Take the Plea or Not?

[Big Fate]

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

Ok, so here’s the deal.
With the great advice I have read thru here before appearing @ Arraignment, I decided to appear on my own hoping that this "thing" would be dropped. But of course it wasn’t, instead prosecution decided to offer a plea w/out attorney present.

Here’s my situation:

2 counts:

1) Driving on a suspended licence
2) DUI

DA has offered me a plea of removing the Suspended license charge and dropping the DUI to a "Wet Reckless" which is not exactly what I was hoping for, but not a bad deal.
My question to you is, should I take the deal, hire an attorney or fight this thing on my own?

Just a little brief back round to get a better idea on the case, I was pulled over for Speeding (15mph over) by CHP, passed all FST except for Breathalyzer blowing a .08, then at the station blew a .07 which from I read they go off the stations results. No indications of swerving into lanes or anything of that matter and as far as Suspended license goes I was not notified by DMV which even the CHP admitted he seen in his system.

I believe a good lawyer can get this dropped or possibly Dry Reckless but I hear those don't really come around that often any more. Hearing a brief description of what my case in tells, do you think it’s in my best interest to take the plea or hire an attorney?

 

[CdwJava]

First off, almost everyone thinks they passed the FSTs. Unless the officer states this in the report, you will find that you did not do so. What the officer saw were clues that indicated impairment in (likely) two or more of the tests, including the final one - the PBT - where you blew a .08.

Yes, the station's .07 will be what they go off. More than likely the plea offer will be for a WET reckless pursuant to 23103.5. However, some counties will plea down to a "dry" reckless per 23103 ... maybe. After reading the reports a local attorney can give you some idea of the local practice and the likelihood of the DA even filing

 

[Big Fate]

First off, almost everyone thinks they passed the FSTs. Unless the officer states this in the report, you will find that you did not do so. What the officer saw were clues that indicated impairment in (likely) two or more of the tests, including the final one - the PBT - where you blew a .08.

Yes, the station's .07 will be what they go off. More than likely the plea offer will be for a WET reckless pursuant to 23103.5. However, some counties will plea down to a "dry" reckless per 23103 ... maybe. After reading the reports a local attorney can give you some idea of the local practice and the likelihood of the DA even filing

Thanks for responding, but I don’t think you read my post thoroughly. I've already attended my arraignment, the plea WAS for WET 23101.5. and the DA has filled. My question is should I take the deal or shall I hire an attorney?

 

[CdwJava]

Thanks for responding, but I don’t think you read my post thoroughly. The plea WAS for WET 23101.5. and the DA has filled. My question is should I take the deal or shall I hire an attorney?

No, I read it, I was just affirming that this is the common offer. You opined about the possibility of a DRY reckless, and those are rare.

No one can reasonably tell you what you should do. But, it is almost NEVER a good idea to take a plea without consulting with an attorney who can tell you what the ramifications might be for such a plea.

 

[StevenJ_420Law]

There are a lot of people who pay good money for an attorney to secure that deal for them.

I think you need to talk to a good dui attorney. In my opinion a dui attorney could probably go as far as a regular reckless or better if the DA is offering that out of the gate.

But.. if you cant afford that, like a say, that deal is what attorneys get paid to get.

 

[Big Fate]

What if I went in an opposite direction as the DA and said look lets drop the DUI/WET and proceed with the 1st count: Driving on a suspended license? Do you think she would be willing to do so?

 

[woodykas]

What if I went in an opposite direction as the DA and said look lets drop the DUI/WET and proceed with the 1st count: Driving on a suspended license? Do you think she would be willing to do so?

It is very unlikely.