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PLEASE HELP: First time DUI, need help in understanding the judgment

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kiravel

New member
My question involves criminal law for the state of: California

Hi,

I was arrested for DUI and then my case was dismissed in the court. The court disposition mentions below details. Can someone proficient with law tell me in simple terms what does the below points mean? (In Bold). Also, my lawyer told, I was not charged and my case was dismissed in the court of law. Does the below disposition say that I am not guilty and case dismissed?

Case Filed on date ******
Complaint Filed, Declared or Sworn to charging defendant with having committed, on or about $DATE in the county of Los Angeles, the following offense(s) of: Count 01: 22348(B) VC INF

Next Scheduled Event:
Arraignment - East Los Angeles Courthouse

On ****** Case called for arraignment
Parties: Judge, Clerk, DA, Rep(defendant not present but represented by private counsel, appearing by counsel pursuant to penal code section 977 ET SEQ)
A copy of the complaint and the arrest report given to defendants counsel

Defendant waives arraignment, reading of complaint, and statement of constitutional and statutory rights
Defendant advised of and personally and explicitly waives the following rights:
-Trial by court
-Court accepts plea
-Waives time for sentence


Next Scheduled Event:
Sentencing
as to Count 01: Defendant having been duly arraigned for judgment and there being no legal cause why judgment should not be pronounced against him, the court orders the following judgment:

- Pay a fine of $$$ plus a state penalty fund assessment $$$, criminal fine surcharge $$$, court security assessment, criminal conviction assessment, emergency medical air transportation act fund, traffic school fee, citation processing fee
- Defendant to pay fine to court clerk
- Defendant shall enroll in an authorized traffic school program
- Defendant to be given 2 months to complete

Count 01: DISPOSITION: Traffic School Referral
DMV Abstract not required

Case called for proof
Count 01: Is Dismissed: Traffic School Dismissal


Next Scheduled Event:
Proceeding TERM & CLDR CANCEL
 


FlyingRon

Senior Member
Defendant waives arraignment, reading of complaint, and statement of constitutional and statutory rights
Defendant advised of and personally and explicitly waives the following rights:
-Trial by court
-Court accepts plea
-Waives time for sentence
You apparently plead guilty. The court accepts it. You also waived any time limits on further sentencing (most likely required so that they can come after you if you didn't finish the traffic school.

Sentencing
as to Count 01: Defendant having been duly arraigned for judgment and there being no legal cause why judgment should not be pronounced against him, the court orders the following judgment:
Standard boilerplate. Just states that they have no reason to sentence you at that point.

Count 01: DISPOSITION: Traffic School Referral
DMV Abstract not required
You were told to take traffic school. They don't need to tell the DMV you are eligible to be licensed at that point.

Count 01: Is Dismissed: Traffic School Dismissal
Your charges were dismissed because you took traffic school.


Proceeding TERM & CLDR CANCEL
They closed the case and you have no further appearances scheduled (CLDR=Calendar)
 

kiravel

New member
You apparently plead guilty. The court accepts it. You also waived any time limits on further sentencing (most likely required so that they can come after you if you didn't finish the traffic school.


Standard boilerplate. Just states that they have no reason to sentence you at that point.


You were told to take traffic school. They don't need to tell the DMV you are eligible to be licensed at that point.


Your charges were dismissed because you took traffic school.



They closed the case and you have no further appearances scheduled (CLDR=Calendar)
Appreciate the response Sir! Thanks so much.
 

kiravel

New member
Although FlyingRon offered you an explanation, you can always ask your own lawyer to answer any questions you have.
Thanks but I don't have the contract with my lawyer anymore. When I had called him he mentioned he is going to charge for his service if I want to re-open my file to discuss the details :(
 

Just Blue

Senior Member
Thanks but I don't have the contract with my lawyer anymore. When I had called him he mentioned he is going to charge for his service if I want to re-open my file to discuss the details :(
Well...yeah. It's standard practice to pay people for their services
 

Just Blue

Senior Member
Well..yeah. Just like it is standard practice for folks to avoid paying for services that they feel can be found elsewhere for free.
With rare exception lawyers don't give away their services to their clients. Either do accountants, doctors, dentists, uber drivers, cab drivers, welders, ice cream venders....;)
 

quincy

Senior Member
Thanks but I don't have the contract with my lawyer anymore. When I had called him he mentioned he is going to charge for his service if I want to re-open my file to discuss the details :(
The only one you can rely on for legal advice and legal analysis is an attorney licensed to practice in your own jurisdiction. You can expect to pay for the advice but how much you pay varies by attorney.

That said, you DO realize, don’t you, that what you asked about in your first post was not a DUI charge?

The Vehicle Code 22348(b) that you spoke of in your first post is a California infraction. It is not a crime.

Here is a link to the law:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22348

It said in what you quoted that VC 22348(b) was “Count 1.” Did you have a “Count 2?”
 

kiravel

New member
The only one you can rely on for legal advice and legal analysis is an attorney licensed to practice in your own jurisdiction. You can expect to pay for the advice but how much you pay varies by attorney.

That said, you DO realize, don’t you, that what you asked about in your first post was not a DUI charge?

The Vehicle Code 22348(b) that you spoke of in your first post is a California infraction. It is not a crime.

Here is a link to the law:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22348

It said in what you quoted that VC 22348(b) was “Count 1.” Did you have a “Count 2?”
Yes and I am not sure why my DUI VC isn't mentioned in the court disposition.
 

quincy

Senior Member
Yes and I am not sure why my DUI VC isn't mentioned in the court disposition.
You should ask your attorney for your case file so you can review what happened in your case. You could also get your case file from the court.

You can also do your own criminal background check on yourself - and probably should do this anyway if you are applying for jobs. Here is a link to California’s record review:
https://oag.ca.gov/fingerprints/record-review

I think you need to find out the status of Count 2.

Good luck.
 

quincy

Senior Member
The penalties for a DUI/DWI are determined by a number of factors. First, DUI attorney will go over the penalties for the number of DUI offences committed.

The Penalties for a First DUI/DWI Conviction DUI Penalties: If convicted of a DUI, the driver must pay a minimum of $250 in fines. DUI is a Class 1 misdemeanour, and you can be fined up to $2,500 for it.

Suspension of Your Driver's License: If you are charged with a DUI offence, your licence will be administratively suspended for seven days. If you are convicted, your licence will be suspended for one year. The court may grant you a restricted licence at its discretion, and you should consult with an attorney to determine whether you qualify for one and what restrictions you may face.

Additional DWI Penalties: In addition to the aforementioned penalties, you will be required to participate in an Alcohol Safety Action Program (ASAP). Furthermore, for a minimum of six months, you may be required to have an ignition interlock device (IID) installed on any vehicle you own or operate. Finally, a DUI conviction could stay on your record indefinitely.

Contact to your lawyer and finding the way to get out.
It helps to read not only the date of a thread (this thread is from October 2020) but also the previous posts in the thread. Spouting off irrelevant facts is of little benefit to a poster if the poster’s legal issue has already been resolved.
 

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