Dui 2nd Offense California

Posted in dui by admin on April 8, 2008 No Comments yet

Dui 2nd Offense California

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What can I expect at court for a DUI? Ventura County, Ca.?

What can I expect at court for a DUI?
I just got a DUI on Valentine's Day last month, and on Monday I got to go to court and see a judge. Can anyone give me any advice on what I might have to do? This is in the state of California, and this is my first offense. I have no other priors or anything. Overall I am a good person. Never got in trouble with the cops or anything before. I have been driving for about 11 years now, and until 2 months ago I got a driving while talking on a cell phone ticket, and 1 month later I get poped! with a DUI... Dam!

How does the public defender thing work? Do I have to get one before the court date or on the court date?

Any advice, or suggestions???

I have a clean driving record until that DUI!!!

You'll get your public defender when you report to court. All your going to do the first day is talk to the public defender and let him know what happened. They'll set another court date about 30 days later for arraignment - this is where you enter a plea. Your lawyer will have you plead "not guilty" and try to plea bargain with the prosecutor, so another court date will be set for pretrial. At some point your lawyer will advise you to take a deal - more than likely you won't go to trial.

One of the most important aspects of a DUI case is whether you submitted to chemical testing. If you did, there's strong evidence against you. If you didn't, the prosecutor will have a hard time proving without a reasonable doubt, so you could get off the DUI conviction, but the DMV will probably suspend your license anyway. If you didn't submit to chemical testing and you're going to fight it, expect a long drawn out case that could take months and a lot of money to resolve.

If you accept a plea deal and plead "guilty" or "no contest:"

1. Expect to lose your license for at least 3 months.
2. You'll be going to a 3 month DUI education program which will expect you to attend 9 or 10 AA meetings.
3. Pay $1,000 fine.
4. Possible 5 days of Caltrans (picking up trash on the roads.)

The good news is, your automatic 10 day jail time will be suspended. This is no small matter, your current driving record doesn't matter. Expect to go to court one day a month for the next 3 months....maybe even four at the least.

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