My son was pulled over for loud music. The officer then administered a blood alcohol test. The officer stated his blood level was .098 but did not put this information on the ticket. At the station, the paperwork shows a .09 and then another test taken two minutes later showed .10. Hired an attorney and he worked out a plea bargain of Reckless Driving with Alcohol. The penalty will be complete a 16 week alcohol program, a fine of $1,862 and 3 years informal probation. It seems the reduced fine and a 16 week alcohol program is rather stift for a first offense. Is this result normal for California?
Optional Information: State/Country relating to question: California Already Tried: Stated in the question
Welcome and thank you for your question!I am sorry to learn of your son's experience. He could have been charged with DUI. As you know, that outcome could have included up to 6 months' jail, 5 years' of probation, a fine from $1,400 to $1,800 (plus court costs and fees), a minimum three-month alcohol education program, and a court mandated 6 month license suspension, in addition to any DMV administrative license suspension.Instead, he accepted a plea for a wet reckless. He could have received up to 90 days jail, probation, and the alcohol education classes, in addition to the fines.Is California having budgetary problems? You bet. Are they paid for by court fines/costs? You bet. Was your son's judge tough or strict? Sure. Did the judge exceed what the law allows? No. It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Handling criminal and probation matters for over 14 years.
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