involved. It’s to get the psychiatric evaluation results back

A:  Technically, you CAN wear anything you want to court.

You can wear whatever you want however it is completely disrespectful to the Newport Beach court.

Court attire is a suit. There are still some judges that will throw you out of the court room if you’re not dressed properly. They’re few and far between, but I have seen it once or twice. Keep in mind, in Federal court, women aren’t even allowed to wear “pant suits”. They have to wear skirt suits no more than 1 inch above the knee. Anything else and they’re not allowed into court.

(I realize you case isn’t in federal court).

On another note, I can’t fathom why some individuals, including lawyers, dressed the way they do. They totally lose all respect. If you got a  Newport Beach DUI  and would like more information about the court protocol, consequences of your Newport Beach DUI arrest, or the possible defenses available, call 877-717-2889 to speak to an experienced DUI attorney for a free consultation.