Proposition 47 went into effect on November 5, 2014. It drastically reduces felony cases to misdemeanors when requisite conditions are met. Essentially the proposition reduces the class for certain offenses and allows the offenses to be charged as misdemeanors whereas it would otherwise be a felony.
The purpose and goal behind Proposition 47 is to save funds and direct them towards more community enriching activities like education. Proposition 47 is not an automatic application to all cases, it is specific to each case. People who have previous criminal records, may not qualify. Especially those cases in which there are prior rape, gun or sexual offenses. The court will take all facts concerning a person’s previous criminal history as well as facts of the current case before determining if they will qualify for a reduction under Proposition 47.
In addition, Proposition 47 is retroactive. This means that if someone is currently serving a sentence for an offense that qualifies under Proposition 47, then their case can be reevaluated and a new sentence given.
Unfortunately, Los Angeles DUIs do not qualify as a qualifying offense under Proposition 47. The offenses that do qualify are as follows:
• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs
Just because a DUI does not qualify or reduction under Proposition 47, does not mean a DUI charge cannot be reduced. There are many different options available. For example, there are several defenses available.
One such defense is the 4th amendment. If there is evidence that has been gathered in violation of your 4th amendment rights, it may potentially not be considered. If such crucial evidence is not considered it may weaken Prosecution’s case leading to a dismissal.
You may also have a defense such as the rising alcohol defense. This defense basically follows the presumption that your BAC was not high at the time you were driving, but rose thereafter, when you were not operating a vehicle.
You should always consult a Los Angeles DUI lawyer. A legal professional will have years of experience and knowledge not only in DUI law, but also in the courts, Judges and legal process. This will ensure that they put together the best possible defense with the strongest arguments and options prior to the case going to court. This will give you the best possible chances of fighting the charges, and will give you the strongest chance of being able to reduce or even dismiss the DUI. Do not hesitate, contact someone today!