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2nd dui jail time same day as court date?

Santa Clarita, CA |

when you show up to the judge on the assigned court date on the ticket they gave you, do people usually go in jail the same day as the court date? and usually if not how much time do they give you to turn yourself in after the court date

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Attorney answers 5

Posted

If you plead guilty the court will give you some time to remand yourself to jail. Fortunately the LA jails are over crowded - so you probably will spend very little time in custody .

Posted

Assuming that the assigned court date you're referring to is the initial arraignment and that you were released with a citation and promise to appear following your arrest, it is highly unusual to be taken into custody on that date.

In fact, unless charged with a felony DUI or ordered by the court to attend, a defendant may retain an attorney to make the appearance at arraignment in his place.

In the event of a guilty or no contest plea to the DUI, the court will typically set a turn-in date for jail (or alternative work project, if the defendant qualifies).

Asker

Posted

thank you for the feed back. how would i know if its a dui felony? on the citation the officer gave me was circled misdiminor dui

Nicholas John Scardigli

Nicholas John Scardigli

Posted

Based on your citation, it would seem that you will be charged with misdemeanor DUI, if the District Attorney's Office does in fact file charges. Generally, the current DUI offense cannot be charged as a felony unless: (a) it is alleged that you caused great bodily harm to another person; or (b) you have been convicted of three misdemeanor DUIs (including any so-called "Wet Reckless" convictions) within 10 years of the date of the current offense ; or (c) you were convicted of a DUI offense that was punished as a felony, within 10 years of the date of the current offense ; or (d) you were convicted of a violation of Penal Code section 192 that was punished as a felony, within 10 years of the date of the current offense.

Asker

Posted

i have gotten my first dui october 2011 dropped to a "wet and reckless" does it match up to "b" or "d" to your last response

Nicholas John Scardigli

Nicholas John Scardigli

Posted

No, it does not.

Asker

Posted

thank you for your response, you were great help. if i were going to jail, what would your estimation be for my situation since its my second dui, also note that on my 2nd dui on the citation i have recived it says 23152 A and 23152 B so they might charge me for one of those?

Nicholas John Scardigli

Nicholas John Scardigli

Posted

A potential sentence can vary greatly based on any number of factors (for example, blood alcohol level, driving conduct, whether it is a sentence after a plea versus after a trial, etc.). However, in my experience as a former prosecutor, absent any aggravating factors such as a particularly high blood alcohol level, the sentence for a 2nd DUI is typically the minimum jail time required - 10 days - if probation is also granted, which it typically is. As for the two separate charges - 23152(a) and 23152(b) - although you can be convicted of both, you can only be sentenced on one. The (a) count is for driving under the influence (which does not necessarily mean that the driver's blood alcohol level was 0.08 or higher), whereas the (b) count is simply for driving with an blood-alcohol level of 0.08 or higher. Despite all of the information you've received from all of the answers here, I strongly encourage you to speak with an attorney about these charges.

Asker

Posted

sorry but i dont under stand the part where you said this "driving conduct, whether it is a sentence after a plea versus after a trial, etc.). "

Asker

Posted

oh sorry to bother but if u are charged for A & B does it count as 2 duis? or count as one

Nicholas John Scardigli

Nicholas John Scardigli

Posted

The (a) and (b) counts simply represent two different theories of criminal liability for driving under the influence. Even if found guilty of both counts, you can only be sentenced on one of the those counts, and thus the outcome would result as only one DUI conviction, not two.

Asker

Posted

oh ok so you are saying if im found guilty in both charges they will pick A or B and charge me with that? but is it possible to have 2 dui's or there is no way

Nicholas John Scardigli

Nicholas John Scardigli

Posted

If the (a) and (b) charge relate to the same conduct and the same incident, there is no way for the charges to result in two separate DUI convictions that would each impose separate sentences and each count as a separate prior DUI.

