Once a DUI defendant pleads guilty or is convicted of drunk driving after a jury trial, the judge will pronounce sentence. If there was a victim who suffered any loss or damages as a result of defendant’s driving under the influence, the sentence will include court ordered restitution. The victim’s…
Driving under the influence charges were filed against a Charleston, South Carolina sheriff’s deputy, Nicholas Wagner, after he crashed his personal vehicle on an on-ramp to Interstate 526 westbound on May 5th, according to postandcourier.com. Wagner was said to have “smelled of an alcoholic beverage, had glassy eyes, slurred speech,…
A standard sentence in misdemeanor DUI cases includes a term of probation. Depending on what charges you plead to or were convicted of depends on the standard term of probation. In San Diego, the courts often give a term of three years for a dry or wet reckless and five…
Once a driving under the influence defendant pleads guilty or is convicted after a jury trial, their criminal record will reflect this indefinitely. Since criminal records are public records, they can be easily searched and found by law enforcement agencies, employers, and state licensing agencies. Most probationers want to get…
During a driving under the influence sentencing hearing, the court may offer to put the defendant on probation. (The defendant does not have to agree to probation; however, it lessens the amount of time spent in jail if any time has to be served at all.) The judge may impose…
If you were arrested in California for drunk driving, and you have an out-of-state driver’s license, you are subject to the same two processes that a California resident with a California driver’s license faces: The administrative process through the Department of Motor Vehicles (DMV) and the criminal process through the…
When a DUI defendant pleads guilty or is found guilty after a trial, the judge may put the defendant on probation as part of the sentence. Probation is “the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under…
A dry reckless is defined under California Vehicle Code Section 23103. It states, “A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” The penalty for a guilty plea or a conviction under this…
The majority of all DUI cases in California are filed as misdemeanors. Some are filed as felonies. What is the difference between a misdemeanor and a felony? The California Penal Code Section 17 states, “A felony is a crime which is punishable with death or by imprisonment in the state…
Driving under the influence charges can pose a threat to your livelihood. If your profession, business, or service requires you to have a state license, a criminal conviction may impact obtaining or renewing your license. If you are a pilot, there are stringent rules and procedures that must be followed…