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

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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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