2nd DUI (no injurys) Felony??

[Ciamak1020]

What is the name of your state (only U.S. law)? CA - Riverside County

My husband got pulled over on his way home on night. He was arrested for DUI and held in jail over night. He blew a .11. Back in 1998 he got a DUI w/ bodily injuries (2 felonies and 1 strike). He did time, completed probation and classes. He goes for his arraignment Feb. 23. My question is that when I look at the charges being brought against him they are showing
Arrest Charges
1 VC 23152(A) F Driving Under the Influence 11/23/2008
Filed Charges
1 VC 23152(A) F Driving Under the Influence 11/23/2008
2 VC 23152(B) F Driving Under the Influence BAC .08 or Higher 11/23/2008
Other Charges
999 VC P23153(B) M Prior DUI 11/23/2008

Why are they trying to charge him with a felony and why is his prior showing a misdemeanor? Do you think that it's a misprint? What are we looking at when we go to court on Monday? Thanks for any advice. We really don't have any money for a lawyer.What is the name of your state (only U.S. law)?

 

[FlyingRon]

The "Other Charge" is purely for reference and it really doesn't matter how it is coded.

The prior felony opens him up to the possibility of this one being treated as a felony.

 

[Ciamak1020]

Lower charges?

Do you think we could argue it down to a misdemeanor? Like I said before he didn't do anything wrong besides having 1 to many drinks. They pulled him over because his windows were tinted but then didn't even site him for that. He was very corruptive with the CHP.

 

[BigMistakeFl]

Having "1 to <sic> many drinks" and driving is what a 2nd DUI felony is about.

I hope that he was actually cooperative with the CHP.

(Beat you to it this time, Ron!)

 

[Ciamak1020]

Sorry, that would be coorporative. If he had been corruptive he would still be in jail I'm sure. If they do charge him with a felony, does anyone know what he could be up against?

 

[HomeGuru]

Sorry, that would be coorporative. If he had been corruptive he would still be in jail I'm sure. If they do charge him with a felony, does anyone know what he could be up against?

**A: what is his record like? Does he have any criminal priors?

 

[Ciamak1020]

No, just traffic tickets and the prior DUI like I stated before.

 

[CdwJava]

This is odd ... CVC 23152(a) and (b) are misdemeanors ... I am wondering if the "F" designation does not necessarily indicate "Felony" but, instead, something else.

The second offense should also be punished as a misdemeanor:

23540. (a) If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153, that
resulted in a conviction, that person shall be punished by
imprisonment in the county jail for not less than 90 days nor 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). The
person's privilege to operate a motor vehicle shall be suspended by
the department pursuant to paragraph (3) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
(b) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
(c) This section shall become operative on September 20, 2005.​

If he has not done so already, he needs to obtain legal counsel.

- Carl

 

[Ciamak1020]

I'm sorry if this sounds stupid but how does he go about obtaining legal counsel? Is that done before he shows up for his arraignment?

 

[FlyingRon]

That Yellow Book over by the phone is full of them.'

 

[HomeGuru]

I'm sorry if this sounds stupid but how does he go about obtaining legal counsel? Is that done before he shows up for his arraignment?

**A: he needs to see one now way before the hearing and the attorney needs to repare for his case.