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  1. #1
    Xtremely Gr8ful is offline Junior Member
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    Arrow Can someone please clarify court term 4 me?

    What is the name of your state (only U.S. law)?
    California

    I kept praying and with God all things all possible.

    I went to my 2nd court date today. I plead not guilty at my first court appearance. The prosecutor had said that I was driving on the wrong side of the road when i wasn't. My pd read the file and no where in the report did it say I was driving on the wrong side of the road. She said he was an "idiot."

    Today she said the judge offered this (not verbatim): That as long as I did not have any other incident or occurrence within the next 6 months and attended 16hrs of Driver Education Alcohol Program that in 6 months they would review my fulfillment and DISMISS my case. She called it a "Plea on hold" when she first mentioned it to me, then the paperwork said, if I'm not mistaken, "Plea in advance". When I told her that the paperwork didn't state that it would be dismissed if I completed the requirements, she said that "that is what plea in advance means". I tried to look it up, but found "plea in abeyance" instead.

    1. Question: Are all these pleas the same? Does this plea mean that if I obey all requirements that my case will be dismissed?
    2. Question: Once I fulfill my requirements, how do I get this expunged from my record or is it even on my record since it's going to be dismissed?
    3. Question: How do I begin the process of trying to get my license re-instated by the DMV in the meantime?

    Thank you all who take heart in answering my questions seriously and to the best of their ability. I am extremely grateful!


    Some comforting passages that have helped me through this stressful time. I never gave up on praying. I prayed that God would be merciful and forgive me and if it be his will that my case be dismissed. I asked for a chance to prove that I had learned my lesson and I truly feel he answered my prayers!

    "Jesus said to him, "If you can believe, all things are possible to him who believes." -Mark 9:23

    But Jesus looked at them and said to them, "With men this is impossible, but with God all things are possible." -Mathew 19:26

    "Ask, and it will be given to you; seek, and you will find; knock, and it will be opened to you. For everyone who asks receives, and he who seeks finds, and to him who knocks it will be opened. Or what man is there among you who, if his son asks for bread, will give him a stone? Or if he asks for a fish, will he give him a serpent? If you then, being evil, know how to give good gifts to your children, how much more will your Father who is in heaven give good things to those who ask Him!" -Mathew 7:7-11
  2. #2
    FlyingRon is online now Senior Member
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    Are you sure that it wasn't "plea in abeyance?"
    Plea in abeyance is essentially what you describe, the case is put on hold pending some conditions (usually a period of probation) to be dismissed if you meet the conditions otherwise brought back to the court for action.
  3. #3
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    Quote Originally Posted by Xtremely Gr8ful View Post
    What is the name of your state (only U.S. law)?


    Today she said the judge offered this (not verbatim): That as long as I did not have any other incident or occurrence within the next 6 months and attended 16hrs of Driver Education Alcohol Program that in 6 months they would review my fulfillment and DISMISS my case. She called it a "Plea on hold" when she first mentioned it to me, then the paperwork said, if I'm not mistaken, "Plea in advance". When I told her that the paperwork didn't state that it would be dismissed if I completed the requirements, she said that "that is what plea in advance means". I tried to look it up, but found "plea in abeyance" instead.
    This is DA and/or Court deferred sentencing. This is fairly rare in my area, so it seems to me you might be getting a break. The offer you describe is not the plea, it is likely the offer to get your plea.

    In a deferred sentencing, usually you plead guilty and the judge would likely set another court date (for you 6 mo. out) for a Review/Dismissal type hearing. If you are a good boy, the case will be dismissed. You would not need to expunge that, it is already dismissed.

    It is delaying sentencing - until there is a sentencing, there is no conviction.

    If you screw up, you would be ordered to show cause why you shouldnt be sentenced.. and an end result of likely being sentenced.


    Why is your license suspended?
    What were you charged with?
    How Old Are you?
  4. #4
    Xtremely Gr8ful is offline Junior Member
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    Question

    Quote Originally Posted by FlyingRon View Post
    Are you sure that it wasn't "plea in abeyance?"
    Plea in abeyance is essentially what you describe, the case is put on hold pending some conditions (usually a period of probation) to be dismissed if you meet the conditions otherwise brought back to the court for action.
    Yes, I think that's exactly what it is. Before I agreed, I asked her if the case would be dismissed if I fulfilled the conditions and she said yes. New problem of course: I've been inquiring around and they ordered me to do 16 hours of a Driver Education Alcohol program and there's only a 12 hour or 3 month class AND they won't let me sign up for it because they say I can only sign up if convicted of a dui. I told them that, that is exactly what i was trying to avoid (a conviction) and that is why I need to sign up for the classes that my judge ordered in the plea in abeyance.

