QUESTION

What is the best thing to do about my 3rd DUI?

Asked on Dec 18th, 2012 on DUI/DWI - California
More details to this question:
I was arrested with my 1st 7/2003, 2nd 7/2005 and my 3rd 6/2012. My attorney that I am going through called me and I went in for the first time she advise what they are offering. 365 Days Jail. 3yrs interlock. 3 years probation. They are not offering work program or anything. I feel they did not do anything to help me out. A public def would have problem get me something better results. Can you advise what I can do? I did not sign any court paper work, she stated she will try getting me in DUI court, can I be a permanent resident and do DUI court? All DUI's in Orange County CA, my last BAC was .21%. Can I ask for a public def sense I already wasted money on this attorney? I work full time, been going to about dozen or more AA classes, nothing else on my record. I am a permanent resident.
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4 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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What is the best thing to do? Not to have driven and been arrested. Now, you get to defend the charges as best you can, and negotiate the best plea bargain you can, or roll the dice and go to trial. Since you already have an attorney, and only that attorney knows all the facts and evidence, I suggest you listen to the advice you get. You can ask the court to appoint a Public Defender if you qualify financially, but having already hired private counsel shows you can afford to do that.
Answered on Dec 21st, 2012 at 12:51 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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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. Your BAC (0.21) is excessive and probably triggered enhancements on your sentence. The plea you were offered is within the range of a 3rd time DUI. If this is being charged as a felony, you could be looking at 1 to 3 years if you take it to trial. If you are unhappy with your present attorney, I 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 case. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 21st, 2012 at 12:09 AM

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Drivers License Suspension Attorney serving Redlands, CA at Law Offices of Matthew Murillo
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The District Attorney is not required to offer a County Jail alternative sentence. Your attorney is in the best position to know what your strengths and weaknesses are of the case and whether Trial is a good idea. In a Criminal Court (Yes, DUI's are considered criminal offenses), Citizenship status has nothing to do with rights or alternative sentences, etc. If your attorney did any sort of investigation, then trust that they will use any good information as leverage is negotiations with the DA. If you don't trust your attorney, perhaps you should think about hiring a different one. Regardless of cost or experience, the number one thing someone should consider when hiring a lawyer is whether they feel comfortable with them. Since, most people can only afford to "hire" one, this is a critical decision to make. As for a Public Defender, it is impossible to know whether a public defender would have obtained the same result. There is no way to know whether that offer was obtained after bringing all the favorable details in your case, to light. Good luck!
Answered on Dec 20th, 2012 at 4:21 AM

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You may be facing the reality of having 3 dui's and a high blood alcohol in Orange County. Not knowing the DA they may feel that your prior 2 visits did not give you the message to stop drinking and driving.
Answered on Dec 19th, 2012 at 2:21 PM

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