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1st Time DUI...got pulled over for speeding, but no record on speed on documents/ticket. Will I get charged for both?

Huntington Beach, CA |

I got pulled over by CHP two days ago. The officer said the pulled me over for speeding and asked how fast I was going. I told himk I knew I was going over the limit (admitted 85 MPH aprox). He said he had to drive 130MPH to catch up with me! I can't believe that.. Officer told me he would do a quick test for DUI; If I passed, i would get a speeding ticket and go home. If I didn't I would be arrested. Long story short, I blew a .12 BAC and was taken to OC Jail. When I left jail the following morning (worse experience of my life!) I reviewed the documents provided to me and saw two charges: 23152(a) VC and 23152 (b) VC. Questions 1) Is there hope for charges to be dropped since first time? 2) Will they charge me for speeding and can they send me to jail for this? i am really nervous...help!

Attorney Answers 7


  1. They are going to charge you with a speed enhancement which carries mandatory jail time. Seek help asap.

    310-935-3100


  2. There are a lot of factors that determine if charges are dismissed or reduced. It's hard to say from the facts you present. As for the speeding charge just because they didn't ticket you for it doesn't mean he didn't include it in the report. The district attorneys office will look at the reports and decide what to charge you with. You also have some DMV consequences to be concerned about. You have ten days from the arrest to request a DMV hearing or your license will automatically be suspended. Lastly, which court your case is out of is important. Which courthouse are you ordered to appear?

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  3. On a first time DUI, there typically is no jail time unless they add enhancements for excessive speed or reckless driving.

    Can they also charge you with the speeding? Yes, but your attorney should be able to get that dismissed in a plea deal (should it get that far).

    Will they drop a first offense just because it is a first offense? Sorry - no. DUI is one of the most aggressively prosecuted and highly political charge out there.

    There may be defenses or other issues, so it's worth it to speak face do face with a local criminal defense attorney to discuss things.

    Keep in mind that you only have 10 days from the date of your arrest to contact the DMV and schedule a hearing or they will automatically suspend your license.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  4. The reason for stopping you in included as a lessor crime in the DUI - you shouldn't be punished for both! make sure you have a lawyer help you - http://www.california-dui-lawyers.org


  5. I echo my colleagues comments. Just because it is not on the documentation you received, doesn't necessarily mean it won't be added on to the criminal complaint as an "allegation". Think of these as "sentence enhancers". In order to get the "allegation" of excessive speed, 3 things need to be proven. 1) You were driving in violation of VC 23152 or VC 23153 (DUI); 2) you were driving either 30 mph over the speed limit (freeway) or 20 mph (any other road); and 3) you drove in a "reckless" manner pursuant to VC 23103 (wanton or willful disregard for other's safety).

    The good news is this, you said you were driving around 85 mph, depending on whereabouts you were, you were probably in a 65 mph posted zone. However, we need more facts to accurately determine this. Further, that's what you thought you were doing, it might have been even higher. So with that said, and given this allegation carries with it a 60 day jail sentence, you should call an experienced DUI attorney at once.

    Last, it's highly unlikely they will drop the charges here, especially in Orange County. They'll even prosecute 1st timers with 0.08 (and sometimes even less BAC). What MAY happen, depending on a multitude of factors, is a reduction to "Wet Reckless". It's somewhat tough, but not out of the question. Since this is a 1st time DUI, the advantages to a wet reckless for your situation are lesser fines, shorter probation period, and shorter "alcohol school" program. If this were your 2nd or 3rd DUI, a wet reckless plea would be very advantageous because it would not count as a "3rd DUI" and would involve much less jail time. (keep in mind, if you are convicted of a wet reckless and say 2 years later you are convicted of a "DUI", the wet reckless WILL count as a prior DUI for sentencing purposes).

    All in all, get the assistance of a qualified DUI attorney, and act fast to save your driving privileges (10 days to request DMV APS hearing). Best of luck to you.

    The answer above is for informational purposes only and is not intended to provide legal advice or form an attorney-client relationship. The above response should not be relied upon for any specific situation. If you need legal advice specific to your needs, you should consult with a licensed attorney.


  6. Get an attorney. The speed will come in as an enhancement . OC prosecutes people with less BAC . You still have the DMV to contend with.

    Andrew Roberts (818) 597-0633/ (805) 496-7777


  7. My colleagues are all correct. You are facing some difficult issues. Speak with an experienced attorney ASAP.

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