California DUI Penalty Enhancements
If getting charged with a DUI isn’t bad enough, the legislature has defined certain situations where courts are authorized and encouraged to enhance the penalties associated with a DUI conviction. The following “Special Allegations” define these exact circumstances. If you have been charged with any of these special allegations, remember, the prosecutor has the same burden of proving these beyond a reasonable doubt that they have for the elements of the initial offense.
High BAC Under CVC § 23578
Under this code section, the court is allowed to and encouraged to increase the fines, public work service, and other consequences when the defendant’s BAC is above .15% by volume.
Child Endangerment Under CVC § 23572
If someone accused of DUI had a child under the age of 14 in the vehicle at the time of of the offense, may be subject to mandatory custody time even on the first offense.
Reckless Driving + DUI Under CVC § 25582
A person who drives recklessly while under the influence may be subject to significant mandatory jail time even on the first offense. Driving recklessly is specifically defined as going 30 mph over the speed limit on a freeway or 20 mph over the speed limit on the surface streets.
Successfully defending a misdemeanor case may include the following procedures:
- Court Appearances
- DMV “Admin Per Se” Hearing
- DMV License Status Hearing
- Motion Hearings on discovery and evidence admissibility/suppression
- Prosecutor Negotiation
- Judge or Jury Trial
- Plea Bargaining
Some of the strategies we employ may include the following:
- Discovery Sanctions
- Subpoenaing Documents
- Trial Continuances
- Pitchess Motions
- Witness 402 Hearings
- and others…
If you are charged with a Traffic Misdemeanor or DUI, hire California’s best traffic law firm. We can help you get a great result on your case. To learn more about our procedures and how we can represent you, call the California Ticket King at 877-985-0002 or email our attorneys at email@example.com.