I was charged with a misdameanor (1st) dui 3/18/2011 (st. pattys) .Bailed out, went to court and case was rejected, thrown out, no court .. thinking im "scott free" or no obligations to courts or state,I decide to move back to Ohio! While in OH I was Made aware there was a warrant for me in CA .. DA reviewed case and brought me up on felony Dui w/priors (my 4th)cause I have 3 priors (2)in OH 04 and 05 and (1) in PA 07..and now CA # 4..(1st in CA)..I was extradited here from OH on a felony dui warrant For Felony DUI (4th)I hesitated but signed a deal for a NOLT. no prison, no more than 1yr w/ half time, out in 6months?or Rehab ?or what? Im from ohio and want to do the least amount of time possible ,rehab or jail ..Sentencing Apr 18 what should I do or say .I have a PD w/ no time for me!
Go see your PD. Speak to them. Also make sure those priors are constitutional - meaning your were advised of your rights and you waived them. In addition your attorney needs to make sure that the out State DUI's are equivalent to CA DUI laws. They probably are but an attorney would need to research it.
A felony is pretty serious but a 4th DUI will generally get you there. Most people get local dispositions on their first felony DUI anyway when the plead before trial. So this NOLT offer is standard in my opinion.
Ultimately only you and your attorney can determine what you should do. Call him or her and make an appointment. Speak to his or her boss. You need to speak the them about this.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
You have to go with your PD's advice. Only he knows all the facts and circumstances of your case.
To obtain the least amount of time possible your attorney will need to persuade the judge with mitigating factors supporting leniency. Before the judge takes the bench to sentence you, the judge will review the report prepared by probation. The information in that report can sway the judge in either direction. Your attorney should prepare you for what to expect when you're interviewed by probation. Also, your attorney should prepare a sentencing memo for the judge to also review prior to sentencing. The sentencing memo should point out all the mitigating factors and correct any errors in the probation report. It's not too late to hire a private defense attorney to handle this portion of the case for you. Please feel free to call my office to address any further questions or concerns.
Tons to look into on many angles. Are the priors constitutional? Are they equivalent to California priors (if not they may be struck)? What was the BAC, driving patter, officer(s), field tests, chemical tests (loads to look into with the chemical tests)? Tons of science and procedure.
The NOLT may or may not be a good deal, but there's no way to tell until the case is uncovered much more. I'm in San Diego, and proud to call myself a DUI trial attorney. Call me if you have questions.
Disclaimer: this was not legal advice, and in no way formed an attorney-client relationship.
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