pulled over for speeding, underage dui (fighting this charge, took 2 breathalyzers and blood test to determine BAC), 15 year old cousin was in the car so they added F PC273A(A). What can we do to fight this charge or what can we expect to come from it?
The F means you have been charged with a felony violation of PC 273a(a). If that sticks you are looking at 2, 4 or 6 years in state prison. The parent's of the child who entrusted him/her to you could have their parental rights interfered with and be charged if they haven't already. I have seen many of these kinds of cases and, if no one was hurt, most are reduced to misdemeanors which means up to one year in the county jail.
A charge of PC 273a(a) is a felony child abuse charge. It requires proof that the circumstances were likely to produce great bodily injury or death. In the situation you have described they would be difficult for the prosecution to prove that death or great bodily injury was likely. In most DUI cases were there is a minor involved, the charge is misdemeanor child endangerment (P.C. 273a(b).
You should consult an attorney and decide, with your attorney what charges to fight and which charges to use to negotiate a settlement.
Thanks for your posting.
The answer to your question is that you would need to have a lawyer aggressively fight the case and point out legal and factual deficiencies in that particular charge, or that justice would not be served for punishment under that code section.
I hope that this helps, but please feel free to ask if you have any further questions. It's my pleasure to help in any way that I can. All the best to you.
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