Thank you for your response. I am a different contributor and as it seems the previous expert has gone offline because of the late hour and because you do have court
today, please permit me to interject solely because of the pending arraignment today.
Yes, your daughter has to go to get an attorney today to represent her for the arraignment.
MORE IMPORTANTLY, your daughter only has 10 days from the arrest to file with DMV for an administrative license hearing, because if she misses the 10 days (which is on her notice form she received) then she would not be able to appeal the revocation of her license after that time and the documents the officer gave her is a temporary license good for 30 days.
Because she is under 21, I also happen to disagree with the previous expert I am afraid about the wet reckless and this being a "semi-low" reading, because under CA law anyone under 21 has a ZERO TOLERANCE for any amount of alcohol in their system. This means that the normal presumption of intoxication
that can lead to a conviction in CA is .08g/% BAC, but this is for an adult and .11g/% would really be pushing it to call it "semi-low," BUT because she is under 21, the CA law says she is guilty of DUI if her blood alcohol was even .01g/% because of the zero tolerance law for drivers under 21.
Thus, her attorney might be able to, as the previous expert stated, negotiate a wet reckless for her, but if he does it would be based on having a liberal prosecutor and not having an organization like Mothers Against Drunk Driving or some other DUI activist group monitoring the court. Reduction of a .11g/% in a minor is extremely tough.
Getting back to her license, she MUST get the attorney to file her administrative appeal with DMV if she wants any hope after the first 30 days suspension of obtaining a school/work restricted license and if they do grant it, because she was 21 the reinstatement fee will be $100.
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