Reckless driving is a violation of section 23103 of the California Vehicle Code. It is a misdemeanor, not an infraction. Prosecutors in Los Angeles and Orange County courts will sometimes accept a plea to reckless driving by way of a negotiated plea bargain in return for dismissing DUI charges. Securing the dismissal of DUI charges in Orange County requires more effort than in Los Angeles County.

A "wet" reckless is an alcohol related offense and typically involves a defendant being ordered to complete an alcohol education program in addition to paying a reduced fine. The alcohol program can be of a reduced length of twelve hours which is the educational portion only of the three month DUI program. It is important to understand that a wet reckless is a prior offense mandating second offender penalties if a defendant is convicted of a further offense within ten years.

A "dry" reckless is not alcohol related and is therefore, not priorable in the event of a subsequent arrest for DUI. It also does not require completion of an alcohol education program.

A conviction for dry reckless or  wet reckless carries two penalty points with the DMV, but does not mandate a six month license suspension by the mandatory actions department of the DMV as does a DUI conviction.

Prosecutors in DUI cases will only consider a reduction in charges if the evidence is borderline, if a persons circumstances merit consideration or to avoid trial in more difficult cases. Experienced DUI lawyers will be able to advise on the chances of securing a reduction in the charges and the advisability of accepting a plea bargain instead of going to trial. Sometimes the decision involves balancing competing considerations and it is important that a defendant faced with making a choice is fully informed as to the ramifications of any decision.

DUI prosecutions in west los angeles are normally handled in the Airport Superior Court. Depending on the arresting agency, there are a number of prosecuting agencies operating out of this court and policies on DUI vary from agency to agency. If the case is handled in department 141, the Los Angeles City Prosecutors Office will prosecute the case. The attorneys who work in this jurisdiction tend to be experienced and more able to exercise discretion over reductions in charges and penalties. If the DUI case is filed in department 140, deputies of the Los Angeles District Attorneys Office or the Hawthorne City Prosecutor will handle the case. The deputies in department 140 working for the DA's office tend to be young, inexperienced and lacking in discretion. Their policies on DUI charges tend to be rigid and punitive.

DUI charges originating with the Santa Monica Police Department are handled by the Santa Monica City Prosecutor's Office. Some of the attorneys here are the most reasonable to deal with in the building.

Policies and politics with DUI charges in west los angeles vary from court room to court room and from prosecutor to prosecutor. Knowing how to approach individual prosecutors and understanding the policies of individual agencies is an important element of defending these cases in Airport Court.

Los Angeles DUI lawyers Jeffrey Gold and Nigel Witham have been attending this court frequently since it was built and are experienced in successfully defending cases there. Please call them for a free case evaluation at 562 938 7771.

Typically on a first DUI arrest in Los Angeles or Orange County, the arresting agency will release a suspect after a few hours on his or her own promise to appear in court on a future date. Normally, it is not necessary to post bail in these circumstances. However, if there is an aggravating factor such as an accident, a refusal to submit to a test, or prior DUI convictions, bail can be required before a suspect is released. Bail can be cash bail or a bail bondsperson can be used to post a bail bond. If cash bail is posted, the full amount is returned upon completion of the court case and exoneration of the bail. If a bail bondsperson is employed to post a bail bond, the bondsperson typically charges ten percent of the amount of the bond. This fee is not refunded at the end of the case.

Some arresting agencies have a reputation for requiring bail even on first offenses, including local police agencies in Orange County, and the Long Beach Police Department. Typically, bail on a first offense is between $2,500 and $10,000. On a felony DUI in Orange County, bail can be as much as $100,000.

Even if the arresting agency releases a suspect without bail, the Court will sometimes impose bail at the arraignment. This is common on a second or third DUI offense in Orange County Courts. This can come as a surprise to an unrepresented defendant or unprepared attorney. If bail is not posted immediately, the defendant will be taken into custody, pending the resolution of the case.

