Prosecutors dismissed pending DUI charges against Hills star Stephanie Pratt in Los Angeles Superior Court in exchange for a no contest plea to a reduced misdemeanor charge of Exhibition of Speed.
As part of the plea negotiation, Ms. Pratt will be required to attend Alcoholics Anonymous meetings for eight weeks, complete a twelve week alcohol education class and she will be placed on unsupervised misdemeanor probation for three years.
Often times when one is faced with California Vehicle Code Section 23152, for DUI or drunk driving in California, there is the potential for an experienced DUI attorney to reach a plea bargain solution with the prosecutor for a plea to a reduced charge in exchange for a dismissal of the original charge of DUI. This may be an option when the client's blood alcohol content as measured by a breath or blood chemical test administered by the arresting officer is relatively low or there is some other weakness in the prosecutor's case.
Some examples of reduced charges that may be an option in California DUI cases in descending order of severity are, Wet Reckless, Dry Reckless, and as in Ms. Hill's case, Exhibition of Speed.
As for the reduced charge of California Vehicle Code Section 23103.5, Wet Reckless, some of the benefits as compared to a standard DUI conviction are, less expensive fines, less severe impact on car insurance premiums, and little to no alcohol education classes. Also, a plea to a charge of Wet Reckless will not be considered a second time DUI for the purposes of enhanced penalties where the driver has suffered a prior DUI conviction within the past ten years. However, a DUI conviction within ten years of a Wet Reckless conviction will be considered a second DUI and the client will suffer enhanced penalties. Moreover plea to a Wet Reckless charge will not result in the suspension of one's drivers license. However, the DMV can still suspend one's license pursuant to a separate DMV hearing also known as an Administrative Per Se or APS hearing.
An even more desirable option is that of Vehicle Code Section 23103, known in the context of DUI plea bargaining as a Dry Reckless. A Dry Reckless plea avoids court ordered ...
alcohol education classes and the court will impose a less expensive fine than that imposed in the case of a Wet Reckless conviction. Moreover, a plea to a charge of Dry Reckless will not cause a subsequent DUI conviction to be treated as a second time DUI and hence the driver will not suffer the penalties associated with a second time DUI. As in the case of a Wet Reckless plea the suspension of one's drivers license by the DMV as a result of a plea to Dry Reckless will not result in the suspension of one's drivers license. However, as with the Wet Reckless the DMV can still suspend one's license pursuant to a separate DMV hearing.
One of the most desirable alternate plea bargain solutions in a DUI case is that of Vehicle Code Section 23109(c) known as Exhibition of Speed or Speedex. As with the Dry Reckless a conviction of Exhibition of Speed will not be considered a prior DUI in a subsequent DUI case and there is no required alcohol education component. However, Exhibition of Speed is still considered a misdemeanor and will often result in probation.
If the prosecutor's case is exceptionally weak, an experienced DUI attorney may be able to negotiate a plea to an infraction charge such as California Vehicle Code Section 22350, Speeding or California Vehicle Code Section 22107, Unsafe lane change. Unlike misdemeanors, infractions carry no potential jail time or probation. The only penalty for infractions is a fine and in the case of Vehicle Code violations infractions will often result in a point on one's driving record.
If you or someone you care about have been arrested for Drunk Driving, DUI or Driving Under the Influence in Los Angeles, Riverside, Kern, or Ventura Counties your rights may be at stake. Call the Law Office of Daniel E. Kann, a Southern California DUI, Criminal Defense firm, for a free consultation.
