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?
State/Country relating to question: California
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.
Handling criminal and probation matters for over 14 years.
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).