When is a DUI a Felony in California?
When the prosecutors are deciding whether to file a DUI case as a felony or a misdemeanor, they will key in on whether the injury to the victim was serious. The term “serious injury” related to felony DUI cases is debated. Defense attorneys fight this issue for their clients in Los Angeles County and the San Fernando Valley.
The problem trying to figure it out is that neither the legislature nor the courts have given much guidance on a solid definition of a severe injury related to a felony DUI case. This leaves things in a murky state when it is a close call. What typically ends up happening is that there are cases that are severe injuries in nature, like if the victim has a broken bone or a serious scar on their body.
Then there are those cases involving soft tissue injuries that the prosecutors refuse to file as felonies because they cannot prove a serious injury. The alleged victim has often hired an attorney, inflated their injury, and is trying to obtain a substantial civil award. Sometimes, the prosecutors do not know this, and it is up to the defense attorney to point it out and argue for the misdemeanor.
When it comes to penalties and facing prison and a strike on your record, you should hire a DUI attorney who has been down the road you are about to travel and had success. There is no room for mistakes when handling a felony DUI case.
The police are not always correct in their decision to arrest someone for a felony DUI and make them post a hundred thousand dollar bail to get out of custody. These types of cases must be handled by someone who has both experiences with the subject matter and has dealt with these types of issues in the courthouse you find yourself in. The felony DUI lawyer at our office has helped numerous clients get their deserved representation.
What Are the Best Defense Strategies for a Felony DUI?
If the prosecutors have the evidence to prove that you are guilty of a felony DUI, the next step is to determine how to minimize the damages from this type of charge. One key area to have your DUI defense attorney work on is obtaining money to make the victim whole related to their injuries from the accident. Insurance can be used for this purpose as well as for your client.
Of course, the best-case scenario is if you have a significant enough insurance policy to pay the victim for their car and injuries. If this is the case, it is up to your defense attorney to work with the insurance company and prosecutor to achieve the best result possible.
If you had no insurance to cover the accident, you would be in a much more difficult position and have less bargaining strength with the prosecutor and judge. Sometimes, the prosecutors are not reasonable regarding felony DUI cases, and your attorney must go to their boss or even the judge to achieve the best result.
This type of maneuvering takes a seasoned DUI defense attorney who is battled tested and knows the ins and outs of the court system. You can call our office to discuss your case with our felony DUI attorney.
How Our Law Firm Can Help You
Being an experienced felony DUI lawyer, the first thing that I do relate to assisting a client with a felony DUI is to get them into the office and go over all of the facts and circumstances related to their case. Perhaps we can argue there was an unlawful traffic stop by the police.
Once we have everything laid out, know what the positive and negative things are related to the accident, and have all the mitigating circumstances related to you and your particular situation, we are then in a position to design a road map for success.
My goal in our meeting will be to leave it with a plan to get you the best possible result. Once you know what you are up against and what you can do to assist me, you will feel much more confident about your situation and will be able to function, knowing that you are in the best hands and making the right moves for your case.
Because I have been handling these cases for 25 years, I will usually have a pretty good feel of the DUI defense issues DUI defense issues will be and what we can do to put you in a position for success. You can rely on my experience as a felony DUI lawyer to handle your case. Contact the Hedding Law Firm to review your case. We also handle DUI cases in all San Fernando Valley Courthouses.