If you have any questions about the above, please call Gold and Witham Attorneys at Law at 562 938 7771 for a free consultation.

California Vehilcle Code section 23152(c) makes it a seperate criminal offense to drive a vehicle while addicted to "any drug" unless that person is participating in a "narcotic treatment program'. This is a seperate and distinct offense to driving under the influence of drugs. Unlike DUI prosecutions, proof of actual impairment at the time of driving is not a specific element of this offense. Likewise, it is not a defense that the person was legally entitiled to use the drug.

"Addiction" may be difficult to prove without evidence of the defendants personal and medical  history and for this reason, this is a code section that is rarely prosecuted.

Drugs may include illegal or prescribed drugs but the drug must be one that is capable of impairing a persons ability to drive to an appreciable degree pursuant to the definition of drug in the Vehicle Code.

If you have any concerns about your ability to drive safely as a result of the medications you are taking, consult a Los Angeles DUI lawyer as well as your doctor as the legal ramifications of being arrested for DUI based on drugs can be very significant.

There is a misconception that for a person to be guilty of DUI, they must be "drunk". I often get calls from people who say they were not "drunk" when driving or that they only had a "few beers" and felt "fine". There is no such offense of "drunk driving". For a person to be guilty of DUI, the prosecution must prove that a defendant was impaired through alcohol so that they were unable to drive with the caution characteristic of a person who was alcohol free. Dui defense depends on convincing a prosecutor, judge or jury that the defendant was not so impaired.

In addition, the law says that a person may be impaired to drive with a blood or breath alcohol level below the legal threshold of .08%. Depending on the evidence, a person may be guilty of DUI with an excessive BAC of .05% or more.

If you have been arrested for a DUI in Los Angeles, do not assume that your case will be dismissed if you were not "drunk" or even if the breath or blood results were below .08%, Please consult with Los Angeles DUI Lawyers Gold and Witham to take the steps necessary to defend yourself.

Suppression of prosecution evidence is an issue that is often overlooked in DUI cases. The focus is often on the accuracy of the blood analysis or breath test results. However, DUI lawyers should always analyze each case in terms of prosecution evidence which can be suppressed as having been obtained in violation of the client's constitutional rights. The first issue is whether the initial traffic stop was based on valid articulable facts. The arresting officer must justify the traffic stop based on an observed driving pattern consistent with potential impairment or a violation of traffic laws. A traffic stop that cannot be justified on an objective analysis of the facts is an unlawful detention and a violation of the client's constitutional right against unlawful searches and seizures.

Similarly, the arresting officers decision to arrest must be based on facts that provide him or her with reasonable cause to believe that the suspect drove a vehicle while impaired. If the facts do not support probable cause to arrest in a DUI case, a motion to suppress all evidence obtained as a result of the unlawful arrest must be filed.

Any evidence obtained as a result of an unlawful traffic stop or an unlawful arrest in a DUI case must be the subject of a motion to suppress. This can include any admissions, the result of any field sobriety tests and, most importantly, the results of any breath test or blood analysis.

Los Angeles and Orange County DUI defense lawyers Jeffrey Gold and Nigel Witham will analyze each and every aspect of your case for potential argument and will file any suppression motion that may be relevant to the successful resolution of your case.

Occasionally, I represent clients charged with DUI in circumstances where I am aware that there is a prior conviction, but the prior has been missed by the Prosecution and is un-charged in the Complaint. The temptation is to quickly plead to the DUI before the Prosecutor has the chance to look at the case more closely and discover the prior. This happens most commonly with out of state DUI convictions. Prior convictions in other states can easily be missed on the DMV record as they appear under different code sections. By pleading to a first offense, greater penalties for a second DUI, including jail time are avoided.

However, the court will report the conviction to the DMV and it is likely that the DMV will pick up on the prior. In these circumstances, the DMV would suspend for two years, without eligibility for reinstatement on a restricted license after a year. In addition, even though the court did not require it, the DMV would not reinstate driving privileges until they receive proof of completion of a multiple offender 18 month DUI program. This can result in a defendant having to perform a first offender and a multiple offender program.

