PD Report

[dui_dude]

What is the name of your state? CA

I got to see my PD report for my DUI arrest on PaloAlto, while driving on wrong side as I took a wrong turn while following my GPS to take a left.

It says I blew 0.081 and then 0.091 at the time of arrest around 2:55 hrs. I then blew 0.07 and 0.07 at the PD station at 3:20 hrs [Difference of 30 mins between PAS and Breath]. The PD report does mention that it was a 4 lane street with concrete pillars dividing the street. Like i had mentioned in my earlier posts as well; that once you enter the wrong lane you cant fix your error.

My 2nd hearing [after arraignment] is due next week. The PD is asking the DA to prosecute me for
1) 23152 (1)
2) 21651 (b)


what are the possible odds of the outcome ? Also typically what happens on the hearing date after the arraignment.

 

[JETX]

what are the possible odds of the outcome ?

Anything from not guilty to guilty.

Also typically what happens on the hearing date after the arraignment.

It depends entirely on the purpose for the second hearing. What did your attorney say??

 

[CdwJava]

Is this the preliminary hearing?

If so, this would simply be a hearing to determine if there is sufficient probable cause to proceed to trial.


- Carl

 

[JETX]

Is this the preliminary hearing?

If so, this would simply be a hearing to determine if there is sufficient probable cause to proceed to trial.

Carl, the OP has said that this was the SECOND hearing (which would NOT be the arraignment - "to show cause to holdover").
Until the OP explains what this particular hearing is for, we can't even hazard a guess at an answer.

 

[CdwJava]

Carl, the OP has said that this was the SECOND hearing (which would NOT be the arraignment - "to show cause to holdover").
Until the OP explains what this particular hearing is for, we can't even hazard a guess at an answer.

I understand that. Out here they are different matters.

Typically out here the first court appearance is the arraignment, and the second would be the preliminary hearing.

- Carl

 

[dui_dude]

I understand that. Out here they are different matters.

Typically out here the first court appearance is the arraignment, and the second would be the preliminary hearing.

- Carl

I believe it's the "Preliminary hearing" .... where my attorney will talk to DA and Judges. After the deal/neegotiation, he said he will call me up and recommend me if should plea bargain or not etc etc.

He however mentioned that the DA might use the argument that my BAC level fell between PAS and Breathalyzer. So, I was driving above the limit when arrested.

256 --> 0.081
258 --> 0.091

324 --> 0.07
326 --> 0.07

Basically in 30 mins I was reading 0.01 less. I found online that it falls at 0.0015/hr. So, assuming Breathalyzer is more accurate I should be reading 0.07075 in the PAS. But ofcourse the rate of drop for BAC has more variables than just time, so i really don't know.

I'll just pray and hope that it goes in my favour.

Anyways, based on your experiences what do you think "might" be the outcome.
1) Wet reckless
2) Dry reckless or
3) Wrong Side Driving

 

[CdwJava]

Actually, the drop is about .015 per hour ... but that varies greatly from person to person, and by gender, food consumption, weather, activity, etc.

The PBT used in the field is not usually as accurate. If the agency that stopped you uses the Draeger E-PAS, then it IS accurate and it would indicate that you had a falling BAC (i.e. you were higher at the time of the stop).

Typically wet reckless (23103.5 CVC) is offered up for a first offense DUI.

- Carl

 

[dui_dude]

Just heard from the lawyer.

He said they are not willing to go below a Wet Reckless due to the falling B.A.C. level.

So,
3 yrs of probation (self)
$1000 fines
12 hr of Alcohol Classes. [Can be done 2hr/week]
No Restrictions on my License from the Court at least.

He also recommended not going for trial. I was hoping for the "dry reckless" charge to avoid the classes. Anyways, I asked him to close the case. I asked him what happens from the D.M.V. point of view. He said it could be 2 points, but was not sure, and so will research and get back to me later.

what do you think about the outcome ??


Also from the DMV's point of view .... if they give me 2 points, what will it be marked as ? alcohol related ???

 

[CdwJava]

The points are not counted as "alcohol related", though the wet reckless will be priorable for future DUI trials for ten years. In other words, it counts as a DUI for future trial and sentencing purposes.

- Carl

 

[dui_dude]

The points are not counted as "alcohol related", though the wet reckless will be priorable for future DUI trials for ten years. In other words, it counts as a DUI for future trial and sentencing purposes.

- Carl

Yeah he mentioned about the 10 year thing and be away from any trouble for the next 3 yrs. Traffic rules excluded.

So, if i do get those 2 points, they will be treated like any other traffic violation ???

Also, was it a smart choice to go the bargain plea than the trial ?

 

[CdwJava]

Yeah he mentioned about the 10 year thing and be away from any trouble for the next 3 yrs. Traffic rules excluded.

