First offense DUI with TC

[ShenDuHBK]

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

My names Bryan, I'm 22, was arrested in Westwood, Los Angeles, I dozzed off on the wheel for a sec and crashed into a parked car, nobody was injured/present besides myself. This was about 2am. I was arrested when the police came by and I blew a 0.14 on the breath test. I was supposed to be freed at 10am but I spent 3 days in jail because they said the Justice Department couldn't verify my prints or whatever, so I stayed until the legal max.

Its my first offense, first-anything with the law, I have a completely clean record. My ticket has a misdemeanor DUI with TC charge (traffic collision). My court date is the this month on the 26th. I have absolutely no money for an attorney.

I got drunk at a local bar near UCLA, I don't drink and I drank a lot (0.14 BAC) and I crashed into another car and caused damage - and I don't know the size of damage yet - I just know the car was on its side after I hit it (I have a small car and I must have hit it at the only angle where my car would get under it and turn it on its side). I already know I'll have my licsense suspended for 4 months min, probably 1 year.

Do I get to speak with a public defender before my arrainment? How much trouble will I find trying to plea for a wet wreckless charge? How about avoiding jail time? The rest of the penalties I can live with, I am just scared about avoiding jail time.

Any help would be greatly appreciated, thank you.
- Bryan

 

[CdwJava]

My names Bryan, I'm 22, was arrested in Westwood, Los Angeles, I dozzed off on the wheel for a sec and crashed into a parked car, nobody was injured/present besides myself. This was about 2am. I was arrested when the police came by and I blew a 0.14 on the breath test. I was supposed to be freed at 10am but I spent 3 days in jail because they said the Justice Department couldn't verify my prints or whatever, so I stayed until the legal max.

You stayed until they were able to verify your identity in some way.

Its my first offense, first-anything with the law, I have a completely clean record. My ticket has a misdemeanor DUI with TC charge (traffic collision). My court date is the this month on the 26th. I have absolutely no money for an attorney.

If you are unable to afford an attorney the court will appoint one for you on or about the date of your arraignment.

Do I get to speak with a public defender before my arrainment?

Maybe. I am not sure how it works specifically in L.A. County, but very often you will be either given time at the arraignment to speak with a public defender, or a plea of "not guilty" will be entered to give you time to make those arrangements.

How much trouble will I find trying to plea for a wet wreckless charge?

That depends on the DA. Many prosecutors won't plea to a wet reckless if the BAC is above .10 or thereabouts. Your attorney (when you get one) should be able to advise you.

How about avoiding jail time? The rest of the penalties I can live with, I am just scared about avoiding jail time.

48 hours is mandatory, though I believe (but am not certain) that the time can be waived by the judge.

 

[ShenDuHBK]

Thank you for your reply, really appreciated.

Say I get jail time, does the time I spent extra while they verified my prints count at all - like time served?

 

[CdwJava]

Thank you for your reply, really appreciated.

Say I get jail time, does the time I spent extra while they verified my prints count at all - like time served?

I am not certain, but I believe it can be credited to you. However, it might not be because it may be viewed as temporary time for processing as opposed to housing ... hmm ...

That's a good question and one that I have never inquired with the jail about! I will have to give them a call tomorrow and ask.

 

[garrula lingua]

L.A. counts a 'day served' as up to midnight (so, if you were arrested at 10pm and released at 8am, they will usually give you credit for two days served). Usually, at sentencing, the Deputy Dist Atty will allow that time to be credited toward the sentence, as long as the PD/Defense Attorney requests that. If the Court sentences you to 2 days jail, and you served four days, you get two days credit towards your fines (that's only about 30. per day).

You shouldn't get any additonal jail time, unless the DDA sees something unusual in the case (mouthing off, or causing problems for the victim, the cops or emergency people, attitude problem in court; priors which were reduced).
Remember - the DDA doesn't have to offer a plea bargain - s/he can just say: plead to the Judge or go to trial (both are usually much worse for you, than a plea bargain).

I doubt if you'll get any reduction; you blew a .14 and had a TC.
Instead of a reduction, you're likely going to get an enhancement. I always added extra time and Caltrans for people who had TCs, and you'll probably have to do extra time on the alcohol program ...
Prepare to pay a lot more money for insurance; your Judge/DDA may require an ignition interlock device on any vehicle to which you have access (except employer's).

Expect a restitution hearing regarding the loss to the person whose car you totaled - the Court can order you to pay the entire amount of damage to the victim as a condition of your probation.

At your arraignment, you will fill out a financial form (the bailiff will usually give you the form when you tell him/her that you want a Public Defender). You have to qualify, then you are assigned a PD who may, or may not, have time to speak with you & the DDA. Usually, the PD will appear with you at arraignment, you'll plead Not Guilty and the case will be reset.

Nothing you have said refers to a defense of the charges.
Without a defense, the PD is just going to ask the DDA what the offer is, and possibly try to negotiate it lower.
If there's time on the day of the arraignment, then you may be able to enter a final plea, waive your right to a delay in sentencing, and be sentenced.
You may have to come back for a restitution hearing, if the DDA requests. Also, the DDA or Judge may request that you appear in six months to report on your progress with the alcohol program, community service and fines.

