DUI - sentence enhancement??

[monicagiron177]

California

I am being charged (first offense) with a DUI and reckless driving because the officer noted a speed 60 miles over the limit. What are the chances that jail time is required? Are there other options for first timers? I'm very worried and scared of the outcome. I need advice!

[garrula lingua]

A reckless enhancement on a DUI is a MANDATORY 60 days in county jail.

Only the District Attorney/City Prosecutor can drop that enhancement (or you may be found not guilty by jury).

See what the DA is offering.

Your driving had to be atrocious for that enhancement to be charged.

What was your speed ? (?115 mph?)

[monicagiron177]

I'm assuming it's a sentence enhancement. The limit was 35 in a business district and the officer paced me at 95 late at night.

I was guilty, regardless, but what are the chances that I can be subject to probation, fines, community service, etc instead?

[garrula lingua]

23582. (a) Any person who drives a vehicle 30 or more miles per
hour over the maximum, prima facie, or posted speed limit on a
freeway, or 20 or more miles per hour over the maximum, prima facie,
or posted speed limit on any other street or highway, and in a manner
prohibited by Section 23103 during the commission of a violation of
Section 23152 or 23153 shall, in addition to the punishment
prescribed for that person upon conviction of a violation of Section
23152 or 23153, be punished by an additional and consecutive term of
60 days in the county jail.
(b) If the court grants probation or suspends the execution of
sentence, it shall require as a condition of probation or suspension
that the defendant serve 60 days in the county jail, in addition and
consecutive to any other sentence prescribed by this chapter.
(c) On a first conviction under this section, the court shall
order the driver to participate in, and successfully complete, an
alcohol or drug education and counseling program, or both an alcohol
and a drug education and counseling program. Except in unusual cases
where the interests of justice would be served, a finding making
this section applicable to a defendant shall not be stricken pursuant
to Section 1385 of the Penal Code or any other provision of law. If
the court decides not to impose the additional and consecutive term,
it shall specify on the court record the reasons for that order.
(d) The additional term provided in this section shall not be
imposed unless the facts of driving in a manner prohibited by Section
23103 and driving the vehicle 30 or more miles per hour over the
maximum, prima facie, or posted speed limit on a freeway, or 20 or
more miles per hour over the maximum, prima facie, or posted speed
limit on any other street or highway, are charged in the accusatory
pleading and admitted or found to be true by the trier of fact. A
finding of driving in that manner shall be based on facts in addition
to the fact that the defendant was driving while under the influence
of alcohol, any drug, or both, or with a specified percentage of
alcohol in the blood.


Monica, the charge was a VC 23152(a) & (b) with a special allegation of VC23582(a) which requires 60 days in county jail.

The DepDisAtty/Prosecutor is the only one who can drop the sp alleg.
If your prior Driving record is very good, you were cooperative with the cops, and show remorse, you may get a sympathetic Pros who will try to do a plea bargain with remedial things instead of jail.

Remedial would include AA meetings, The Mothers Against Drunk Drivers Victim Impact Panel class, in L.A. the Hospital and Morgue program (one day at the morgue looking at corpses, one day at the emergency room and a compostion to the Court), some kind of driver's safety classes, etc., with a lot of CalTrans (cleaning up the freeway) as punitive portion. Additionally, they will likely require that you plead on a few 'movers' (infractions - speeding, lane straddling,etc).

If you get a DDA/City Pros who won't move on the reckless (23582), inmates are currently doing from 10to 20 percent time in LA (depends upon your county as to how many days in custody 60 means). Also, some counties allow you to serve time in 'private jail' - some Cities rent out their (safer) jails for about $80 a night (needs reservations right away- there's a backlog of 'renters')

If your record is clean, and you are remorseful, you will probably get a DDA who will work with you/your atty to fashion other remedies than 60d in jail.
If you get a lazy Pros who doesn't offer a plea or offers a harsh one, suggest these alternatives.

A minimum 1st time DUI in CA is : 36 months summary probation, a fine of $390 plus penalty and assessments (this will come to about 1500) and a three month alcohol program (might be the six month prog on your facts).
Most courts tack on other punishment, (such as county jail) if there was a traffic collision, or other egregiious conduct.
What county are you in ?
In your case, it's hard to say what they'll do. Good Luck (and thank God you're alive, as are others who were on your road that night)

[Ohiogal]

At those speeds did you present your pilot's license?
And that is a serious question.

[monicagiron177]

The incident occurred in Orange County, California. I had a clean driving record until that night and have never been in trouble with the law. I work for a government agency and can't afford to lose what I have. It was out of character for me to do what I did. What happens if the DA doesn't offer anything less than jail time?

[garrula lingua]

Go to court on the date noted on your ticket - that's the 'Arraignment & Plea'.

It's your choice if you go 'in pro per' (representing yourself) or with a private atty.

It may be a good idea to go to that court before your court date.
Listen to the cases, check out the DDA, see what the offers appear to be & how the Judge appears (accepting the DDA dispos, etc).

The most helpful person (to defendants in your position) is usu the bailiff - the Dep Sheriff in the court).
Tell the bailiff why you're there - s/he knows the likely outcome and the best defense attys in the area.

You don't have to plead on the date of your A&P. You can ask if you can speak with the DDA/City Prosecutor, and represent yourself for that hearing.
Ask the DDA what are the consequences if you plead no contest to the DUI ?
Do your best to explain to the DDA your remorse, how out-of-character this was ....see what the DDA's offer is. See if you can get them to drop the 23582. They probably will, but they'll offer some other dispo which may be difficult.
You don't have to accept the DDA's offer if it's harsh - ask the Court for a continuance to seek counsel with a private atty if the dispo is not fair.
Then, hire an atty (ask the Bailiff for a good atty; ask the Bailiff if that DDA is the only one who works in that Court, sometimes there may be a more sympathetic one on a different day).
...again, ask the Bailiff questions (when they are not busy).

Were you only speeding or did you also commit other violations (lane straddling, etc.) also, what was your BAC (blood alcohol content)?
You have a right to receive the 'discovery' at the A&P. If the Clerk doesn't give you a copy of the police report & complaint, ask the Judge.
You may have a triable case regarding the DUI, which would make the DDA more aggreeable to dropping the 23582.
Good luck.

[garrula lingua]

PS: When you speak with the Prosecutor, do not speak about the facts of the case. Anything you say may be used against you at trial. Just speak in generalities re remorse, what a jerk you were, etc. - no facts & no confession.

The DDA is the only one who can drop that enhancement.
Stay pleasant, concerned & polite, even if s/he is not.

[monicagiron177]

CA - If you have a court date set where the judge could potentially sentence you (jail or home confinement), how long until it takes into affect?

[CdwJava]

Originally Posted by monicagiron177

CA - If you have a court date set where the judge could potentially sentence you (jail or home confinement), how long until it takes into affect?

Immediately. There may be a probation report that has to be approved, but things could take effect that instant.

- Carl

[garrula lingua]

Did you plead & waive time to set over Probation & Sentencing ? or, are you at pretrial stage ?

Most Judges will allow you to surrender at a later date (they usu take a 'Cruz' waiver, advising you that you can be sentenced for up to (here) six months if you fail to appear).

That allows you to be sentenced today and surrender next week (or whenever agreed).

What happened to you in court ?

Are you represented by an atty or are you rep'g yourself ?

[BigMistakeFl]

In Florida, you can be taken to jail immediately at the conclusion of the DUI trial or adjudication. Here, people often make sure a friend or relative is in court and holds his belongings, (watch, wallet, phone, keys, etc) because if jail is part of the sentence, he will not be leaving court through the front door.