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  1. #1
    Join Date
    May 2009
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    3

    Question Minor Charged With DUI - What's Going to Happen

    My question involves criminal law for the state of: CA.

    A friend of mine has recently been convicted/cited/arrested for a DUI. He is 18 yrs. old, so he was charged with a misdemeanor of having a BAC of over .05. To make things worse, there was an open container in his vehicle, so he was charged with an infraction of having an open container. I know he's had some traffic violations and i'm assuming he has about four points on his record as of right now (considered a negligent driver now). He has consulted with a lawyer and is in the process of finding out his court/dmv dates.

    What are the chances of him obtaining a restricted or critical need license? He was able to come up with a schedule for work and school and he's found it impossible to get to and from work without driving - he has no other means of transportation; bus schedules will not work for his schedules.

    Also, what are the possible fines he will have to pay? We figured he'd be paying about $6,000+ altogether for the court fines (tickets), dmv fines, dui program, and his lawyer.. How much would his seperate convictions (infraction for open beverage in vehicle, and misdemeanor for being under 21 with BAC over .05) turn out to be?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Charged W/ Infraction and Misd. - What's Gonna Happen

    Quote Quoting jayv
    View Post
    A friend of mine has recently been convicted/cited/arrested for a DUI.
    Which is it? Arrested? Cited? Convicted (at court)? There is a big difference between these. What code section was he cited for for? CVC 23140?

    What are the chances of him obtaining a restricted or critical need license? He was able to come up with a schedule for work and school and he's found it impossible to get to and from work without driving - he has no other means of transportation; bus schedules will not work for his schedules.
    That depends on how compelling his argument is to the judge. The judge may not find his research all that compelling. But, even if he gets a restricted license, he can expect conditions of probation to perhaps include random alcohol testing and searches for alcohol in his possession as well as mandated alcohol counseling.

    Also, what are the possible fines he will have to pay? We figured he'd be paying about $6,000+ altogether for the court fines (tickets), dmv fines, dui program, and his lawyer.. How much would his seperate convictions (infraction for open beverage in vehicle, and misdemeanor for being under 21 with BAC over .05) turn out to be?
    How much and what he has to pay depends on the specific offenses for which he has been charged. If he has been charged with 23222(a) that offense should hold about $266 in fines and fees (per the CA Uniform Bail and Fine Schedule) and $380 and two points on his license for the 23140. Also, if convicted of 23140, he will have to attend a driving under the influence training program and it is not dismissible via traffic school.

    - Carl

  3. #3
    Join Date
    May 2009
    Posts
    3

    Default Re: Minor Charged With DUI - What's Going to Happen

    Which is it? Arrested? Cited? Convicted (at court)? There is a big difference between these. What code section was he cited for for? CVC 23140?
    He wasn't taken down to the station or handcuffed or anything. They gave him a yellow citation/ticket and allowed him to get picked up where he was. I believe it was CVC 23140..

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