Save up all your money for fines, extra insurance costs, costs of the alcohol program and misc.

You will probably be put on probation for three years (36 mos).
The Court has six months of jail time over your head (with credit for the few days you served).
If there is any probation violation, the Court can impose the six months jail sentence - you have very little argument room and there's a lower standard of proof on Prob Violations. You must stay SQUEAKY CLEAN after you're sentenced.
Follow DMV's instructions regarding the suspension of your driver's license and the reissuance.

 

[CdwJava]

Wow! I need to remember to link this reply for future inquiries!

Thanks, Garrula!

 

[ShenDuHBK]

My insurance expired at midnight because I forgot to send in the payment and the accident happened at 1:30am, so I already know I'm pretty screwed there. I'll have to be taken to court by the insurance company/owner of vehicle.

I shouldn't get any additional jail time then because the officer said I was extremely cooperative and that he would put that in his report (hopefully he does/did?).

I can live with all the fines and alcohol classes - the only thing I was worried about was extra jail time. I am worried about Caltrans though because I can't afford to miss any more school, I'm on a full schedule with classes and research at UCLA and I just can't miss any time. If Caltrans is added on, is it possible to do only on weekends?

I made a stupid mistake and I accept that I have to pay for it but do you think there's a way to soften the sentencing? I have never been in trouble with the law, I have no priors, no anything, I'm a full time college student, it was just one bad night...

 

[Isis1]

I hate to do this but here goes.

Dude. You just wrote my story. Except I ran into three parked cars, bruised my ribs, and broke two fingers.

You will have a chance to speak to the prosecutor prior to the hearing. Caltrans doesn't run on weekends. But I remember giving the option of volunteer time. So look into that. Chances of you getting a wet wreckless? Dude. You wrecked. No. You will be ordered to maintain your insurance and provide proof of payment. Now, this is what I did since I failed to do the volunteer or the Caltrans. I took the jailtime. I was originally sentenced 15 days. Prosecutor told me I'd be out in a day. Judge let me turn myself in the following Friday, I was out Sat @12pm. But it will cost you another arrest on your record. The Caltrans you will have one year to complete. You can get it done. Especially on school breaks.

 

[ShenDuHBK]

I ruined the front end of my car and my car was a small cheap car, paying to fix it would've cost me more than the car was worth, so I signed the title over to the towing company and I was able to reduce the fee from the original tow as well. I paid somewhere around $150-ish instead of $380, which is what it would've cost to get the car out of their lot that day. Would I still have to maintain insurance coverage if I don't have a car anymore?

So you didn't have to do any Caltrans, just the day in jail? How does that arrest look on your record? As in legally

 

[FlyingRon]

Chances of you getting a wet wreckless? Dude. You wrecked.

I suppose you're trying to be funny, but the word is "RECKLESS" not "WRECKLESS." You can be reckless and cause a wreck.

 

[ShenDuHBK]

So I had court today and the initial charges were going to be the A and B violation, $390 fine (which turns into 2,000 with taxes), 3 months alcohol classes, 3 years probation, and 23 days of Caltrans/graffiti removal/beach clean up (13 mandatory + 10 for traffic collision), 8 hours of volunteering at a hospital and morgue.

The PD was able to get the A charge dismissed, reduced the 10 extra work days to 5 days, got me 3 days of credit for the community work from the 2 days spent in jail, and got the 8 hrs of hospital/morgue taken off.

So my final plea was 3 years summer probation, 3 months alcohol classes, 15 days of work. It's either do the 15 days of work or 15 days of jail or pay $2,000. I pretty much got the minimum punishment which I'm thankful for.

P.S.

Oh and the DMV suspended my license for either 4 or 6 months, I have to check. I think it's 6 months though. I can apply for a restricted license tomorrow though.

 

[CdwJava]

As a note, it was really no difficulty to get the (a) subsection dismissed as you cannot generally be convicted of both, anyway. (Though I suppose it might be possible if you tested positive for drugs, were visibly impaired and also came back with a BAC of .08+, but that would be rare.)

Sounds like you got the pretty standard fare for a first offense DUI conviction. And is that $390 including fees and assessments? Or, is that the BASE fine BEFORE all the fees and assessments? It'll be closer to $1,000 I would think after all is added in. If the total amount is the $390, I think you got real lucky.

With luck you will never drive after drinking again. Good luck.

 

[InsaneJane]

Well, I hope you learn something out of all this.
When ever you end up drinking too much for whatever reason, whether it be a year from now or 10 years from now: Don't get behind the wheel. That last accident could have just as easily had killed you or someone else.

Good luck.

 

[ShenDuHBK]

It was $390 before the fines and taxes/etc, the PD said it gets quadrupled and the court fees are around 500-ish, so 2 grand total. If the total amount was $390 I'd just pay it and do no work but yea, 2 grand.

I got lucky with the sentence and I won't do it again, but this will still haunt me around until my probation is over and I get it expunged. I am applying to med school in 1.5 years, 2 years top from now and I'll have to explain it, which puts me at an immediate disadvantage, some schools can't look past the conviction and some can...but we'll see. Thank you everyone for all your help.