    Any suggestions of what I can do? My return court date is 2-16-11, but I want to take care of this as soon as possible.
    Last edited by Xtremely Gr8ful; 08-21-2010 at 12:25 PM.
  5. #5
    Xtremely Gr8ful is offline Junior Member
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    Quote Originally Posted by StevenJ_420Law View Post
    If you are a good boy, the case will be dismissed.

    Why is your license suspended?
    What were you charged with?
    How Old Are you?
    I had received a temporary license of 30 days because I opted for a blood test. I asked the officer if there was anything I needed to do and he said (paraphrasing), "No, the DMV will receive information of the DUI arrest." The temporary license was set to expire a day after my initial court date, so i thought that they were tied together. My court date was changed so the day before my license expired I talked with the DMV and they said it was too late, that i was supposed to set up a DMV hearing within 10 days of the incident. So basically now for lack of better words, i'm screwed.

    Not technically convicted yet, because the case is on hold pending the plea in abeyance. But otherwise charged with a DUI (violation of 23152A, and 23152B). This is my 1st offense and last hopefully. I'm old enough to learn my lesson from this, 35yrs old.
  6. #6
    ajkroy is offline Member
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    Quote Originally Posted by Xtremely Gr8ful View Post
    I had received a temporary license of 30 days because I opted for a blood test. I asked the officer if there was anything I needed to do and he said (paraphrasing), "No, the DMV will receive information of the DUI arrest." The temporary license was set to expire a day after my initial court date, so i thought that they were tied together. My court date was changed so the day before my license expired I talked with the DMV and they said it was too late, that i was supposed to set up a DMV hearing within 10 days of the incident. So basically now for lack of better words, i'm screwed.

    Not technically convicted yet, because the case is on hold pending the plea in abeyance. But otherwise charged with a DUI (violation of 23152A, and 23152B). This is my 1st offense and last hopefully. I'm old enough to learn my lesson from this, 35yrs old.
    Does this mean you refused a breathalyzer?
  7. #7
    CdwJava is offline Senior Member
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    Quote Originally Posted by ajkroy View Post
    Does this mean you refused a breathalyzer?
    Probably not. In CA a suspect arrested for suspicion of DUI has a choice of breath or blood. He apparently opted for blood.

    He was apparently charged for both DUI sections: VC 23152(a) (driving while impaired on drugs and/or alcohol) and 23152(b) (driving with a BAC of .08 or greater). The license was suspended due to a reasonable belief by the officer that the BAC would be at or above .08. The OP failed to make their DMV appointment within the first 10 days after the arrest as instructed on the back of the DS 367 he was provided, so his license has been suspended.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  8. #8
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    Quote Originally Posted by Xtremely Gr8ful View Post
    I had received a temporary license of 30 days because I opted for a blood test. I asked the officer if there was anything I needed to do and he said (paraphrasing), "No, the DMV will receive information of the DUI arrest." The temporary license was set to expire a day after my initial court date, so i thought that they were tied together. My court date was changed so the day before my license expired I talked with the DMV and they said it was too late, that i was supposed to set up a DMV hearing within 10 days of the incident So basically now for lack of better words, i'm screwed.

    Not technically convicted yet, because the case is on hold pending the plea in abeyance. But otherwise charged with a DUI (violation of 23152A, and 23152B). This is my 1st offense and last hopefully. I'm old enough to learn my lesson from this, 35yrs old.
    I have no reason to think your case is going to be different than any other. Either your BA was low and its potentially something other than a DUI.. or low enough for a lawyer to help you with a wet reckless or you are going to plea to either or both and be sentenced on either 23152a or b and you'll get a big $1700 fine a program and 3-5 years conditional sentence, will be a prior for 10 years and the DMV is going to torture the hell out of you..

    I'm not sure what terms they are tossing around or you thought you heard but I think you are going to get hit with a regular ole DUI like everyone else who gets popped in CA after drinking. Why anything else?. A special county DUI DA diversion program as a routine or even extraordinary?... no way. Not in CA of today. I'd need to see that with my own eyes to believe it. There is no one out marching on behalf of DUIers.
    Last edited by StevenJ_420Law; 08-21-2010 at 04:17 PM.

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