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
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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.
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