The California Legislature has directed courts to follow sentencing guidelines for any person charged and convicted of a DUI.sJudges and Prosecutors have a broad range of guidelines and penalties for a DUI case. The Prosecutors will consider several factors and will make an offer to the Judge. The Judge has the discretion to accept or deny any plea bargain presented by the Prosecutor and the Defense lawyer.
One of the things prosecution will consider in creating their plea bargain is the general facts surrounding the case.sProsecution will consider in which manner you were stopped. Were you a driver that was stopped on the side of the road and sleeping? Were you pulled over on the freeway, or were you in a parking lot? Did the officer have to pull you over because you were speeding or weaving? Did you fail to stop at a stop sign? Were you involved in an accident? Many of these factors will also tie in to a discussion about probable cause. That is, did the officer have probable cause to pull you over, or if you were already pulled over, to administer a test to detect the presence of alcohol? A skilled defense attorney can scrutinize whether or not the statements of probable cause contained in an arrest report are sufficient to meet the legal standards required by law. In that consideration, a careful review of your police report along with an evaluation of the driver’s opinion whether the statements made by the officer accurately reflect what happened.
The Prosecutor and the Judge will take into account any prior criminal offenses.sThey will consider previous DUI convictions and take into account their location and date. Your criminal record will only be considered ten years prior to the current conviction. Consequently, someone who has been charged with 2 DUIs in the past month will be sentenced on the harsher end of the spectrum than someone who is being convicted of their first DUI.
Probation will also be argued unfavorably by prosecution. A DUI conviction will usually yield a period of probation from three to five years. Most non injury, misdemeanor DUIs will require informal probation whereas more serious DUIs will result in formal probation. Formal probation requires supervision and for the convicted to check in with an officer at a requisite time.
The courts will also look at your previous driving history. Someone with an excellent record will receive a more favorable sentence than someone who has a more complicated driving record.
These factors are just some of the few Prosecution will argue in their favor. In addition to these basic factors, the legislature has indicated several aggravating circumstances referred to as enhancements. Enhancement will require a harsher punishment.
The sentence imposed is ultimately placed at the so. Because potential sentences fall within broad parameters an experienced attorney can protect you and argue for the best possible results. Consult a California DUI attorney who will not only see your positive qualities but will fight hard to ensure that the Judge sees you in the same positive light.