Is there a legal question or are you attempting to inform everyone?
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. If your case is in California or Washington, you can call me for specific legal advice on your case free of charge. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
The reduction under 17b5 reduces a felony to a misdemeanor when granted, it is a court decision. However expungment only seals the record for civilian purposes in California please read penal code 1203.4 this does not wipe out the conviction or hide it from the government for purposes of licensing, some political offices and from law enforcement,
Please only call me if your case is in California as I am only licensed here and laws of other states may vary. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is always best and I often in limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.
There is no question here. If you have a legal question, you may want to speak with a qualified attorney who can assist you.
Thank you for stating your understanding of this complex issue.
San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy
It depends on a variety of factors. More then you make it seem to be.
It appears you believe you were given bad information, but please remember, this site is not intended to provide ear cut answers. Nothing in law is that clear. Many of those situations, depend on a variety of details. And many attorneys state general responses because it's impossible to get all of the necessary information from a Q&A site like this.
I'm glad things worked out for you. But please don't assume you now have the answer to all felony DUI offenses across the board.
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.
Thank you due sharing. I do these kinds if 1203.3 reductions quite a bit (I specialize, so u suppose us be part if the 20%) and you are correct. The reduction also restores the right to own a gun, and to sit on a jury.
You are correct in what you post - I'm not sure why the original answers and information (assuming your question accurately reflected what occurred) were wrong.
Yes, a reduction makes the conviction a misdemeanor FOR ALL PURPOSES. That means it is no longer a felony. That means your second DUI within 10 years is a misdemeanor (unless it qualifies as a felony for its own reasons).
Glad it worked out for you. Good luck in the future.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
Nice to hear things worked out for you.
The only point proved, however, is that free legal advice is worth exactly what you pay for it.
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