Beverly Hills DUI
Posted By Gold & Witham on Dec 2, 2009 1:38pm PST
I was in Beverly Hills Court last week for a client charged with a first time DUI with borderline evidence and a breath alcohol level of .09%. my client did not want to go to trial and just wanted to resolve the case in the best manner possible. I felt that the evidence justified a reduction down to a "dry" reckless or non alcohol related reckless driving, or an "exhibition of speed". However, following three pre-trials, it became apparent to me that the best possible result would be a "wet reckless" or alcohol related reckless driving. This was an offer that the young deputy district attorney gave me reluctantly and after a lot of difficult negotiating. The original position taken by the prosecutor was that he only offered reductions if the breath alcohol level was below .08%.
After taking the plea, the judge decided to lecture my client at length about the dangers of drinking and driving and how everyone with a BAC of .08% is impaired to drive. The judge went so far as to solicit a"promise" from my client to never drink any alcohol and drive again. The judge asked my client whether there was anyone in his life that cared about him (his mother was in court at the time) and asked how they would feel if he or another person was killed as a result of his drunk driving.
It is apparent from the above that DUI's are treated seriously by the Courts even when the evidence is borderline and charges are being reduced. Politics plays a big part in this ofcourse as judges and prosecutors tend to be judged on how they deal with DUI cases. Uppermost in their mind is what would happen to them if, having given a defendant a break, he goes out and kills someone while impaired. This is a judges worst nightmare.
I am often asked the question "Do I need an attorney?" It follows from the above, that even in "minor" DUI cases, it is always wise to seek representation from a qualified Los Angeles DUI lawyer.