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  1. #11
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,306

    Default Re: Juvenile DUI Hit And Run In California

    Quote Quoting Imanidiot91
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    I guess what I'm trying to say is do I have any chance of any form of an acquittal?
    An acquittal equals a verdict of 'not guilty' ... I don't see that as a possibility, but you can always hope.

    I was wondering if there is something similar for first case DUIs? I'm praying.
    Yes. But I don't know that they would offer it since you tried it once before.

    I suspect the best you can hop for is a plea to wet reckless (CVC 23103.5) and them dropping the hit and run. It will still cost you a lot of money, though.


    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  2. #12
    Join Date
    May 2008
    Posts
    9

    Default Re: Juvenile DUI Hit And Run In California

    Thank you, Carl. The information really helps. I'll post here tomorrow after meeting my attorney.

  3. #13
    Join Date
    May 2008
    Posts
    9

    Default Re: Juvenile DUI Hit And Run In California

    My title is a misnomer because according to my attorney, had I been charged with a Juvenile DUI code 23140 I would have been facing an infraction charge. He will try to plead it down to either a wet reckless or even better a Juvenile DUI, but in any case it will be difficult because according to the police report, I trusted the police with too much honest information that might have been self-incriminating. Not to mention the judge will be a strict, conservative one to deal with, even though the attorney knows him personally. He estimates about 2-3 weeks community service, fines of 500 (additional 2000 for his services) for both charges (he thinks they will drop the hit and run), a 3 month DUI program, 1 yr license revocation (with restricted license), 10 years DUI priorable on my record, and a 3-5 year informal probation. I thank God 10 times it wasn't as bad as I was expecting. The sting will definitely be felt though and the lesson is already learned.

  4. #14
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Juvenile DUI Hit And Run In California

    I have had a DUI. ...my chances are having another are greatly reduced because I take a cab when I drink and I drink rarely.

    The sting you feel now beats having to speak in front of MADD regarding the little girl (16-18 is a little girl to me) and her friends that you killed while they were travelling back from a cheerleading get-together.

    The sting you feel now is nothing compared to what it could have been. If you fought it in court you would have likely lost and faced $10k in attorneys fees.

    Carl may disagree on this, but the first thing you should have done was asked for an attorney. The second thing is then answered the officer's questions. At least your attorney can leverage that you were "cooperative and showed remorse"

    Good luck in court. ..and listen to your attorney. $2000 is inexpensive and a great price to pay to retain your rights to live a good life. A Felony conviction albeit erases your opportunity to live life as a "Free" man.

  5. #15
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,306

    Default Re: Juvenile DUI Hit And Run In California

    Quote Quoting usedbranflakes
    View Post
    Carl may disagree on this, but the first thing you should have done was asked for an attorney.
    Asking for an attorney would have done nothing to prevent the testing. He could always have refused the FSTs or answer questions, but someone under 21 can not decline a breath test without penalty.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #16
    Join Date
    May 2008
    Posts
    9

    Default Re: Juvenile DUI Hit And Run In California

    As more days pass, I'm realizing that the punishment is getting worse than I had previously expected. What is the difference in court between being an insured DUI hit and run driver or an uninsured DUI hit and run driver? also, it seems my honesty with the police cause me to make stupid self-incriminating statements like when I told the officers I had a third of a fifth of tequila to drink and how I believed the alcohol impaired my driving. How will these statements affect my judgement in court?

  7. #17
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Juvenile DUI Hit And Run In California

    Quote Quoting Imanidiot91
    View Post
    As more days pass, I'm realizing that the punishment is getting worse than I had previously expected. What is the difference in court between being an insured DUI hit and run driver or an uninsured DUI hit and run driver? also, it seems my honesty with the police cause me to make stupid self-incriminating statements like when I told the officers I had a third of a fifth of tequila to drink and how I believed the alcohol impaired my driving. How will these statements affect my judgement in court?
    So you are saying that the hit and run wasn't the only dumb thing you did while drunk and driving?

    Anyway....

    You got to fix something in a hurry. If you go into court with an attitude that you should get off because it is only your first DUI and it wasn't that bad, they will fillet and grill you with a side of onions.

    You had your license less than a year and you already have a DUI and a hit and run on your record.

    Sell your car. Pay your lawyer. Buy a bus pass.

  8. #18
    Join Date
    May 2008
    Posts
    9

    Default Re: Juvenile DUI Hit And Run In California

    When exactly did I say that I feel that I should get off just because it was my first DUI. No, I will not sell my Mustang, I've already hired a lawyer, and I don't need smart-ass replies to my serious questions.

  9. #19
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Juvenile DUI Hit And Run In California

    Quote Quoting Imanidiot91
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    When exactly did I say that I feel that I should get off just because it was my first DUI.
    Oh?

    Then what, exactly, did you mean by...

    I guess what I'm trying to say is do I have any chance of any form of an acquittal? Like i said, this is my first and last time i get a DUI/hit and the last time i involve myself with alcohol or any other substance -- not that that statement will help me in court. I pleaded no contest last year to a MIP and was able to get into the Corrective Behavior Institute program which dismisses the case upon completion. I was wondering if there is something similar for first case DUIs?
    No, I will not sell my Mustang, I've already hired a lawyer, and I don't need smart-ass replies to my serious questions
    You are going to be paying the fines and the lawyer's fees for a car you can't/won't drive for a year? Not to mention the 11K insurance bill?

    Serious questions?

    Kid, I gave you real advice. You have had two, count em, two, alcohol related arrests in the last year and still think you should be able to walk out of the courtroom untouched.

    You say that you have real remorse. Sorry, if you had real remorse your first MIP would have solved that.

    You took a chance with every life you intersected with during your crime, and only the grace of God saved you from spending the rest of your life in prison.

    And you want to find a way to get an acquittal.

    As I said... you need to adjust your attitude prior to court. If you think I am tough on you, wait until you meet the DA. He/she will make what I am saying seem like a group hug.

  10. #20
    Join Date
    May 2008
    Posts
    9

    Default Re: Juvenile DUI Hit And Run In California

    Curiousity about paths I could take to better the situation I've put myself in should be expected by any thinking person. I am remorseful whether or not you think so, and I could care less if you do. I can't sell the car because it needs extensive repairs that I can't afford, to make it in a condition to be sold. I will be insured until my final sentencing court appearance, after which I will terminate my insurance policy. Forgive me, if I'm looking out for my best interests. I should just fire my lawyer and admit to everything and have the courts crucify me shouldn't I? I know only the Grace of God saved me and the lives I could have affected by my wreckless decision to drive under the influence. Only time will prove that I've learned my lesson so there's no point to argue it any further with you.

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