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There are sometimes good reasons to take California drunk driving cases to court, but there can also be compelling reasons to accept a carefully negotiated plea bargain. The experienced DUI / DWI defense lawyers from the Kavinoky Law Firm can help an accused drunk driver decide the best course of action in each individual case.
Plea bargains are an especially attractive option when the prosecution has a particularly solid case and the chances of prevailing at trial are slim. However, a plea bargain should be just what the name implies - a good deal for the driver. A skilled California DUI / DWI criminal defense attorney will negotiate the best possible plea bargain with an effort to incorporate alternative sentencing that minimizes or eliminates jail time.
There are many types of alternatives sentencing in California drunk driving cases - the individual may be able to substitute electronic monitoring, residential treatment or the use of an ignition interlock device for jail time. Many alternative sentences can be credited against a jail sentence on a day-for-day basis.
A knowledgeable Substance Abuse Expert can be an invaluable asset to the criminal defense team when negotiating a plea bargain with alternative sentencing. The expert will perform a thorough evaluation to determine whether the accused DUI / DWI driver has a problem with alcohol or drugs or was merely the victim of bad luck or poor judgment.
There are several plea bargain options in California drunk driving cases. One option in driving under the influence cases is to plead guilty or no contest to DUI and receive negotiated consequences. In some cases, a prosecutor may be willing to reduce the DUI from a felony to a misdemeanor, which is always a good deal for the client.
Another option is to plead guilty to alcohol-related reckless driving, also called a wet-reckless charge. A wet-reckless charge carries no mandatory license restrictions, alcohol education classes, or SR-22 or formal proof of insurance requirements. Individuals who have professional licensing issues, such as doctors, psychologists, and real-estate agents, also can benefit from a wet reckless plea. However, this plea bargain means that if the driver is arrested on another DUI charge within 10 years, the conviction will count as a prior offense and the driver faces increased. Also, insurance companies view wet-reckless as the same as a DUI conviction, which likely means higher premiums.
An even better drunk driving plea bargain involves admitting to reckless driving not involving alcohol, also known as dry-reckless. A dry-reckless charge is superior to a driving under the influence conviction in every way, and experienced California DUI / DWI attorneys will nearly always advise an accused drunk driver to accept this deal when available. A dry-reckless conviction typically carries only a fine and probation, although the court may order the driver to attend alcohol-education classes. A dry-reckless conviction is not priorable, meaning it doesn't count as a prior DUI conviction if an individual is arrested again for drunk driving within 10 years. Also, a dry-reckless plea doesn't require an SR-22 if the driver is successful at a DMV hearing.
Plea bargains are complex negotiations that require a skilled DUI / DWI criminal defense lawyer and may benefit from the input of a respected Substance Abuse Expert. A California attorney who focuses on drunk driving defense may be able to negotiate a plea bargain to a lesser charge, and broker more favorable consequences for a driver facing a DUI charge. |
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