Only charged with 23152(a) DUI
Question: I have a second offense DUI at 1945 Hill street, Los Angeles, Metropolitan Court. But only charged with 23152(a). I remember last time I had 2 different DUI charges. Is this good?
Answer: Possibly. When you say you are charged with only VC 23152(a) DUI, are you referring to what is listed on the citation you received from the police officer? Or specifically what you were told the charge(s) were when you went to court?
If you are referring to what the officer wrote on the citation, that may not tell the whole story. Often times the officer will only write VC 23152(a) on the citation, but the prosecutor will allege both VC 23152(a) and VC 23152(b) as well as potential other charges on the Court complaint.
If you are referring to the Court complaint only alleging VC 23152(a), that could be good for a couple reasons. Including, it is always better to have only one DUI charge as opposed to two. Was this an alcohol related DUI? Or drug related DUI? That could be the difference as well as VC 23152(b) pertains specifically to alcohol related DUI’s, where as VC 23152(a) can involve alcohol and/or drugs. Techincally VC 23152 was updated to have VC 23152(e) and (f) refer to Drug DUI’s, but many prosecutors still initially allege it under VC 23152(a) mistakenly.
Alternatively, if this is a refusal case (ie. did not submit to a breath or blood test after getting arrested for a DUI), then the VC 23152(b) charge would not be applicable. Instead you would likely have just a VC 23152(a) charge along with the Refusal enhancement.
Call me to discuss. I have handled a lot of DUI cases in Metro with great results.
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