My partner, Jeff Gold was able to convince a prosecutor this morning to dismiss DUI charges for his client in return for a plea to “exhibition of speed”. The facts of the case were that the defendant was stopped for speeding. He was paced at 55mph in a 35mph zone. There was a half-mile chase as the defendant did not immediately pull over. This placed the defendant in danger of being additionally charged with a “speed enhancement” which carries a mandatory minimum of 60 days in county jail. The arresting officer noted horizontal gaze nystagmus and poor performance of field sobriety tests. The defendant agreed to submit to a preliminary alcohol screening test with a reading of .096 and .103. Following arrest he submitted to a breath test with readings of .08 and .09.
The initial offer in the case was to reduce charges to an alcohol-related reckless driving or “wet reckless”. The problem with acceptance of this is that a “wet reckless” is still an alcohol-related criminal offense and is priorable, which means that if the defendant picks up another DUI in the next ten years, he would be prosecuted as a second offender with mandatory jail time.
An “exhibition of speed” is not alcohol-related and is not regarded as a prior offense for sentencing purposes. The penalty for an “exhibition of speed” is normally two years of informal probation and a fine of $250 plus penalty assessments.
If you have any questions concerning DUI defense in Los Angeles, please contact us at 562 938 7771.