Because of the DMV ramifications, it is sometimes better to disclose the prior and deal with it. Sometimes, Prosecutors and Judges appreciate this honest approach and give a preferential plea bargain because of it. At Gold and Witham we specialize in defending clients charged with DUI in Los Angeles and Orange County and we recognize the importance of being aware of these problems and properly advising our clients so that informed judgements can be made.

Searching for the right DUI lawyer in Los Angeles can be a very confusing process. The most confusing aspect is the huge variation in fees charged by Los Angeles DUI defense lawyers. The cheapest lawyers charge less than $1000 and the most expensive charge well in excess of $10,000 for a first time DUI.

Lawyers fees vary depending on a number of factors, including the lawyers reputation and level of experience. If you are in the process of trying to find a lawyer, you should understand what the attorney includes in his or her retatiner agreement and what is not included. Normally, lawyers charge a fixed fee to include the DMV proceedings and all court hearings short of jury trial. Some DUI attorneys in Los Angeles cover the cost of consulting with a Toxicologist and re-analyzing any blood or urine sample, other lawyers charge extra for this.

Lawyers generally charge more for a second or third time DUI or a DUI with aggravating factors, such as a high blood alcohol level, excessive speed, an accident or a refusal to submit to a test.

Most lawyers will provide an initial free consultation over the phone or in person.

If you wish to consult with an experienced DUI lawyer in Los Angeles, please call Nigel Witham or Jeff Gold at 562 938 7771. We can provide you with a quote over the phone following an initial consultation.

Following an arrest for DUI in Los Angeles, you may be required to complete an alcohol education program, either by court order following a conviction or for the DMV in order to reinstate driving privileges. Following a suspension of driving privileges on a first offense, the DMV requires proof of enrollment in a three month alcohol program before early reinstatement of restricted driving privileges. However, if your blood or breath alcohol level is above .15%, the court can impose a longer program for six or nine months. If you need to enroll in the program for the DMV before resolution of your court case, you should discuss with the program the possibility of extending the length of the program if necessary, to comply with any court order.

If you are offered a "wet reckless", the court may offer you a twelve hour alcohol program as a condition of your plea bargain. However, the DMV does not recognize this program if you have been suspended and need a restricted license to drive for work. The DMV will only accept proof of enrollment in the three month program.

If you have been arrested in Los Angeles for a DUI and you are confused as to your obligations to perform an alcohol program, please contact Gold and Witham Attoneys at Law at 562 938 7771 for a free case evaluation.

Prior to arresting a suspect for DUI in California, the police normally have the individual perform a series of balance and coordination tests commonly known as field sobriety tests. The tests are intended to assist the officer in determining whether a person is impaired through drugs or alcohol so that they can be lawfully arrested. The tests are voluntary although the police rarely advise the suspect of this fact and normally give the impression that there is no choice but to attempt them.

There is no objective standard of pass or fail. Performance is assessed based on the officer's impressions on what the suspect does right and wrong. Ability to follow directions is considered along with balance and coordination.

The final test is often a preliminary alcohol screening device, which is a hand held breath machine. This test is also voluntary. The results of the test can be damaging to the prospects of avoiding a conviction for DUI and it is recommended that DUI suspects should decline the test. The obligation to submit to a breath or blood test arises only after a lawful arrest and at that point a suspect should choose to submit to a test as the penalties for refusal are greater.

Field Sobriety Tests are difficult to perform even in perfect conditions and when alcohol free. When assessing performance, factors to consider include medical and physical health, the location of the tests and whether the surface is even, the weather, time of day and possible fatigue, lighting and clarity of police instructions.

If you have any questions about the above, please call Gold and Witham Attorneys at Law for a consultation. You can reach Nigel Witham or Jeffrey Gold at 562 938 7771.