Free DUI Lawyer In California

Reader’s Question:

I was told that after being arrested for DUI in Anaheim, California, I would also have a civil case. What is this civil case and what does it have to do with my arrest for DUI?

BJ

Anaheim, CA

Aside from the criminal court trial in your DUI case in California, there would also be a civil case. This would be the administrative law case and it would be heard before the Department of Motor Vehicles (DMV). The administrative hearing has something to do with your driver’s license as this hearing before a DMV officer would determine whether you can keep your driving privileges or not. You should request for this hearing with the DMV within 10 days of the arrest.

You might be confused right now and you probably don’t understand that these are separate cases. It would be possible to win the administrative case with the DMV and loose the DUI criminal court case and on the other hand, it would also be possible to win the DUI criminal case and loose the administrative case with the DMV. But at times, the evidence collected for the administrative hearing could be used to get a reduction of charges in the criminal case.

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