California Criminal Defense Attorney – Dry-Reckless Plea

A DUI / DWI lawyer will try to get DUI charges reduced whenever possible. If the charge is felony drunk driving, an attorney might seek a reduced charge of misdemeanor driving under the influence. When the charge is a misdemeanor driving while intoxicated, a lawyer will attempt to find a compromise that will result in lesser charges such a wet-reckless or a dry-reckless.

A California DUI / DWI attorney knows that sometimes it is better to accept a plea bargain than to go to trial in drunk driving cases. The plea negotiations in a drunk driving case will often depend on the strength of the prosecution’s case. A weak case may result in an offer that may be too good to turn down.

In cases involving driving under the influence or driving while intoxicated, the driver will often be offered the chance to accept a plea bargain. A California criminal defense attorney can advise the driver on whether or not to accept a deal. Often it is the DUI / DWI lawyer who negotiates a deal with the prosecution. The prosecution’s negotiations will differ depending on the strength of the case. The lower their chances of winning at trial, the higher the chances are that they will offer a compromise to the driver. The compromise generally involves the driver pleading to a reduced charge.

A dry-reckless is a non-alcohol related offense and it is generally wise to accept it when the prosecution makes the offer. As a non-alcohol related offense, the punishments for a dry-reckless in California is significantly less than the punishment imposed for a wet-reckless or a D.U.I. A criminal defense lawyer will often consider pleading to a dry-reckless as a very favorable result to a DUI / DWI charge.

A dry-reckless carries probation and minor fines. Furthermore, a dry-reckless does not count as a prior DUI in California. Compared to the punishment for a driving under the influence conviction, a dry-reckless is easy street. Depending on the case, alcohol education classes may be required. However, there will be neither suspension of the driver’s license nor any requirement to file formal proofs of insurance (SR-22 form) so long as the driver is successful at the DMV hearing.

A dry-reckless will typically be offered when a driver’s BAC was .08 percent or less. If a dry-reckless is offered by the prosecutor, it may not be worth it to the driver to go to trial even if their BAC was very low. A dry-reckless is a misdemeanor that carries very little in the way of fine and punishment.

Whether or not a driver should accept a plea depends on the specific facts of each case. A California DUI / DWI attorney can be of assistance in negotiating a reasonable compromise with the prosecution. A plea bargain is a generally a deal that criminal defense attorney and prosecutor will come to after assessing the relative strengths and weaknesses of their respective cases.

California Prosecutor’s Closing Argument

Once both the defense lawyer and the prosecutor have presented their cases in a California DUI / DWI trial, each attorney gives closing arguments. Closing arguments are both sides’ final opportunity to persuade the jury to accept their arguments. A knowledgeable drunk driving defense attorney from The Kavinoky Law Firm will use closing arguments to highlight the fact that the prosecutor hasn’t proved the case beyond a reasonable doubt. The prosecutor usually uses his or her closing argument to summarize evidence that he or she believes points to the driver’s guilt.

The prosecutor has the burden of proving the defendant’s guilt, so he or she is allowed to go first in closing arguments. Once the defense attorney completes closing arguments, the prosecutor is given the last word in what is called rebuttal.

The prosecutor is charged with the burden of proving every single element of a driving under the influence case beyond a reasonable doubt. Smart prosecutors try to minimize this burden to the jury, or even imply that the defendant must prove his or her innocence. Although jurors are specifically instructed that this is untrue, they sometimes forget this instruction during the prosecutor’s smooth closing argument. This is why it’s critical for the defense lawyer to remind jurors during closing arguments who has the burden of proof.

During closing arguments, the prosecutor usually reviews his or her entire case, focusing on items that indicate the defendant’s guilt. The prosecutor might show jurors the driver’s booking photo and describe the physical signs of intoxication. The prosecutor will then review the testimony of each witness. Finally, the prosecutor will ask the jury to deliver a guilty verdict.

Once the prosecutor has finished delivering his or her closing arguments, the defense lawyer gives the closing argument for the defense. A skilled California criminal defense attorney from The Kavinoky Law Firm will deliver an effective closing argument designed to remind the jury that the prosecutor hasn’t met the burden of proof in the drunk driving case.

