Long Beach, CA asked in DUI / DWI for California

Q: 3rd dui in Lakewood CA, BAC .34 and minor fender bender. Dose anyone have previous experience of outcome?

Completed a five month IOP and still continue to attend even after completion.

Have been on SCRAM for 5+ months (got on one week after the arrest)

Got a “set aside” (from what I understand that is a win for the DMV hearing)

Have hired a good seasoned DUI lawyer

No other charges on my record expect for the two dui.

1st 2012 (plead down to wet and reckless)

2nd 2015- charged 2nd dui

3rd(current case) 2022- BAC .34 involved in minor accident no injuries and other party has been paid restitution through insurance.

My question is given this information is there a chance that the judge and DA will work with me on a plea deal not involving jail time? I have had an arrangement hearing (8/29/2022) and the 2nd court date is 10/13/2022. My lawyer hasn’t communicated much other than a phone call after the discovery report and was looking for more insight. Any information or suggestions is much appreciated. Thank you

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: the best advice any lawyer on this site can give you is to listen and follow the advice of your current DUI lawyer who hopefully practices often in that court.

that fact that you got a set aside on DMV suggests either a problem with the case OR you have a very good DUI lawyer............listen to what he/she tells you.........and continue to good to AA and any classes you are attending.

James R. Dickinson
James R. Dickinson
Answered
  • DUI & DWI Lawyer
  • San Bernardino, CA
  • Licensed in California

A: A wet reckless will be treated as a prior DUI, provided it occurred within the last 10 years. You need to hire an attorney to see if the first incident occurred more than 10 years before the most recent DUI, and thereby avoid facing the consequences of a 3rd DUI. Of course, even if it occurred within the last 10 years and thus priorable, the lawyer you hire can fight the case. Speak with someone today. Time is of the essence. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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