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Traffic Infractions
Prosecutors handling DUI cases generally offer reduced penalties in exchange for the driver pleading guilty to a lesser charge. In some cases, a skilled California drunk driving criminal defense attorney can persuade a prosecutor to reduce the charge to a mere traffic infraction.
Pleading guilty to a traffic infraction, such as speeding or an unsafe lane change is, unquestionably, a favorable outcome for an accused DUI driver. Pleading guilty to an infraction leaves the driver with a clean criminal record, rather than a conviction for a misdemeanor or felony. The driver must only pay a fine and receive a point on his or her driving record. There’s even a possibility that the point can be removed by attending traffic school.
Prosecutors typically only offer to reduce a drunk driving charge to a traffic infraction if the case is not likely to win at trial. Sometimes, it takes an adept DUI lawyer to point out to the prosecutor the weakness in the prosecutor’s case. There may be a fatal flaw in the conduct of the arresting officer, the driver’s chemical test, or another piece of evidence. You may wonder, armed with this information, why you can’t ask for a reduction to an infraction yourself. Only a skilled DUI attorney will be able to point out enough relevant facts that could point to a weak prosecution case. You should do everything you can to improve your odds by hiring an attorney and not roll the dice.
A plea bargain that reduces a drinking and driving charge to a traffic infraction is not typical, and usually only available in cases where the driver’s blood alcohol content (BAC) hovers near the legal limit of .08 percent. Other factors that will be considered by the prosecutor include the circumstances of the arrest, the jurisdiction where the charges are brought, and whether or not the driver has a prior conviction for drunk driving during the past 10 years.
Sometimes drunk driving charges can be reduced to infractions that leave the driver with a clean criminal record and few repercussions. A lawyer who specializes in DUI / DWI defense can evaluate each case to determine whether a negotiation to a traffic infraction or other reduced charge can be achieved.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
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