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  1. #11
    Join Date
    Sep 2020
    Posts
    178

    Default Re: First Time Dui, Query About the Outcome

    Quote Quoting adjusterjack
    View Post
    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.
    I disagree that the OP was "convicted". The OP was offered a Deferred Entry of Judgment. After pleading guilty, the OP was given certain tasks to perform and, after successful completion of those tasks, the charge was dismissed.

  2. #12
    Join Date
    Sep 2010
    Posts
    19,891

    Default Re: First Time Dui, Query About the Outcome

    I can guess that COUNT 1 was not DUI, but rather a so-called "wet" reckless as part of the plea deal. This allowed him to get the dismissal under PC 1203.4.

  3. #13
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: First Time Dui, Query About the Outcome

    Quote Quoting flyingron
    View Post
    I can guess that COUNT 1 was not DUI, but rather a so-called "wet" reckless as part of the plea deal. This allowed him to get the dismissal under PC 1203.4.
    According to the OP

    Count 01: 22348(B) VC INF


    https://leginfo.legislature.ca.gov/f...ctionNum=22348

  4. #14
    Join Date
    Oct 2020
    Posts
    6

    Default Re: First Time Dui, Query About the Outcome

    Thanks so much flyingron for the detailed response. Appreciate it.

    Quote Quoting adjusterjack
    View Post
    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.
    Somehow my insurance company doesn't see my DUI. I'll visit the courthouse to read the case file to get more details. Thanks for the suggestion.

    Quote Quoting flyingron
    View Post
    I can guess that COUNT 1 was not DUI, but rather a so-called "wet" reckless as part of the plea deal. This allowed him to get the dismissal under PC 1203.4.
    If my disposition mentions 22348(B) VC INF, then I'm confused why it doesn't show the DUI related details in the disposition.

    The traffic ticket I received from the cop shows 23152 a vc MISD DUI.

  5. #15
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: First Time Dui, Query About the Outcome

    What the cop put on the ticket is irrelevant. The information you provided shows that the DA filed a criminal complaint and it's what's charged on that document that matters. It appears that DUI was not charged in the complaint so you just faced a charge of speeding. (It would be very odd for a DUI to be a count 2 to a speeding charge in a complaint). Your attorney appeared for you, entered a guilty plea to the speeding and the court gave you traffic school. Completion of that, with no prior traffic history within the preceding 18 months means there's no points and it isn't on your public driving record.

  6. #16
    Join Date
    Oct 2020
    Posts
    6

    Default Re: First Time Dui, Query About the Outcome

    Quote Quoting LegalWriter
    View Post
    What the cop put on the ticket is irrelevant. The information you provided shows that the DA filed a criminal complaint and it's what's charged on that document that matters. It appears that DUI was not charged in the complaint so you just faced a charge of speeding. (It would be very odd for a DUI to be a count 2 to a speeding charge in a complaint). Your attorney appeared for you, entered a guilty plea to the speeding and the court gave you traffic school. Completion of that, with no prior traffic history within the preceding 18 months means there's no points and it isn't on your public driving record.
    Thanks a lot for the details. I get it now. I really appreciate your response.

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