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My son was pulled over for loud music. The officer then administered

 

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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?

 

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State/Country relating to question: California

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Submitted: 286 days and 14 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED

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Expert:  JB Umphrey replied 286 days and 13 hours ago.

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.

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Thanks,
~~ J.B.

Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 96.6 %
Accepts: 2766
Answered: 6/30/2012

Experience: Handling criminal and probation matters for over 14 years.

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Expert:  JB Umphrey replied 284 days and 9 hours ago.

Hi there. I'm just following up with you to see how everything is going.

Did I answer all of your questions or do you seek additional information?

Please let me know if there is anything else I can provide to give you excellent service!"

Otherwise, please be sure to provide a rating for the information I provided so that I receive credit for assisting you.

IF YOU DO NOT PROVIDE A RATING, or if your rating is negative, then I will not be compensated.

If you experience any problems in providing a positive rating, please reply and let me know.

Thank you!

~~ JB

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Expert:  JB Umphrey replied 283 days and 9 hours ago.

Hi there. I'm just following up with you to see how everything is going.

Did I answer all of your questions or do you seek additional information?

Please let me know if there is anything else I can provide to give you excellent service!"

Otherwise, please be sure to provide a rating for the information I provided so that I receive credit for assisting you.

IF YOU DO NOT PROVIDE A RATING, or if your rating is negative, then I will not be compensated.

If you experience any problems in providing a positive rating, please reply and let me know.

Thank you!

~~ JB

 
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