QUESTION

Why won’t they give me a misdemeanor with injury instead of a felony for a first time offense?

Asked on Oct 26th, 2016 on DUI/DWI - California
More details to this question:
I got a DUI and somebody got injured. I've never been in trouble in my life and never been arrested in my life ever. This will be my first offense. I went to court and I've been going to court for the last 7 months now. They have changed the DA 3 times. They keep pushing back the court dates because the new District attorney needs to review the case. I am not saying that I didn't make a mistake as man I admit yes I made the mistake. I hit the curb and my car swerved and hit her. But because I was driving under the influence, they blamed that. The lady lied and said she has a broken bones in her back. I knew that was a lie. But they tried to give me a GBI enhancement but once they got the medical records back, they found out there was no GBI. No broken bones according to her doctor. I knew that because the impact was not hard enough to cause great bodily injury. I just want to know why they won’t give me a misdemeanor with injury. My PD keeps coming to me with offers and deals which doesn’t make sense. I’m not educated in the law department but I’m not incompetent either I have done my research. She won’t ask for a misdemeanor. I feel she’s working with the DA. Why are they trying to give me a felony and it's my first time. I have no criminal history at all and I just want to go and do my classes so I can get back to my livelihood. I have to take care of my family. I work every day, been at my job for two and a half years. I don't get in trouble. I just made a mistake. Should I ask for a speedy trial? I am 25 years old and I really need some closure and advice.
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2 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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DUI's involving injuries are always classified and filed as felonies. The GBI will have to be proven at trial and the medical reports will determine whether or not the woman has broken bones.
Answered on Nov 29th, 2016 at 3:35 AM

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You should consider hiring a DUI specialist to take over. Your current PD keeps waving time and appears to be doing no investigations and is probably unwilling/unable to proceed to trial. You get what you pay for.
Answered on Nov 29th, 2016 at 3:35 AM

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