You have already said too much - both to the police and here. Your next move should be to find the best criminal defense attorney you can and sit down with them in a CONFIDENTIAL setting to discuss this.
This could go from tragic to worse quickly. There may be defense investigation that needs to be done ASAP to preserve evidence that can help you.
You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in...
Can an attorney intervene and keep a case from getting filed in the first place? Yes - sometimes.
They have to be able to get to the assigned prosecutor before the case is filed. In some jurisdictions it's easier than others to be able to speak directly with the prosecutor.
Having said that - if there is defense evidence that exonerates the accused or casts serious doubt on either the accused's guilt or the accused's credibility, sharing that before filing may convince the DA that the...
If the police were not actually called out the scene, they most likely will not be.
Please see my other answer re: civil demands.
If you don't pay, it will not affect your credit - it is just a demand, not an unpaid debt.
There is nothing to "expunge" - an "expungement" in California happens after you've been convicted and finish probation. Because the police were not involved, there will likely be no court case and no conviction to "expunge".
The worst? A year in county jail, two thousand in fines, probation and a six month license suspension.
Best case? Beat the charges.
There's no way to know how strong the case is against you and what the likely outcome is. You need a lawyer.
Keep in mind that you only have 10 days to contact the DMV or they will automatically suspend your license.
Yes, there is a mandatory minimum. However, with the probation violation, the collision and the high blood alcohol level, if this occurred in Orange County, the prosecutor will be pushing for way more than the mandatory minimum.
That's not to say they'll get it or that there cannot be alternatives (rehab instead of jail, house arrest, etc.)
Your license is in jeopardy of being suspended for a year based on the second DUI and the probation DUI. If this occurred recently, you have 10 days...
Orange County typically asks for 10,000 bail in a second DUI - and technically, the bail schedule for a misdemeanor probation violation is 15,000. If you posted bail when you were arrested, you should be okay. If not, if you appear without an attorney, they could take you into custody until you post bail. An attorney may be able to appear on your behalf and either see about getting you released without having to post bail - or at the least get you some time to have bail posted.
He should plead NOT GUILTY (or continue his arraignment so his attorney can be present with him). A conviction for 422 as a felony is a "strike" under California's three strikes law and can carry up to 3 years in custody.
There's something else going on that landed him with no bail. I assume it's because they're alleging a probation violation for his other case.
Without knowing anything about the case, it's impossible to predict what may happen, but he absolutely positively needs a...
Ordinarily, the overwhelming consensus is to ignore civil demand letters, but you're in a different category since this can impact your education and graduation.
Actually, paying this may put your lawyer (yes, you need one) in a potentially better position to show that you're taking steps to pay for your mistake and get you a second chance.
Find a good local criminal defense attorney and discuss these aspects of your case with them.
If they're claiming injuries, you could be looking at felony hit and run charges. If the injuries are minor or it's only property damage, you could face misdemeanor hit and run charges.
They may have assumed or speculated you were drinking, but without proof that you were under the influence, they could never prove a DUI case against you.
Under any of the circumstances, you're facing criminal charges that carry points on your DMV history, probation, potential jail time and/or fines...
If you were over 21 at the time, there should not be any charges filed unless they think it was a combination of drugs and alcohol.
You can check on the Orange County website (www.occourts.org) to see if charges are filed.
Be sure to contact the DMV and make sure they are returning your license pronto.