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  1. #1
    Join Date
    Oct 2020
    Posts
    6

    Default PLEASE HELP: First Time Dui, Query About the Outcome

    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 dismissied?

    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

  2. #2
    Join Date
    Oct 2016
    Posts
    4,298

    Default Re: First Time Dui, Query About the Outcome

    Try as I might I can't find a question in there.

  3. #3
    Join Date
    Oct 2020
    Posts
    6

    Default Re: First Time Dui, Query About the Outcome

    Thanks for your response. Below is my question. I pasted the output of my court disposition for better understanding.

    "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?"

  4. #4
    Join Date
    Jul 2010
    Posts
    7,991

    Default Re: First Time Dui, Query About the Outcome

    Based on what you posted, it appears you were found guilty or perhaps plead nolo contendre (whatever Ohio's equivalent is) but that if you complete traffic school within 2 months the case will be dismissed.
    I am the Mouse Man

  5. #5
    Join Date
    Oct 2020
    Posts
    6

    Default Re: First Time Dui, Query About the Outcome

    Thanks so much for your prompt response.

    So does this mean I am convicted? Since I was told by my attorney that the case is dismissed, and only arrest record would show up for you, but no conviction

  6. #6
    Join Date
    Sep 2020
    Posts
    157

    Default Re: First Time Dui, Query About the Outcome

    Quote Quoting Kiravel
    View Post
    Thanks so much for your prompt response.

    So does this mean I am convicted? Since I was told by my attorney that the case is dismissed, and only arrest record would show up for you, but no conviction
    What is it that leads you to not trust your attorney?

  7. #7
    Join Date
    Oct 2020
    Posts
    6

    Default Re: First Time Dui, Query About the Outcome

    I'm sorry if the question came through like that. I do trust my attorney, I'm just trying to understand what the disposition means.

    Since sometimes you can get convicted and have the case dismissed later.

    The reason I want to know this is because I applied for an employment, and they have a questionnaire which asks "Have you ever been convicted".

    I just want to be truthful, I know I was arrested, but not sure if I was convicted and then dismissed Or if my case was dismissed directly as per the court disposition mentioned above.

    Sorry for the confusion earlier.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,873

    Default Re: First Time Dui, Query About the Outcome

    Quote Quoting free9man
    View Post
    Based on what you posted, it appears you were found guilty or perhaps plead nolo contendre (whatever Ohio's equivalent is) but that if you complete traffic school within 2 months the case will be dismissed.
    What does Ohio have to do with this?

    Quote Quoting Kiravel
    View Post

    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 plead guilty at trial. The court accepted it. You waived further speedy trial rights.

    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. The court is just pointing out that they have no reason not to sentence you.

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

    Case called for proof
    Count 01: Is Dismissed: Traffic School Dismissal
    They told you to go to traffic school. They do not (at that time) need to tell the DMV that you are eligible for reinstatement. They checked your case to see if you did take traffic school (apparently you did), and dismissed the charge.


    Next Scheduled Event:
    Proceeding TERM & CLDR CANCEL
    They closed the case and cancelled any future appearances (CLDR = CALENDAR).

  9. #9
    Join Date
    Jul 2010
    Posts
    7,991

    Default Re: First Time Dui, Query About the Outcome

    Quote Quoting flyingron
    View Post
    What does Ohio have to do with this?
    Ugh. Absolutely nothing. Not sure where I got OH from. Brain fart. It happens to us old people.
    I am the Mouse Man

  10. #10
    Join Date
    Mar 2013
    Posts
    18,256

    Default Re: First Time Dui, Query About the Outcome

    I don't know what "dismissed" means in this context. But what I see is that you pled guilty, paid a fine, and went to traffic school. That's "convicted" no matter how you spin it and I find it hard to believe that the conviction wouldn't be easily accessible to your employer, your insurance company and the DMV. Don't rely on the docket entries as they often don't tell the whole story of what appears in the case file. I suggest you visit the courthouse, read your case file and see what the actual documents say.

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