DUI reduced to "Exhibition of Speed"
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 ar 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 readings 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.