The prior answer explains the "worst case scenario," which is certainly important. But it is also true that many first-time juvenile offenders receive diversion, either from the probation department or the court. An attorney can help achieve this result in some situations.
The answer to your question depends on a number of facts not presented in your question, including whether you're out on bail, and whether the court or bail agent imposed any conditions on your release. Speak with an immigration lawyer before you leave the country.
Congrats on the marriage.
The forms used in Orange County are found below, along with instructions. You can do this yourself or with the help of an attorney.
The fee is actually $120.00. The $60 fee referenced in a prior answer applies to misdemeanor convictions, not felonies.
Best of luck to you --
Yes, charges could be filed if the District Attorney decides to do so. The best short-time advice for the two of you is to refuse to discuss the case with anyone – including the girl, her family, or the police. If the police come to her and act like they want her side of the story and express doubt that the girl is telling the truth, don't be fooled. The police do this often in an effort to get the suspect to open up and trust the police. Also note that if the girl or one of her family...
Poor driving isn't required to prove a DUI. Proof of it (and the lack of it) can be evidence that a person is or isn't intoxicated, but that's all. In other words, even if you were pulled over for an expired registration tag, and had been driving perfectly, the case could be proved based on: (1) the breath test, and (2) the officer's observation of you driving a vehicle.
There may be some fact(s) that would give the prosecution a good reason to lower the charge to a wet reckless, but you...
Regardless of whether the DUI conviction is removed, it can be charged as a prior conviction for 10 years. It can also be considered for a variety of purposes - e.g., state licensing, etc. It will theoretically remain on your criminal record forever, with a notation that it was "dismissed" if you are able to get it expunged. Nevertheless, removing the DUI from your record does have some beneficial aspects to it, including the ability for you to say "no" when asked by a private employer if...
If you're represented by private counsel, you should ask that attorney to seek a continuance with the DMV. You should beware, though, that even "beating" the charge in court does not guarantee you that the DMV hearing officer will reach the same result.
There are a number of ways that you can seek to vacate the plea agreement. It is usually very difficult to do, but it is certainly possible depending on the facts of your case, and whether you were represented by incompetent counsel.
Most criminal attorneys offer free consultations. Your question really requires a consultation since there are way too many facts that an attorney would need to offer you any meaningful guidance.
Brian (Tustin criminal defense attorney)
You can be fined a maximum of $20, with the addition of penalty assessments on top of that. The total amount will be around $60 or so.
The DMV does not add a point for this violation.
The fact that your device broke shortly before the offense is not a defense.
An interesting note is that minors (<18 years old) are not permitted to drive while speaking on the cellphone, even with a handsfree device. This is set forth in Vehicle Code section 23124.
Good luck and drive safely,