Asker

Posted

thank you very much, your responses helped me greatly

Asker

Posted

that would mean 2 seperate tickets right if i had 2 duis

Posted

In some cases that are especially egregious or if there have been a series of failures to appear, it is possible to be immediately taken into custody. In the circumstances you've described, if you are faced with jail time, you will be given time to report for that sentence. I'd definitely recommend talking to an attorney. Good luck.

Jasen Nielsen

Posted

Your question is a little ambiguous. Usually when people are talking about showing up on their ticket, it often means thats their first appearance. If that is the case, no, you enter a plea the first day you show up and the case continues. If you plead guilty or will be pleading guilty you will most always be given time to surrender.

Brian Michaels
www.socalcrimdefense.com
3109919179

Posted

It is unlikely the Judge would take you into custody on the first court date. Most cases take time to plea bargain. Also, judges in the Santa Clarita area are pretty fair and give people time to surrender to get their affairs in order. In respect to a 2nd DUI, if the alcohol blood level is low, you may be able to strike your 1st DUI and end up with classes and a fine. Further, a lot of people are under the misconception that you must serve mandatory jail time on a 2nd DUI conviction. This is not true. There is actually a penal code statute which allows for 10 days community service in lieu of jail.

Brian Russell Michaels

Brian Russell Michaels

Posted

No no no. There is no such thing as striking the first DUI if the 2nd blood alcohol is low. Sorry. Dont mean to step on any toes. But thats NOT how it works.

Jacques Tushinsky-Fox

Jacques Tushinsky-Fox

Posted

I think I could have used better terminalogy. I would convince the prosecutor to allow the Defendant to plea to a first time dui conviction, and not a second offense. Hope that makes better sense. Let me know if I am still mistaken. Thanks for the insight.

Jasen Bodie Nielsen

Jasen Bodie Nielsen

Posted

Prosecutors do occasionally miss priors and mistakenly file a first time dui. But if they catch the prior, you'd be hard pressed to convince a prosecutor to amend the complaint and file a first. Extremely unlikely.

Brian Russell Michaels

Brian Russell Michaels

Posted

I think ocassionally is generous. Jasen. Even on those occasions where something might be missed a Judge is usually there to clean it up. Not trying to show anyone up here, but people rely on the information here and could lead someone down the road astray thinking priors can be struck on DUI cases. DUI's as you know have the toughest mandatory minimum sentencing structures of any crime and Judges do not even have the power to strike priors. Judges, and prosecutors alike are BOUND by the mandatory minimum sentencing guidelines. a 2nd DUI requires mandatory minimum jail. Not alot. In many counties prosecutors tend to give out much more than the mandatory minimum jail the law requires. The best way to get out of that 2nd time DUI jail is to hire a very experienced DUI lawyer like Jasen...or me.

Jacques Tushinsky-Fox

Jacques Tushinsky-Fox

Posted

Brian, you state that a 2nd DUI requires mandatory minimum jail. This is not at all true. I would hate for people to rely on a false legal assertion as well and be led down the road astray. California Vehicle Code Section 23580(a) provides that: If any person is convicted of a violation of Section 23152 or 23153 and the offense was a second or subsequent offense punishable under Section 23540, 23546, 23550, 23550.5, 23560, or 23566, the court shall require that any term of imprisonment that is imposed include at least one period of not less than 48 consecutive hours of imprisonment or, in the alternative and notwithstanding Section 4024.2 of the Penal Code, that the person serve not less than 10 days of community service. Many practicing criminal attorneys are unaware of this statute. Ten (10) days of community service may be served in lieu of the minimum jail requirement in respect to a 2nd DUI conviction. Also, work release may be available under 4024.2 of the California Penal Code. The best way to get out of that 2nd time DUI jail requirement is to hire a very experienced DUI lawyer like myself.

Brian Russell Michaels

Brian Russell Michaels

Posted

I'm not getting into a pissing contest here. And I am not giving legal advice. This is an informational/advertising site but many people rely on the information here as legal advice. I stand by what I said. 19 years in the criminal courts. You?

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