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If convicted on a misd DUI 1st offense and want to serve 6 months when, I get out of jail is that the end of court envolvement

Rialto, CA |

I don't want to be on 3 years of unsupervised probation. I don't want to submit to a PAS test on demand for 3 years. I do not want to pay all the fines. I will do the alcohol re education classes to get my drivers license back though. How much time will I have to serve if I refuse the terms of probation. If it is 4 months will it count for the whole 6 months.

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Attorney answers 3

Posted

That's a gutsy move but if you are up for it...
All suspension will add up to 6 months suspensions, 4 months APS .08%; six months DUI conviction; and six month for no probation... All adds up to six months! LA County? Yes, then IID installation and can drive... otherwise no.
Jail, yes six months is possible, but not likely. The law (CVC 23536, DUI w/o Probation) states between four days and six months jail sentence... guessing maybe 30 days max but just a guess.
And you seem to know that the DUI class is still required if you live permanently in California and ever want to drive again.
Apparently you want to pay off the fines by jail too... that varies between $30 and $50 per day of jail but is also subject to good time/work time credits.
Yes if you have the time and guts to go this route, good on you. If everyone would do it the system would come crashing down! No money in DUIs for the State anymore... and jails totally clogged. No fun to be in custody but you are allowed by low to go this route.
And don't worry about the "whole 6 months"... that's just the maximum sentence, not what you MUST be sentenced to serve.

Asker

Posted

Thank you so much for your answer. I am going to trial. If everyone charged with a dui did that the dui gravey train will crash. If convicted I will go to jail and do my time with my head held high. I will use that time to excercise and make a business plan. Start a website to track dui arresting officers and help people with no money navigate the system!

George B. O'Neill

George B. O'Neill

Posted

Well don't get too carried away with your Mission here partner... If your attorney thinks that Jury Trial is appropriate that's one thing... if you are just out to mess with the courts, you will be the one that ends up getting messed with, you should be reasonable about that decision.

Asker

Posted

Thank you again. My attorney does think I have a good shot at a reduction in the charge and a good shot at acquittal if I go to trial. But I know there are no guarntees in life. If I am convicted when they are done with me I intend to make it my life mission to help others avoid my fate. Thanks again.

Posted

Interesting question- You would probably need an attorney to get this as the court would want to make sure you understand your rights. You are looking 6 months in jail; $390-$1000 in fines plus penalt assessments; 6 month license revocation. The DMV would require you to get an SR 22 before you got your license back. The court could order an IID on your vehicles. The DMV can also require you to attend alcohol school.

Call me with any questions.

Andrew Roberts
(818) 597-0633

Asker

Posted

Thank you for taking the time to answser my question. I have a great lawyer. I asked him this question and he said it was premature to think about conviction. But I got to thinking about it today and I wanted to know.

Posted

This is another reasons why people should hire a lawyer. What did your lawyer say?

Heres what you really want. No serious jail time and very short probation period. An attorney could attempt and possibly get you a probation term that ends shortly after you finish the DUI class.

Most of the fines are mandatory whether you are on probation or not.

But go ahead and get 4-6 months jail. That will work too.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

Asker

Posted

He said I have a 75% chance of acquittal. My dui arrest is on video and he cop lied. He lied in his report. Proveable lies because it is on audio/video. On the other hand I had to give a blood test under the the threat of force and my BAC was above .08 But just barely above. I feel confident. He will attack the science of retrograde extrapolation but still I want to know my options in the event of conviction. Thank you for your advice. You are doing a great service. I have done a complete 180 of my opinion of defense lawyers. I know have contemt for the DA and the legal system and respect for defense lawyers.

Asker

Posted

contempt

Tai Christopher Bogan

Tai Christopher Bogan

Posted

Go to trial.

Asker

Posted

He said the 75% could rise due to investagation and discovery in the pretrial process. But still 75% is not a great # but it is not a bad % either.

Asker

Posted

I am going to trial. It's scary but I have to defend myself against a system that is using DUI laws meant to get hard core drunks off the road and applying them to social drinkers who are of no threat. Driven by the mad dogs of madd for the purpose of money and politics. I just wanted second opinions. I thank all of the lawyers who responded and I will tell anyone I ever meet charged with DUI to get a lawyer even if it means taking out a loan or borrowing from your 401K like I did.

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