In many states, including the state of California, driving under the influence of alcohol is a severe offence. And, if found doing so, the driver can be prosecuted with serious charges and penalties. According to the California Vehicle Code, if a driver’s blood alcohol levels are higher than 0.08 percent, they can be arrested with DUI (driving under influence) charges. However, in some scenarios, defendant lawyers may suggest exhibition of speed as a plea bargain in DUI cases. Why do that? What are the benefits of a plea bargain like that?
Understanding the charges
In California, DUI offences are prosecuted quite seriously. If convicted, the driver can be penalised significantly, the vehicle can be impounded, probation or may even lose their license. They might even face some jail time if the accusations are severe.
Exhibition of speed is quite common on the roads. Drivers often like to show-off their driving skills or car’s capabilities. While mostly, you get away with a moderate speeding ticket, in cases when the speeds are dangerously high and reckless driving, it goes to court.
Why is taking the exhibition of speed plea bargain better?
In many cases, the defence attorneys advise their clients to opt for an exhibition of speed as a plea bargain in DUI cases. As it helps reduce the punishment and get them a better deal.
- With a DUI charge, there are high chances of license suspension, which is not the case for speeding.
- If someone is convicted of drug or alcohol abuse, it may affect their social background and can affect their professional opportunities. An exhibition of speed charge is a safer alternative.
- The fines imposed for these charges differ significantly. For speeding these could be a few hundred dollars, whereas for DUI these can be enormously high.
- There is always a high risk of jail time (a minimum of 6 months) with DUI convictions. The duration varies from case to case. Followed by a drug/ alcohol education course. Speeding violations are fairly simple to resolve and in rare incidents a jail time (capped at 90 days).
- The probation period for exhibition of speed is about 1-2 years with lenient regulations. While for DUI this period spans from 3-5 years and one has to be really careful. Any violations can lead to serious implications.
- In case of speed ex, there are no priorability charges. Meaning, if you are convicted for speeding a second time, the punishment would not be driven by prior incidents. However, in case of DUI, any subsequent conviction can bring serious troubles for the subject.
- In either case, the arresting officer can impound your car for upto 30-days. However, under certain constraints, this can be reduced.
Although it may seem easy to appeal for a speed ex bargain, the real challenge is to convince the prosecutor, judge, and the jury. If you are aiming for an exhibition of speed as a plea bargain in DUI cases, you need a skilled attorney to curate and establish a case that would hold in the court. If you are facing an exhibition of speed or DUI charges, the experienced attorneys at Shouse Law Group can help you get the best deal and a way out of the situation.
