i was convicted as dui offender last year in aug. since my license has been suspended, in the past year i deployed to afghanistan, and today i was pulled over for not properly stopping at a stop sign and the CHP gave me a ticket saying violation of 12500(a) and the stop sign. im supposed to be getting my license back in october, and my court date is also in october. what can i do to minimiza this or get the ticket dismissed?
Thank you for your service to our country.
The problem with the 12500(a) is that it's difficult to defend, trial-wise, if your license was in fact suspended. Although your ticket may not indicate it, you're actually at risk of being charged with a misdemeanor under 12500(a) or V.C. 14601.2(a), driving while revoked for a DUI. The second charge carries higher fines and has a minimum of 10 days jail (or alternative) that must be imposed.
That being said, there are many strategies we use to minimize the impact of these type of charges on our clients. I would suggest consulting with an attorney as soon as possible. Most of the attorneys I know, myself included, prefer to have the opportunity to deal with these matters before they get filed so that we can advocate from start to finish.
If in fact you've been charged with a 12500 and not a 14601 - that's very good! A 12500 is not "priorable" - unlike a 14601. However, a 12500 is still is misdemeanor, so any guilty plea will probably involve a grant of informal probation. When you go in for an arraignment (to answer the charges) - ask the court to continue your arraignment (or otherwise set it over) to a date in October by which time you'll have your CDL. Then, with proof of a valid CDL, either the judge or DA should either dismiss it, or reduce it to an infraction. Definitely tell the court you were deployed in the Middle East. And may the LORD bless you and keep you. Numbers 6:24. We appreciate the tremendous job you do for this country. Thank-you.
If the prosecutors charge you with V.C.14601.2 you will possibly be facing a minimum of 10 days in jail. You should consult and hire an attorney to defend you. The fact that you are in the military may work to your advantage. I would be happy to give you a free consultation over the phone or in person.
Hedding Law Firm
Personal Email - [email protected]
I agree with Mr. Hedding, the fact that you are serving our country may be of help in your case...there's no law that says if you're in the military, your sentence will be easier, but for non-violent offenses a judge may be able to give you a more lenient sentence.
For example, I had a client who had applied for the military and received his 1st DUI. The client plead to a DUI but the judge didn't give him any probation and reduced his fines to zero "in the interests of justice." So if you have a creative lawyer and a cool judge, you might be able to get a reduction.
Good luck! and thanks for defending our country :)
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