So, if i do get those 2 points, they will be treated like any other traffic violation ???

Also, was it a smart choice to go the bargain plea than the trial ?

The points are all treated the same. The DMV looks back on the past 36 months worth of violations to determine your point count.

And your plea seems to be reasonable to me. The question is not so much whether any of us think it was smart, but whether you and your attorney feel it was the best move given the circumstances. However, it seems pretty standard to me for a first offense.

Now, go forth and drink and drive no more.

- Carl

 

[dui_dude]

The points are all treated the same. The DMV looks back on the past 36 months worth of violations to determine your point count.

Oh ok ... i will hope court doesn't direct DMV and if it does, hopefully my insurance doesn't find out.

And your plea seems to be reasonable to me. The question is not so much whether any of us think it was smart, but whether you and your attorney feel it was the best move given the circumstances. However, it seems pretty standard to me for a first offense.

I was "hoping" for a dry-reckless, so it will look like a traffic infraction instead of a misdemeanor for immigration purposes. But maybe the facts didn't seem in my favor for that because of the rising BAC level theory. O well it's over now.

Now, go forth and drink and drive no more.

Definitely!!! It's got more long term consequences for a foreign national.

Also, the 12 hr classes ... is there a time frame to get it done. I mean can i skip weeks. I would rather prefer to get them done in two 6hr shifts, but wanted to know just in case.

Keep up the good work on the street and on this forum!!!

Thanks for your support in the forum. I just might come back randomly for some minor questions as the court/case papers come to me from the lawyer.

 

[CdwJava]

Oh ok ... i will hope court doesn't direct DMV and if it does, hopefully my insurance doesn't find out.

The court is required to send an abstract of the convictions to the DMV. The DMV will know. Your insurance company will find out if/when they pull your reocrd.

I was hoping for a dry-reckless, so it will look like a traffic infraction instead of a misdemeanor for immigration purposes.

Well, a reckless driving offense is also a misdemeanor unless reduced, so it is the same level of criminal act as a DUI. I doubt either would effect your immigration status.

Also, the 12 hr classes ... is there a time frame to get it done. I mean can i skip weeks. I would rather prefer to get them done in two 6hr shifts, but wanted to know just in case.

Not sure. Everywhere is different.

Keep up the good work on the street and on this forum!!!

Thank you!

Good luck.

- Carl

 

[dui_dude]

The court is required to send an abstract of the convictions to the DMV. The DMV will know. Your insurance company will find out if/when they pull your reocrd.

Ok.

Also, if i get pulled over for any normal traffic reasons and the officer runs my DL through his machine, would he know of the DUI/Wet Reckless.

Well, a reckless driving offense is also a misdemeanor unless reduced, so it is the same level of criminal act as a DUI. I doubt either would effect your immigration status.

It doesn't affect, but it's a time hassle as I have been checking immigration forums. people mention delays in processing times as the embassy(I from the opposite side of the globe) needs FBI prints etc. O well I will have to live with it and hope technology gets faster.

Anyways, not sure if you would know. I know Canada does not allow DUI convicts to enter their country. Does it apply to a wet reckless charge as well ?

Also, if i decide to rent a Car for a trip from Enterprise or whoever . How would that work with the 2 point in my DL. Would he just see 2 points or a wet reckless ??

My attorney had told me that I was getting 3 yrs probation and then I checked the white court paper, it mentioned 2 years. SO i asked him about it. He replied "The agreement was originally for 3 years but at the last moment the Judge relented and allowed a two year probation as your record is so clean and the blood alcohol level was as low as it was."

If only he could have removed the Alcoholic classes and just included it in the Fines.

Final Outcome
----------------
Fine: $875
Class: $317
CarTowing: $175 (approx)
PD Car release form: $75 (approx)
Attorney: $1495
Probation: 2 years
Insurance: No Idea.
Legal/Mental Hassle: Priceless.

Just don't drive whatever be the amount you drink. Getting a Cab or Even A Hotel is way much cheaper and avoids all the unnecessary hassle.

Good luck.

- Carl

Thanks

 

[CdwJava]

Also, if i get pulled over for any normal traffic reasons and the officer runs my DL through his machine, would he know of the DUI/Wet Reckless.

Only if the officer asks for the details from the DMV record from his dispatcher, or, if he runs it on his car computer and looks for himself.

Anyways, not sure if you would know. I know Canada does not allow DUI convicts to enter their country. Does it apply to a wet reckless charge as well ?

I have no idea.

Also, if i decide to rent a Car for a trip from Enterprise or whoever . How would that work with the 2 point in my DL. Would he just see 2 points or a wet reckless ??

The rental companies don't have the ability to run your DL record to my knowledge.


- Carl