IF this took place in Ventura County, you are in a tough jurisdiction. In an accident/DUI situation, Ventura County will sometimes look for jail time. You need good representation and at the least should take the time to consult with an attorney by phone.
Contact DMV at phone number on your temp. license within 10 days. Then contact a few really good DUI attorneys in your area. Do not give any statements to insurance people at this point. A good place to look for really good DUI attorneys is on the Californai DUi Lawyers Assoc. website. they have a list broken down geographically and you know these people are competent.
You will need a criminal defense attorney, no question, especially in Ventura County. You can be charged with a number of DUI related offenses. What was your BAC? Did you submit to a Breathalyzer or Blood test? Was there an occupant of the other vehicle? Was this occupant injured? These questions will play a large role in what happens.
Seth Weinstein, Esq.
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
As you have heard for Ventura County you need an attorney to deal with Court a DMV. Ventura is tough. You must report this to DMV within 10 days of arrest. Get an attorney.
There are a lot of factors that go into sentencing, but remember that you've only been arrested at this point and have to be convicted before sentencing. What did the chemical tests estimate your BAC to be?
Like the other attorneys have said, you need a good lawyer for a DUI, especially one involving (even minor) damage to another car. Having a clean record will work in your favor, but do everything that you can to keep your record as clean as possible.
In order to give you any realistic expectation of a sentence, I would need a lot more information. If your case has any strong trial issues, you might be looking at a better outcome.
Based on your question, it seems you were only charged with the (a) count. Were you not charged with the VC 23152(b) count for above .08? If you did not blow above a .08, your license will not be subject to automatic suspension.
Was your license taken away and were you given a pink piece of paper in its place? If so, you must contact the DMV driver safety field office indicated on the form and request a hearing to stop your suspension. This is something that I imagine most lawyers would do as part of their representation (I always do).
If you'd like to discuss your case further, feel free to contact me anytime for a free consultation.
Nicholas M. Loncar, Esq.
In Ventura County assuming nobody was hurt and minor damage you are eligible for a first time disposition. Meaning 48 hours or 5 days work release, 36 months probation, and fines and fees plus restitution. Good Luck Ron Bamieh
Notify your insurance carrir and make sure restitution is accomplished and talk to your attorney about it.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
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