Law Office of Ivan O.B. Morse Articles Plea Bargains in a California DUI

Plea Bargains in a California DUI

By Law Office of Ivan O.B. Morse  Mar. 26, 2013 1:00p

One of the important aspects of a California DUI evaluation by your attorney is whether or not you should take your case to trial or accept a plea bargain. A plea bargain involves negotiation between your DUI defense attorney and the prosecutor. This negotiation can involve your pleading guilty to a lesser charge or for a reduced sentence or both. This means that you will know what your penalties will involve before you make your plea. In a jury trial, if you lose your case, your penalties will be up to the discretion of the court based on the evidence presented and the judge's inclinations. Typical plea bargains involve pleading guilty to the reduced charges of a "wet reckless" or a "dry reckless." How your situation may be negotiated will depend on the facts involved in your case and the defenses your attorney can identify.

A wet reckless charge is essentially reckless driving which involves alcohol. It is a violation of California Vehicle Code Section 23103. The consequences of this charge generally mean less in fines, jail time, and probation as well as no loss of your driver's license. It will result, however, in two points on your driving record. It also constitutes a prior conviction, which means that if you are convicted for a subsequent DUI within 10 years, you will be viewed as a repeat offender. It is also generally viewed as a DUI by insurance companies, which will raise your rates. A dry reckless is a reckless driving charge that does not involve alcohol, which will not be viewed as a type of prior DUI on your record or for insurance purposes.

DUI Defense in Northern California

Consulting with an attorney skilled in DUI defense is crucial to fully understanding what you are up against in any type of DUI. Your attorney can evaluate your case and advise you on the best way to proceed based on the possible defenses you may have. At theLaw Office of Ivan O.B. Morse, you can consult with a criminal defense lawyer who was a former Oakland police officer for seven years and who fully understands how criminal cases are developed. Attorney Morse is based in Dublin, California and serves clients in the surrounding areas, such as Castro Valley, Livermore, San Ramon, Pleasanton, and Tracy.

Attorney Morse has investigated and defended all types of criminal charges, from DUI to drug possession, theft crimes, sex crimes, and other state and federal crimes. With many decades of experience in criminal law, he offers competent, dedicated, and comprehensive legal help after any arrest. Contact his offices to arrange for a consultation about your case.

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