What are the chances of a plea bargain to drop dui case for 148 obstructing?

Asked over 1 year ago - Paramount, CA

According to the police report, I was arrested for 148 obstructing an officer and taken to the station where they later booked me for DUI Refusal. But the police report mentions I was initially arrested for obstructing. The citation I was given is for a dui only.

Attorney answers (4)

  1. Richard Franklin Taub

    Contributor Level 14

    5

    Lawyers agree

    Answered . You have asked this question already. Asking this question again is not going to yield different results.

    The information provided herein does not create an attorney-client relationship. The information provided is to... more
  2. Alan Graham Keating

    Contributor Level 10

    4

    Lawyers agree

    Answered . I agree with Mr. Taub - several attorneys have taken the time and trouble to provide you with answers to your question. I realize that you find yourself in a difficult position, but asking the same question again and again will only result in the same answers again and again. Good luck to you with your case.

    This answer is for general informational purposes only and shall not constitute legal advice. I have answered a... more
  3. Tracy Mark Grayson

    Contributor Level 5

    4

    Lawyers agree

    Answered . The answer really depends on which police agency, court, and prosecutor you are dealing with, and even then it would be hard to give a precise answer. The prosecutor gets to elect which charges they choose to file, so even if the police arrest you for one crime, the prosecutor decides which charges to file. They may believe they have a stronger case with the DUI charge rather than the 148 charge. Dismissing the DUI in favor of the 148 seems unlikely, and it would really be a strange "lesser" or alternative charge. You might want to pursue a dry reckless, speed contest, speed exhibition instead of the DUI refusal. You need a lawyer.

  4. Matthew Murillo

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . The stuff on the citation doesnt really matter. What does matter is what the DA decides to charge you with after reviewing the police report. They may very well charge you with both. Starting talking to some local DUI lawyers as that will be the primary focus here. Don't forget to request a DMV hearing within 10 days from the date of arrest in order to prevent automatic license suspension.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more

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