DUI In California

Reader’s Question:

Will the judge be upset with me if I hire a DWI lawyer and fight the DWI charges instead of pleading guilty?

Ray

San Diego CA

Thank you for asking Ray.

The California constitution prohibits punishing you for asserting your right to a trial. Despite the constitution, small number of judges do threaten more harsh penalties later for not pleading guilty early. This tactic often works with less experienced lawyers. Other lawyers can call the judge’s bluff, outsmart him or her, or arrange for a different judge to handle the DWI case.

Those judges handling misdemeanors are extremely puffed up with their own importance. The meanest of these judges are often those that have been stuck forever handling traffic tickets and misdemeanors, because their colleagues recognize their intellectual limitations. In addition to that a huge ego with incompetence, and you have a person who replaces hard knowledge with bluster and intimidation. A best lawyer you can get in California is armed with a solid background in the law, and a willingness to challenge this type of judge can often prevail over even the worst of them. After all, isn’t that what you hire the best California DWI lawyer for?

MariCAR

Reader’s Question:

What possible reasons for my DWI case in California be dismissed?

Paul

San Francisco CA

Thank you for asking Paul.

Dismissal of all DWI charges is a procedure when the defendant plea bargains for a reduced charge, such as alcohol related reckless driving, also known as “wet reckless”. If this happens, all drunk driving charges are dismissed and the client pleads guilty to the freshly added lesser charge.

If a DWI attorney claims that drunk driving charges have often been dismissed for his or her clients, ask if those clients were convicted of anything else instead. A wet reckless for first offenders offense is nearly as bad as a drunk driving offense. This counts as a prior offense if you’re arrested again later, and much of the penalty is the same as for drunk driving. Car Insurance companies know what it is, and will increase premiums accordingly, you will be in assigned risk category. It can still be a good deal for some clients, especially those who already have prior offenses on their driving records. This is because there’s no increased penalty for reckless driving based upon previous convictions of drunk driving. However, you don’t hire a good lawyer to get a wet reckless for a first offense, at least not when you have a good case.

MariCAR

A drunk driving conviction isn’t something you can come out of easily, which is why it needs to be taken seriously, and part of that taking it seriously includes hiring a California DUI lawyer. Even if you think you can handle your case by yourself to save some money, CA DUI law is actually very complicated, and depending on several different aspects in your case everything could change. Here are some ways a California DUI lawyer could lend you a hand.

• A lawyer can organize everything you need and take care of filling out all of your paperwork and filing it with the right authorities. They can keep your schedule on time and make sure you have court on the right date’s, keep track of your fees, and so on.
• A lawyer can help you understand the situation you have landed yourself in. They can walk you through DUI law and explain how it relates to your particular circumstances. They can also help you get the consequences which you may face if they are unsuccessful.
• A lawyer can be your representation in front of the judge. They know the ins and outs of the court system and DUI law from their experience, and will know the best angle to argue your case from.

Although a California DWI lawyer can be helpful in many ways, there are times when you must hire one and then there are times when you may have more options. I’m going to present you with several scenarios that you can consider when making your decision about whether or not to hire an attorney.

If you match the following criteria, you absolutely must hire a California DWI lawyer.

• You should absolutely hire a lawyer if this is the third DWI you have gotten, or if you have gotten more than that. Although punishment is already worse on a second DWI, by the third it starts getting especially severe and you will have a difficult time getting the sentence reduced.
• You need a lawyer if part of your job requires you to drive and thus you will not be able to earn a living if your driver’s license is suspended or revoked. It’s possible for the lawyer to win you a restricted license.
• While you were driving under the influence, you got into a car accident, and someone was injured or killed.

Even so, sometimes you just can’t get a lawyer, and that’s understandable. While in some cases this spells very bad news for you, in other cases it does not mean that all is lost. If your offense is pretty small time in terms of DUI charges, then you may have a very good chance of winning if you represent yourself. Still, anyone considering going it alone should consult with a lawyer first. Consultations are usually free.

You may be able to go without a California DWI attorney if you meet at least one of the following criteria.

• You find the California DUI laws complicated and need help understanding them and how they apply to your case.
• This is your first DUI offense.
• You need help understanding what consequences you may suffer if found guilty of driving under the influence.
• Your job requires bonding.
• You are working on a degree for a job or a professional license which you will not be able to get if there is a criminal conviction on your permanent record.