I just got another letter from DA's office

[softvirgo]

What is the name of your state? California

They have written my charges as 23152(A)/F1, 23152(B), 23540, 23578.

I don't understand the charge 23152(A)/F1. dioes that means its a felony.I dont know how come though it was second dui but there was nobody hurt in that accident.

Please help

 

[garrula lingua]

CA vehicle code:23540.
(a) If a person is convicted of a violation of Section 23152
and the offense occurred within 10 years of a separate violation of
Section 23103, as specified in Section 23103.5, 23152, or 23153, that
resulted in a conviction, that person shall be punished by
imprisonment in the county jail for not less than 90 days nor more
than one year and by a fine of not less than three hundred ninety
dollars ($390) nor more than one thousand dollars ($1,000). The
person's privilege to operate a motor vehicle shall be suspended by
the department pursuant to paragraph (3) of subdivision (a) of
Section 13352. The court shall require the person to surrender the
driver's license to the court in accordance with Section 13550.
(b) Whenever, when considering the circumstances taken as a whole,
the court determines that the person punished under this section
would present a traffic safety or public safety risk if authorized to
operate a motor vehicle during the period of suspension imposed
under paragraph (3) of subdivision (a) of Section 13352, the court
may disallow the issuance of a restricted driver's license required
under Section 13352.5.
(c) This section shall become operative on September 20, 2005.


VC 23578 is an enhancement; it requires additional penalties/alcohol program length for a blood alcohol level of .15 or higher (effective 9/21/05 - it was .20 or higher)

Second-time DUI is a misdemeanor. The F1 is the form number used from the charging manual; I wouldn't worry about that (it's a clerical notation only).

When you say "there was nobody hurt in that accident", do you mean you were involved in collisons in both DUIs ? And your BAC in this one is .15 or higher ?

If anyone was injured in the collison, you can be charged with VC 23153 (a) & (b) as felonies (usually reserved for serious injuries).

For 23152(a) and (b), the fourth DUI in CA is a felony. The first, second and third are misdemeanors.


Why is the DA's Office writing you ? Are you referring to the complaint which was filed ?
Have you appeared in court ?

 

[softvirgo]

the first dui was

just plain DUi which was reduced to wet reckless and there was no license suspension as I got helmandollar. I was only charged with 23152(a).

In second Dui I hit a telephone poll nobody was hurt I was alone in the car. Yes they said my BAC was .24 after blood test. Actually after accident they took me to hospital no injuries but they just want to make sure.

Yeah yesterday i got letter from them that thses charges are filed agains me and this is your court date and you need to appear.

Sir I know I made a very very bad choice this time but this incident has changed my life 100%. My professional , financila and personal life is at stake. According to your experience what can you think of my punishments.I know the maximum could be 1 year in jail but I just want to continue my job. i know even with good attorney it would be hard to get a good deal from DA but can you auggest something. How many days they normally give to spend in county jail. How can it be changed to sheriff labor detail.

Please help sir, I justr want to continue my job.

 

[garrula lingua]

I would appear in court as requested.

The sentence is up to the Judge & DA.

If I were you, I would begin AA meetings ASAP.

Have your atty push for CalTrans (cleaning up the freeway, making those orange pumpkin bags) in lieu of extended jail time.

 

[softvirgo]

I have already started for

AA meeting and have almost attended 12 meetings and will go for more till my court date.

Yeah this is true that it all upto the judge and DA but I just want to continue my job. next month is my arraignment date , i will talk to my attorney before that and will find different options which can be done in lieu of extended jjail time. but do u think that some jail time would be manadatory .

Like 96 hrs or 10 days. can jail time be also changed to sheriff labor details.

It happened is Placer county.

 

[softvirgo]

Hello Sir any more advices

along with AA meetings. what more can I do to reduce the intensity of punishments. I know I am in a very horrible situation.

I just want to reduce jail time or if it is possible avoid it by substituting it with other penalities. I will talk to my attorney for caltrans as u suggested in last post . they r waiting for DA's discovery. Along with cal trans what more options I would be having.

Is there any possibility of doing this on weekends like if judge gave me 10 days can i do it on 5 weekends.

Please suggest or let me know different options which I can discuss with my attorney. I have read some posts week back where a guy was not informed by his attorney for DA's offer and now DA was hitting hard on him. I don't want to be like that. Please give me ideas from your experiences.

regards

 

[seniorjudge]

along with AA meetings. what more can I do to reduce the intensity of punishments. I know I am in a very horrible situation.

I just want to reduce jail time or if it is possible avoid it by substituting it with other penalities. I will talk to my attorney for caltrans as u suggested in last post . they r waiting for DA's discovery. Along with cal trans what more options I would be having.

Is there any possibility of doing this on weekends like if judge gave me 10 days can i do it on 5 weekends.

Please suggest or let me know different options which I can discuss with my attorney. I have read some posts week back where a guy was not informed by his attorney for DA's offer and now DA was hitting hard on him. I don't want to be like that. Please give me ideas from your experiences.

regards

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[softvirgo]

Sir you was right

I just got a call from my attorney and he said that F1 stands for some form. As I am a lot worried about my future and everything I asked him what he thinks could be done.

He said that as per his experience and based on my situation he can just give me an idea nothing is in real as nobody knows what judge and da's offer would be on arraignment date.

But he said that along with all other ounishments it would be like 30-35 days jail out which 96 hrs would be manadatory and the rest would be on sheriff labor or trash picking.

He also told me to send him copies of my bus pass, aa classess which would be around more than 30 before arraignment date and hospital bills which i need to pay more than 15000 $ . according to him these things would be helpful in reducing my sentence.

what do you guys think that he is saving my ass or taking it as easy come easy go option. Do you think that these are the default options for second time dui offender or he is trying to cut a deal with DA.

Please let me know as per your experiences.?

 

[softvirgo]

any suggestions

advices, experiences or critics.

Please help

 

[seniorjudge]

advices, experiences or critics.

Please help

He said that as per his experience and based on my situation he can just give me an idea nothing is in real as nobody knows what judge and da's offer would be on arraignment date.


I agree with your lawyer.

 

[garrula lingua]

I also agree with your lawyer.

 

[softvirgo]

thanks everybody who

responded back.

One last question and I would be done. My case is in Placer county what are the ususal punishments been given by the judges in placer county for second dui. Or any other county in CA for second DUI.

Yesterday my license has already been suspended for 1 year. So bad luck has started already. I just want to be prepared .

Any lawyer, attorney, cop or somebody who has gone through this horrible circumstances please let me know what could be my possible punishment.One more thing I have heard that for alternate sentencing judge can only say you can apply and after that you need to go to probation department and fill an application and they will let you know whethere you are eligible or not.

Like most of the people I have spouse and small kids so even if I am going to jail I just want to manage my finances in advance so that they should not have any problem after me. I am the only earning person in my family right now.

I just need to get an idea that how much days or months I would be facing and also how difficult it is to change that to Sheriff Work Program or Work release or Work Furlough. My court date is in second week of june and I am scared to death and not able to perform well at my office.

Please suggest as per your experiences.

Thanks!!!!!!!!!!!!!!!!!!!