Does The Outcome Of The DMV Case Have Any Impact On The Criminal Case?
The outcome of the DMV case generally doesn’t have an impact on the criminal case. Although when we do win the DMV hearing, it oftentimes bolsters our argument with the prosecutor of the weakness of the prosecutor’s case depending upon why we were successful at the DMV. Sometimes a police officer testifies at a DMV hearing and the testimony that the officer gives at the DMV hearing is absolutely and totally inconsistent with and opposite to the statements that are contained in the police report. The hearing itself could oftentimes help the court proceeding and the results sometimes can.
The other way around is if a person’s license has been suspended but the charge with driving under the influence or driving with a 0.08 or greater and the person goes to trial and is found not guilty of driving with a 0.08 or greater, the license suspension will be set aside. There is just a provision in the law that allows the DMV to set aside a suspension for a person who is acquitted from driving on a 0.08 or greater.
Can Someone Practically Handle The DMV Hearing On Their Own?
A person does not have the experience to handle their case either with the DMV or in court and throwing themselves on the mercy of the court or the mercy of the DMV is a tragic error. At the DMV, it’s either you win or you lose. In court, there are all kinds of different possibilities and different scenarios for a successful resolution in a DUI case. A layperson with no experience in this area will have no idea what’s in his or her best interests. That’s why it is so important that they hire very good DUI lawyers like us to help them get the best possible result.
What Is The Ignition Interlock Device? Does California State Law Ever Require Those In DUI Cases?
The Ignition Interlock Device or commonly known as the IID are required for everybody convicted of DUI misdemeanors and for certain DUI felonies but in the following 4 counties, Alameda, LA, Sacramento and Tulare Counties. It’s a pilot project but eventually this will move statewide and everybody in the state of California will be required when convicted of DUI, even first offense DUIs will be required to put in an ignition interlock device in their car.
What Are The Potential Sentences Associated With A DUI Conviction In California?
Sentencing for DUI varies from county to county and sometimes even within particular counties. Some counties on a first offense will impose jail time, other counties will not impose jail time. That pretty much is the big difference in between counties. So it depends on where you are arrested as to whether or not you are potentially looking at going to jail or not going to jail. Some people think that it’s not fair and other people think that everybody should be treated equally but in reality, that’s just not the case. So where you are arrested can determine what the sentences are.
In some counties there is no jail whereas in other counties they want 10 days in jail on a first time offense without any aggravating factors.
Can Sentences Be Potentially Enhanced Or Aggravated By Certain Factors?
There are many factors that could enhance even a first offense DUI. When we say enhanced, that means greater potential penalties or punishments with jail time or more jail time with other sanctions that the court can impose such as AA meetings, visiting the hospital and morgue as well as different levels of alcohol programs. Some of those factors include a 0.15 result and now we are talking about alcohol cases, a 0.20, a child or children in the car, an accident, an accident with an injury, an accident without an injury, accidents with multiple vehicles, accident with multiple people injured or speeding. In California currently, with 20 miles an hour over the speed limit off the freeway and 30 miles an hour on the freeway over the speed limit could land you in jail for at least 60 days.
Obviously, prior DUI cases, prior DUI convictions and arrests for that matter could also enhance a potential punishment in a DUI case. Right now, a DUI will stay on your record for 10 years in California. It used to be 5 years and then 7 years and now its 10 years and they keep trying to make it lifetime and virtually, in my judgement it will go to lifetime. If somebody has been convicted of DUI 20 years ago picks up another DUI 10 years from now, that’s 30 years apart, that next arrest could possibly be your second if and when the state of California changes it to a lifetime. For that matter, a driver who has a commercial license, right now if you have a first offense DUI with a commercial license, you could lose your commercial license for one year and your regular driver’s license for four months.
However, if you have a commercial license and you pick up a second DUI within 10 years of the first offense even if you weren’t convicted because you could be arrested but not charged and the DMV proceeding would proceed. If a commercial license is being suspended as a result of being arrested for DUI and within 10 years the person picks up another one, the person is looking at a lifetime ban of their commercial license. I’m talking about when a commercial driver is arrested for DUI when they are not driving a commercial vehicle.
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