Alcohol Education Programs in Modoc County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Modoc County, California:

Modoc County DDP
(Service Provided: First Offender, 18 Month)
441 North Main Street,
Alturas, California 96101
Phone: 530-233-6319; Fax: 530-233-5311

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Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

California Vehicle Code VC 13352.3 – Minor: Revocation of Driving Privilege

13352.3. (a) Notwithstanding any other provision of law, except subdivisions (b), (c), and (d) of Section 13352 and Sections 13367 and 23521, the department immediately shall revoke the privilege of any person to operate a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person was convicted of a violation of Section 23152 or 23153 while under 18 years of age, or upon receipt of a report of a judge of the juvenile court, a juvenile hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153.

(b) The term of the revocation shall be until the person reaches 18 years of age, for one year, or for the period prescribed for restriction, suspension, or revocation specified in subdivision (a) of Section 13352, whichever is longer. The privilege may not be reinstated until the person gives proof of financial responsibility as defined in Section 16430.

Amended Sec. 3.2, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 83, Ch. 149, Stats. 2003. Effective January 1, 2004.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
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California Vehicle Code VC 13357 – Action Required for Auto Theft

13357. Upon the recommendation of the court the department shall suspend or revoke the privilege to operate a motor vehicle of any person who has been found guilty of a violation of Section 10851.

Added Ch. 1110, Stats. 1967. Effective November 8, 1967.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 13371 – Denial, Suspension, or Revocation: Request and Scope of Hearing

13371. This section applies to schoolbus, school pupil activity bus, youth bus, general public paratransit vehicle certificates, and a certificate for a vehicle used for the transportation of developmentally disabled persons.

(a) Any driver or applicant who has received a notice of ( )1 refusal, suspension, or revocation, may, within 15 days ( )2 after the mailing date, submit to the department a written request for a hearing. Failure to demand a hearing within 15 days is a waiver of the right to a hearing.

(1) Upon receipt by the department of the hearing request, the department may stay the action until a hearing is conducted and the final decision has been rendered by the Certificate Action Review Board pursuant to paragraph (2) of subdivision (d). The department shall not stay an action when there is reasonable cause to believe the stay would pose a significant risk to the safety of pupils being transported in a schoolbus, school pupil activity bus, youth bus, or persons being transported in a general public paratransit vehicle.

(2) An applicant or driver is not entitled to a hearing whenever the action by the department is made mandatory by this ( )3 article or any other applicable law or regulation except where the cause for ( )1 refusal is based on failure to meet medical standards or excessive and habitual use of or addiction to alcoholic beverages, narcotics, or dangerous drugs.

(b) The department shall appoint a hearing officer to conduct the hearing in accordance with Section 14112. After the hearing, the hearing officer shall prepare and submit findings and recommendations to the department.

(c) The department shall mail, as specified in Section 22, a copy of the hearing officer’s findings and recommendations to the driver or applicant and to the driver or applicant’s hearing representative, either of whom may file a statement of exception to the findings and recommendations within 24 days after the mailing date.

(d) (1) The Certificate Action Review Board consists of the following three members: a chairperson appointed by the director of the department, a member appointed by the Commissioner of the California Highway Patrol, and a member appointed by the Superintendent of Public Instruction.

(2) After a hearing, the board shall review the findings and recommendations of the hearing officer, and any statement of exception, and make a decision concerning disposition of the action taken by the department, which decision shall be final. At this stage, no evidence shall be heard that was not presented at the hearing, unless the person wishing to present the new evidence establishes, to the satisfaction of the board, that it could not have been obtained with due diligence prior to the hearing.

Amended Sec. 60, Ch. 877, Stats. 1998. Effective January 1, 1999.
Amended Sec. 3, Ch. 66, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

1. "denial"
2. "of"
3. "Article"

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23578 – Excessive Blood Alcohol or Refusal to Take Chemical Testing: Enhanced Penalties

23578. In addition to any other provision of this code, if ( )1 a person is convicted of a violation of Section 23152 or 23153, the court shall consider a concentration of alcohol in the person’s blood of ( )2 0.15 percent or more, by weight, or the refusal of the person to take a chemical test, as a special factor( )3 that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.

