QUESTION
What are the chances of me bringing the 702 form to the DA and them deciding to file the case, even more so since I got another DUI a month later?
Asked on Apr 29th, 2013 on DUI/DWI - California
More details to this question:
My first DUI was rejected but to the DMV it still looks like I got two of them. The DA has a year to refile the case. I was giving a form to bring to the DA so that instead of my license being suspended for a year, the DMV will bring it back to only four months depending the outcome of the new DMV hearing. Will they file it or should I just stick with a year suspension through the DMV and the one DUI charge?
1 ANSWER
Criminal Defense Attorney serving Oakland, CA
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This is difficult to answer, some prosecutor's will not review a file after a decision has been made whether to prosecute, or not. However, you are requesting the prosecutor to re-review the file and they may determine that they should file charges, or there may evidence that is obviously unreliable and the decision will remain unchanged. Either way, you need to carefully consider the ramifications of a new prosecution or an additional DUI case, if they file you have thought it through, if they don't then you are truly only dealing with a first offense. You may wish to schedule an appointment with a DUI lawyer to review the facts of the first case and possibly help you with the second.
Answered on May 07th, 2013 at 12:13 AM