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If the DA is unwilling to drop one of the two DUI charges (23152(a) and (b)), can I request a reduction from the judge?

Westminster, CA |

Would character letters help reduce the DUI penalties or reduce the charges? I blew a 0.14 BAC and was speeding. Did not hurt anyone or damage property. This case will take place in Westminster Superior Court.

Attorney Answers 5


  1. The judge cannot take away the two charges unless there is a reason (i.e. incorrect pleadings). The DA is the only enitity that can do that once the charges have been filed, unless a Jury finds you not guilty.

    Elliot Zarabi
    www.TipsyLaw.com
    213-612-7720

    Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.


  2. No but the DA usually will dismiss one of the charges since the punishment is the same either way. If the DA wants you to provide a DNA sample, the judge would not.

    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. As a former District Attorney and former City Attorney it is not uncommon to get a reduction of one of the charges. There is a prayer an attorney can make to the judge but it is somewhat rare. The prosecution agency is in charge of the charging document (complaint). It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible. Good luck.


  4. It is likely that the court would rule that your sentences for the two crimes would run concurrently in which case there would not be additional jail time. Also, when someone enters a guilty plea, it is likely that the DA will agree to dismiss the lesser charge. Character letters would be hearsay and inadmissible. You would need the character witnesses to testify live at trial. I recommend that you hire an attorney to represent you, as every case is different and it is difficult to get good advice on these types of matters from attorneys who do not know the specific facts of your case or the local laws.


  5. Generally, in order to convict someone for DUI, the District Attorney need only prove either the "A-Count" or the "B-Count" of the DUI statute. In most cases, the District Attorney has the luxury of pleading both counts and attempting to get a conviction on either count. As noted by my colleagues, the punishments are the same for being convicted of the A-Count alone, the B-Count alone, or both the A-Count and B-Count. As a result, dropping one of the charges will not likely have an affect on your case.

    Generally, during the plea bargaining conversation, your lawyer will argue both the charges and the sentence, and in some cases, letters from people attesting your good character can be helpful. Nonetheless, you should contact a qualified lawyer in your jurisdiction to fight your DUI charges.

    Please note that DUIs are complex cases and there are various procedural steps that cops must systematically address when stopping you, detaining you, and ultimately arresting you. Often, the cops make mistakes which can taint evidence or lead to an unlawful arrest.

    Either way, you should contact qualified counsel to assist you in working through the possible defenses to your case.

    The information provided herein does not create an attorney-client relationship. The information provided is for informational purposes only and should not be relied upon. No reliance will be presumed. Only upon the hiring of qualified counsel can such advice be custom-tailored to the client's specific facts. Any prior results mentioned or referred to do not guaranty similar outcome. ADVERTISEMENT.

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