Second Time DUI! 60 Day Jail Enhancement Stricken! Refusal Stricken! Eliminated 2 Year Driving Privilege Restriction!

Recently in Los Angeles County at the West Covina Courthouse a Complaint was filed against our client alleging that he violated Vehicle Code section 23152(a) within ten years of another DUI offense. Our client was also charged with enhancements pursuant to Vehicle Code section 23578 for refusing to take the chemical test and for violating Vehicle Code section 23582, for driving 30 or more miles over the maximum speed limit during the commission of a DUI.

The prosecution initially wanted our client to serve sixty (60) days in the county jail with other standard DUI terms for the offense. After review of the MVARS (audio and video taken by police vehicle) in this matter, it was clear that our client was driving at a high rate of speed (105 mph and greater) on the freeway prior to being stopped by law enforcement. It was also clear that our client performed poorly on the Field Sobriety Tests (“FSTs”).

After providing the prosecution with a mitigation package demonstrating our client’s commitment to attending Alcoholics Anonymous meetings and his dedication to his employment, the prosecution was willing to negotiate on their initial offer. We were able to negotiate for striking the speed enhancement and the refusal! This negotiation saved our client from having a two-year license suspension. We were also able to negotiate for only 10 days of jail with 20 days of community labor instead of the 60 days in county jail the prosecution initially wanted.

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