She is facing multiple violations of probation and a new misdemeanor charge. Considering she was most likely given a break by the prosecution and the court by not having to plead to a DUI with a prior originally, the court certainly has the power to put her in custody now. Jail population is an issue but depending on the jurisdiction she could be looking at some jail time as punishment but not too much. Either way she has real legal issues. Marc Applbaum, Attorney at Law, San Diego.
Easy to do. If a deal cannot be worked out with the prosecutor (when you originally plead guilty) you will be ordered to the entire period. Provided you complete all terms of probation , you are entitled to ask for early termination. A attorney can prepare the document very quickly, or you can do it. Then it gets processed. Depending on the court and how much of the % of probation you've completed the government may or may no oppose your motion. You should not be charged an exorbant fee for...
The short answer is yes. I have seen reductions given and have authorized reductions myself in my time as a prosecutor when the BAC was higher than in your situation. I have yet to review a police report where the subject did not have "red watery eyes", or the "strong odor of alcohol", or some of the other objective symptoms you mention, so those are less important. As are the FST's...tests designed to make you fail. Truly the hurdle for you will be the .12 itself. I can only speak from my...
You'll be fine. Get into court ASAP and explain your hardship. Stay ahead of any potential probation violation and address any issues as they arise and the court should work with you regarding an extension.
Absolutely you can depending on the court and your history. Many courts are offering diversion as an alternative to a misdemeanor. Moreover, you may have a defense to the alleged crime entirely. Call an experienced attorney ASAP.
It depends on many other factors. There are 2 counts with most California DUI's... The .08 is merely one charge. You can also be convicted of the "a" count or driving with the caution not characteristic of a sober person. Manner of driving and performance on sobriety tests will be examined closely. A drug DUI is not as easy to prove as a straight alcohol DUI. But drugs mixed with some booze can make a prosecutors case any day. Get a lawyer.
When it comes to your punishment there is no difference in pleading to either one or both counts. Certainly you'd only prefer one on your record. Many attorneys advise to plead to the b count rather than the a to avoid any potential civil liability.