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Should one enroll in a sobriety class before going to court for a 23136(a) to get in good graces with the court?

San Francisco, CA |

My 18 year old son received a 23136 (a) v6 Minor driving with .02 BAC -- first offense. the ticket showed a set date for the civil infraction and we secured a separate DMV hearing. Is is a good idea to enroll in a sobriety class before we walk into the separate hearings or wait until they assign it to him? Which class do you enroll in? wet-wreckless or something else? How many hours? How do you find these classes?

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Attorney answers 4


On an adult case I usually do not recommend enrolling in classes with the hopes of getting good graces from the court of prosecutors. If it will speed up my clients ability to drive, then yes. If you want to something that might aid a minor in the eyes of the court without forcing someone to do a class more than once I usually recommend doing AA's.


Typically, for DUI classes, there are different ones available. If you enroll in the wrong one, then you'll end up just wasting your money as you'll have to enroll in the right one.

I completely agree with Mr. Michaels in his discussion.


I agree with my colleagues...I always recommend getting into AA classes ASAP and you could ask the location that your son is attending if they can provide a court card to sign evidencing that he attended the classes. Depending on the court and judge, I'd recommend attending at least 2 - 4 classes a week. However, if your son has a serious substance abuse program and is thinking of enrolling in a more structured sobriety program for his own benefit - and not just in hopes of getting a better result in court - then I would say enroll immediately.
Good luck!


.01 or greater is an infraction and not an actual criminal offense. An .02 is a really negligible amount of alcohol and any error in the machine would give you a win. That said your son will lose his license for a year w/ the DMV unless there is some problem with the machine , the stop, etc. Your son will not be required to take a 1st offender class. If you feel he needs to attend AA that is between you and him. If he was under 18 the court would be a juvenile court and impose some probationary terms but at 18 they won't do that. I disagree with everyone rushing him to AA. It should be thought through as you don't want him to become resistant. You know your son and know what he needs> Having a teenager myself, it is a really thin tight rope to walk. Good luck.

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