It is not uncommon for a good dui attorney to get the prosecutor to agree to a reduction on a .10... But a good dui attorney will start from the position of "can this be dismissed?" Before moving on to a major reduction like a exhibition of speed which in some LA County locations is relatively likely on a .10, whereas in others, a wet reckless (the last hope for a reduced resolution), can be very difficult to obtain. I would agree with my colleagues however, it is very fact and location...
Your court case and DMV hearing are both in OC. The DMV hearing can be requested to be moved if you want to appear in person. The beat advice however is to engage local counsel. You can avoid all court dates and the hearing as your attorney may appear without you present. As my learned colleagues described above, it takes years to be capable of disagnosing and properly arguing a DMV hearing. There is a reason the DMV wins 92% of the time!
Depending upon the extent of injuries, if any, your brother in law may be walking into a nasty situation. He should hire a criminal defense attorney as soon as possible to defend him against these charges. .
I am not that familiar with Monterrey, but my educated guess is there is nothing you can do but surrender there and I don't think it has anything to do with being too late. If you go to court in advance of your surrender date and ask the judge for one more chance, you might get lucky - particularly the day before Thanksgiving, judges can be good-spirited.... Good luck!
If convicted, you will face a three year probationary period a fine of approximately $2000, maybe a but more. Expect a minimum of 48 hours jail, although the prosecutors may want more due to high BAC. A nine month alcohol program(AB1353) will be required by the court and the DMV. This conviction will also trigger a 6 month driver license suspension.
As far as the DMV is concerned, they are going to try to suspend your license for 120 days and they are highly successful even with the best...
Yes. your level of intoxication would be an issue in determining the creditability of your statements and/or testimony. Especially if your BAC was high. Whether or not the defense attorney has access is more a question of wheteher or not the attorney finds out because the documentation could easily be obtained with a subpoena.