Added Sec. 84, Ch. 118, Stats. 1998. Effective January 1, 1999. Operative July 1, 1999.
Amended Sec. 1, Ch. 89, Stats. 2005. Effective January 1, 2006.
The 2005 amendment added the italicized material, and at the point(s) indicated, deleted the following:

1. "any"
2. "0.20"
3. "which"

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

Although many driving under the influence defendants face the prospect of fines and jail time, some convicted drunk drivers are eligible for alternative sentencing. One sentence alternative that is generally available is community service. An experienced California DUI / DWI defense lawyer from the Kavinoky Law Firm can determine whether a driver may be eligible for community service.

Community service requires an individual to work – without pay – for a civic or nonprofit organization. Performing community service has many benefits –to taxpayers, by reducing the burden on overcrowded jails, and to DUI offenders themselves. The defendant is allowed to continue living at home while contributing to a good cause.

There are many creative possibilities in performing community service. DUI drivers in particular professions – plumbers, electricians, carpenters, dentists, doctors, etc. – can donate their skills to social service agencies. Other individuals can find service opportunities at organizations such as the Red Cross, the Salvation Army, YMCA, local animal shelters, or other charitable organizations that need volunteers.

Community service will allow the DUI offender to get good time/work time custody credits for every hour spent contributing to a community service program. These hours will be applied to the amount of time that would have otherwise been spent in jail.

Alternative sentencing such as community service can be a viable option for DUI / DWI drivers who wish to avoid jail. A California attorney experienced in defending drunk driving cases can evaluate each case to determine whether alternative sentencing is an option to jail.

California Vehicle Code VC 23550.5 – Penalties: Conviction Within 10 Years of Prior DUI Conviction

23550.5. (a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following:

1. A prior violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both.
2. A prior violation of Section 23153 that was punished as a felony.
3. A prior violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.

(b) Every person who, having previously been convicted of a violation of Section 191.5 of the Penal Code or a felony violation of paragraph (3) of subdivision (c) of Section 192 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).

(c) The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department under paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked under that provision. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

(d) Any person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.

Amended Sec. 14, Ch. 706, Stats. 1999. Effective October 10, 1999.
Amended Sec. 1, Ch. 849, Stats. 2001. Effective January 1, 2002.
Amended Sec. 26, Ch. 545, Stats. 2002. Effective January 1, 2003.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.

California Vehicle Code VC 23224 – Possession of Alcohol in Vehicle: Person Under 21

23224. (a) No person under the age of 21 years shall knowingly drive any motor vehicle carrying any alcoholic beverage, unless the person is accompanied by a parent, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and is driving the motor vehicle during regular hours and in the course of the person’s employment. If the driver was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative, or adult designee relating to disposition of the alcoholic beverage.

(b) No passenger in any motor vehicle who is under the age of 21 years shall knowingly possess or have under that person’s control any alcoholic beverage, unless the passenger is accompanied by a parent, legal guardian, responsible adult relative, any other adult designated by the parent, or legal guardian for the purpose of transportation of an alcoholic beverage, or is employed by a licensee under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), and possession or control is during regular hours and in the course of the passenger’s employment. If the passenger was unaccompanied, he or she shall have a complete defense if he or she was following, in a timely manner, the reasonable instructions of his or her parent, legal guardian, responsible adult relative or adult designee relating to disposition of the alcoholic beverage.

(c) If the vehicle used in any violation of subdivision (a) or (b) is registered to an offender who is under the age of 21 years, the vehicle may be impounded at the owner’s expense for not less than one day nor more than 30 days for each violation.

(d) Any person under 21 years of age convicted of a violation of this section is subject to Section 13202.5.

(e) Any person convicted for a violation of subdivision (a) or (b) is guilty of a misdemeanor and shall be punished upon conviction by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.

Amended Ch. 1697, Stats. 1990. Effective January 1, 1991.
Amended Sec. 1, Ch. 690, Stats. 1996. Effective January 1, 1997.

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Note: Laws change frequently and thus the information provided should not be relied upon as legal advice. To be certain, contact a criminal defense attorney for a legal assistance.
www.NoCuffs.com is not liable for any misinformation that users obtain from using this site.