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In order for the DA to drop one of the DUI charges (23152 a or b), I would have to submit a DNA sample...should I do it?

West Covina, CA |

BAC - 0.14%

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Attorney answers 6

Posted

Depends on which court you are in. This sounds like a deal from Orange County Courts. You should definitely consult with an attorney before making a decision.

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.

Posted

There's no real benefit to you there. Either one will cause license suspensio. And, yes, this is normal practice in a plea agreement situation.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

Posted

No. You should talk to your attorney. If you don't have an attorney... get one. If you get one, get one that does DUI's in the court your are charged in.

Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.

Posted

I agree, do NOT do it.. plead to both counts if necessary because it will not have any adverse affect to your DMV or record. It will not add additional "points" to your record. Only if you face immigration issues would I worry about pleading to both the a and b count. But definitely talk to an attorney!

Posted

No. This is a misdemeanor, so why should you give a DNA sample; that is reserved for felonies, and if you plead to the charge, they will dismiss one of the charges anyway. Good luck.

Jeanny Tsoi

Jeanny Tsoi

Posted

Thanks for your feedback. I appreciate it. You mentioned that one of the charges will be dismissed anyway...is that thru the discretion of the judge?

Posted

I have NEVER heard of someone having to give a DNA sample in a misdemeanor DUI case. It is standard in a DUI plea to drop one of the two charges in almost every case where there is a deal. Something is amiss here. Add more facts.

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