Dui/speeding/no proof of insurance in Riverside, CA

[jambo19]

Riverside,CA 5/15/09 -2:54 A.M.

I was driving from Riverside to Irvine going 102Mph (according to the officer) and got pulled over. I was ticketed for having consumed alcohol, speeding, and no insurance. I'm wondering how much my fines may be and what other charges may be set upon me. My father has a valid insurance at the time and at the time I was pulled over, the insurance slip was not in there. Wondering if I can bring the valid insurance card to my Court date and show proof of insurance.

My violations are :
23136(a)vc - Infraction ( I blew a .029 and I am 19yrs Old )
22348(b)vc - Infraction
16028(a)vc - Infraction

[FlyingRon]

You show the proof of insurance to the clerk of the court prior to your court date and get it dismissed.

You were lucky it's only a 23136 violation. Should be worth only about $300.
The 100+ is going to be cost more. Kiss your license good bye for a while.

[jambo19]

Thanks for your reply & answer FlyingRon. Can you give me an Estimate on how long my license will be suspended for? Will I be able to drive to school and to work?

[FlyingRon]

Without priors, you should be able to get a "hardship" license to drive for school/work right away. You need to request the judge give you the order stating that you are eligible and then go jump through what ever hoops the DMV wants.

[gabrieldorman]

Hold On ...this is potentially real trouble for you. While you were amazingly cited with infractions, if the DA in Riverside gets a hold of this one ...they can actually charge you with misdemeanor DUI pursuant to 23152 as 23136 does not bar prosecution for DUI under 23152.

23136. (a) Notwithstanding Sections 23152 and 23153, it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle.However, this section shall not be a bar to prosecution under Section 23152 or 23153 or any other provision of law.

Also ...the speed enhancement is a real problem for you ...over 100 mph with a DUI requires a mandatory 60 days of jail pursuant to vehicle code 23582

Not to mention the fact that you are under 21 and there is a zero tolerance policy.

As for the license ...you are looking at a 1 year suspension.

I would suggest immediately contacting an experienced DUI defense attorney.

If you would like to speak with me in detail about your matter you are welcome to call me.

I hope this was helpful.

Gabriel Dorman

[CdwJava]

Gabriel, I cannot imagine that the Riverside County DA is going to file 23152 for a field test of .029. Unless the kid performed FSTs and tanked, that's not going to happen. Is it a possibility? Sure. Is it in the realm of realistic probability? I doubt it.

The suspension and a big fine are almost certainly in his future absent some miracle such as a court ruling the officer lacked reasonable suspicion for the stop. But, at 100+ even if the officer is incorrect and it's "only" 90 or so, that's still good cause.

- Carl

[gabrieldorman]

Carl ...I can see Riverside County DA doing this. I have a many years of experience dealing/handling cases in Riverside. Riverside is an incredibly strict/difficult jurisdiction that will routinely prosecute DUI cases with BAC's below the legal limit for adults. You add up the BAC, the excessive speed, under 21 ...it's not pretty!

At the very least, there is nothing wrong with advising him of the possibility. While the the best thing for him may very well be to walk into court and plea to the infractions and close the case out ASAP ...he should certainly be aware that this could potentially get much worse for him and, therefore, should seek advise of counsel.

[CdwJava]

I am not opposed to people being informed, but since the officers did not form the opinion of the driver being DUI I just cannot imagine the DA suddenly taking up that ball and running with it. There would be reasonable doubt built into that case y the officer's actions (or inaction) alone.

The lowest alcohol DUI BAC I have seen prosecuted in my nearly 18 years on the job was .034 (one of my arrests), but that guy was really unable to handle his liquor and there was no drugs found on board, either. Plus, I booked him for the 23152(a).

Like I said, it's possible (in theory), but not realistically probable at all. But, certainly he should consult an attorney.

- Carl

[jambo19]

Sorry as I have been busy with work and family matters that I have not been able to attend to this forum. Thank you all for your inputs. Gabriel, I would gladly like to talk to you about this matter. Concerning the ticket, a few of my friends said I should recieve a notice in the mail regarding my court date. It has been nearly three weeks and I have recieved no notice, with the posibility that the officer did not file the report, what should happen if I present my self at court with a court ticket with it having no record of being submitted? Again I have never been pulled over, this is my first offence after the age of 18, so I am unaware of how much an attorney may cost. Is there anyone here able to give me a free consultation regarding this matter?

[CdwJava]

Do not rely on getting a courtesy notice - that is an option and not a requirement. be sure to appear in court at the time and date indicated on the citation. If, when you attend court, they have no record of the citation then you should get some proof that you attended court (and obtain the name of the clerk that you spoke with) so that if anything should happen later on you can show proof that you attended court as commanded.

- Carl