QUESTION

Received a third DUI in OC, CA 1 1/2 weeks before my 10 years for my 1st DUI was up can this favor me somehow?

Asked on Nov 27th, 2012 on DUI/DWI - California
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Received a third DUI in OC, CA 1 1/2 weeks before the 10 years for my first DUI was up? Can this favor me somehow if I hire an attorney to try fighting? What can they do for me? P.S. my second was 7 years ago, no other record on file for me.
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4 ANSWERS

Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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Odds are they will still file this case as a third. There are certain mandatory minimums that must be imposed, but given that it was just inside the 10 years, there may be a way for your lawyer to get an alternative sentence and have this case treated more like a second offense. The priors should be inspected to make sure they are valid priors too. In the mean time pending court, you may want to discuss with your attorney ways to get you in a better position for the best outcome by doing things now (rehab, AA meetings, etc) before your first court date. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard. Please pardon any typos - posted via mobile device.
Answered on Nov 29th, 2012 at 9:27 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Possibly, however, your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What was your BAC on the last DUI. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 29th, 2012 at 8:57 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You can argue the ten year rule doesn't apply unless you have a conviction within ten years of the prior conviction. The normal time to get to court makes it unlikely you can be convicted quickly enough for that to apply. You still have your 2nd one within the ten years, so you will be charged with at least 2nd in ten, if not 3rd in ten. You face potential mandatory jail time either way, and the DA and judge will take into account your entire record during plea bargaining, or sentencing if you lose at trial. You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Effective plea-bargaining could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Nov 29th, 2012 at 8:07 PM

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Hard to tell without facts about the current DUI, but it is at least a sympathy argument to get the lowest possible punishment.
Answered on Nov 29th, 2012 at 8:01 PM

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