CA DUI san diego, close one .07

[Zigner]

Have you sought help for your drinking problem?

 

[desertdragon609]

have you sought help for you lack of anything useful to say?

 

[Zigner]

have you sought help for you lack of anything useful to say?

You just don't get it, do you? Seeking help MAY help you at trial. It will DEFINITELY help keep me and my family safe if you DO get help.

 

[CdwJava]

does this case sound like it has a chance to plead down to dry and wreckless? I hear wet/wreckless is just as bad as a DUI for a first offense..no bueno.

I keep reading people ask about the "dry" reckless (CVC 23103) but I have never heard of this plea deal happening. I

t might have happened, but I have never heard of it.

The 23103.5 (wet reckless) has the same priors and similar fines and fees, but it does not generally have the same insurance consequences.

- Carl

 

[desertdragon609]

my attorney had mentioned "dry wreckless" as a plea, from my arrest report she feels I have a pretty solid case where it will be tough to prove impairment. I had 2 points on the leg stand, and 3 points on the walk and turn. and a failed HGN. The report isnt exaggerated at all which i have heard can be common..? I've heard of cases being dismissed before trial, have you ever seen that happen?

 

[CdwJava]

my attorney had mentioned "dry wreckless" as a plea, from my arrest report she feels I have a pretty solid case where it will be tough to prove impairment. I had 2 points on the leg stand, and 3 points on the walk and turn. and a failed HGN. The report isnt exaggerated at all which i have heard can be common..? I've heard of cases being dismissed before trial, have you ever seen that happen?

Then you apparently "failed" the SFST. In truth, that would be sufficient for the officer to reasonably form the opinion that you were too impaired to safely operate a motor vehicle and to make the arrest and compel a test.

If the officer is reasonably trained, then he can make the case.

And in 18 years I have never seen a DUI plead to a "dry" reckles ... but, as I said, it may have happened somewhere. I was in San Diego County for 8 years and never saw that as a plea, but times might have changed in the 7 years I have been gone.

The matter won't be "dismissed" before trial, but it can be plead out or dropped by the DA. To be dismissed would imply that a judge dismisses the matter - that's highly unlikely.



- Carl

 

[LakersFan]

Yes case will not be dismissed, but I'm guessing his case will be rejected by the DA. He has a very solid case without any impaired driving citation and BAC under .08. Only hurdle I see is PBT can be used to show declining BAC, but I'm guessing DA will not wast his resource on a case he can lose.

 

[CdwJava]

Yes case will not be dismissed, but I'm guessing his case will be rejected by the DA. He has a very solid case without any impaired driving citation and BAC under .08. Only hurdle I see is PBT can be used to show declining BAC, but I'm guessing DA will not wast his resource on a case he can lose.

Clearly, you have never been involved in a DUI case. I have. And, I have made dozens in San Diego County courts.

Now, if the case is written poorly, or the officer has a lack of training and experience, it is very likely that the case will not be pursued - or, a plea to "wet" reckless will be offered up. However, from what the OP wrote, he failed to satisfactorily complete the SFSTs since two "clues" are all that are required to opine that they were not successful, and he scored two, three, and "failed" on the three standardized tests.

I'd say that perhaps a quarter of DUI cases do not have observed bad driving ... bad driving doesn't make the case. It certainly helps, but it is not required. It is simply impairment that must be shown beyond a reasonable doubt, not bad driving. And if the driver failed the SFSTs and the officer is capable of articulating this effectively, the DA will likely make the case.

Now, things MAY have changed in San Diego County and they may no longer pursue cases under .08 ... my county does that, but my DA tends to abhor going to court. When I was in San Diego, they prosecuted DUI drivers regularly - even at .07. The lowest I made a case on was .044 in that county, so they DO (or did, 7 years ago) prosecute them.

More than likely they will offer a plea ... if not accepted, it will come down to the confidence the ADA has in him or her self, and in the officer's ability.

- Carl

 

[desertdragon609]

Now, things MAY have changed in San Diego County and they may no longer pursue cases under .08 ... my county does that, but my DA tends to abhor going to court.
- Carl

how can one find out if sandiego county hasn't been pursuing cases under .08? Will I be notified if my case is rejected...they have a year to actually file it right?

 

[CdwJava]

how can one find out if sandiego county hasn't been pursuing cases under .08? Will I be notified if my case is rejected...they have a year to actually file it right?

Yes, they have a year. However, you can always call the DA's office and ask if they will be pursing the case. If you have a court date already, you'll likely find out then.

- Carl

 

[desertdragon609]

Just talked to the DA office, turns out 1st offense in SD is under the city attorneys...and the case is still under review. Is there any advantage/disadvantage to dealing with the city attoney rather then the DA?

 

[CdwJava]

Just talked to the DA office, turns out 1st offense in SD is under the city attorneys...and the case is still under review. Is there any advantage/disadvantage to dealing with the city attoney rather then the DA?

Interesting. It looks they instituted this about the time I left the area (neighborhood prosecution for DUI).

http://www.sandiego.gov/cityattorney/

That may mean that they will more aggressively prosecute them, or, they will be very interested in offering alternatives. I can't even begin to predict how aggressively they might pursue a 23152(a) case ... it could be anywhere on the spectrum.

Your attorney should have some idea if he has prior experience with this office and DUI. You may be lucky - the DA's office used to pursue these under .08 cases with some regularity, I have no idea how the city will do it.

- Carl