Los Angeles DUI Attorney Blog
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| October 09, 2009 |
| Felony DUI |
| Posted By Gold & Witham |
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I spent most of last weekend dealing with the immediate rammifacations of a client being arrested for a felony DUI in Los Angeles following a serious traffic accident leading to injury to her passenger. My client was being held on $100,000 bail after she had crashed into a wall causing injury to her passenger. It turned out that the passenger had a perforated intestine requiring surgery and the removal of thirty inches of lower intestine.
For clients with no prior criminal history and otherwise leading a productive law abiding life, being in custody for a felony DUI in Los Angeles and facing the possibility of a State Prison sentence, will cause shock, disbelief and all sorts of other negative emotions. Parents and family members cannot believe it is happening, and emotions can range from denial to anger and the desire to attribute blame elsewhere. Eventually, it becomes a matter of accepting that the event has occured, realising that some life changes have to occur and then doing everything necessary to mitigate the damage and make things better.
Cost is always a factor as most good felony DUI lawyers will charge anywhere from $10,000 to $25,000 for a serious felony DUI. The cost of bail is also something that needs to be addressed. Sometimes, tough decisions need to be made. Rather than posting bail immediately, it is often better to wait a couple of days for the defendant to be produced in custody as the judge can then vary the amount of the bail downwards. In the above case, bail was reduced by the judge from $100,000 to $40,000 thereby saving the client approximately $6,000 in bond fees.
Ofcourse, the fees and costs will ultimately be forgotten, but the results of the case will not be. An arrest for a serious felony DUI is a potentially life changing event that demands only the best legal representation. Gold and Witham Attorneys at Law have many years of experience successfully representing clients charged with felony DUI in Orange County and Los Angeles Courts. |
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| January 14, 2009 |
| When is a DUI a Felony? |
| Posted By Gold & Witham |
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I just got off the phone with a lawyer representing the victim of a DUI accident caused by my client. My client's recollection of events is poor and I do not have the arrest report yet. However, the police charged my client with a misdemeanor DUI with no injuries alleged. Unfortunately, based on my discussion with the personal injury lawyer representing the victim, I now need to advise my client that the case is likely to be filed as a felony DUI with injuries. The victim suffered a serious head trauma resulting in over $20,000 in medical treatment to date and the treatment is ongoing. My client was uninsured.
A first time DUI is normally filed as a misdemeanor. This is bad enough as it is a criminal offense that will stay on a persons record for at least ten years. However, if an accident occured, and as a result another person suffered personal injuries, the case can be filed as a felony. Felony DUI convictions can result in significant penalties including State prison. In addition, if a person has three or more prior convictions within ten years, the case can also be filed as a felony.
The District Attorney's Office is not bound by the charges in the police citation. Upon a review of the evidence, an attorney in the DA's office may file different and more serious charges with the Court prior to the arraignment date. This can be an unpleasant surprise for the unprepared defendant. If you have been involved in a traffic accident and have been charged with drunk driving, you need to consult with an experienced dui attorney immediately as time is of the essence in defending these cases. |
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