If you are convicted of driving under the influence in Los Angeles County, a typical first offense without extenuating circumstances will generally have the following consequences:
-Minimum fine of about $1,750. This can be higher based on your prior record and if the arresting agency requires booking fees, which can push it up several hundred dollars.
-Three years of informal probation. Terms of probation include that you violate no law, do not drive with a measurable amount of alcohol in your blood, submit to a chemical test on demand, do not drive without a license or insurance, and disclose your probation status when asked by any law enforcement officer. A violation of your probation can result in additional fines and/or jail time.
-Attend and complete a three month first offender alcohol program, called the AB-541. This class generally consists of weekly meetings of two to three hours in length and costs between $500 - $700.
-Completion of the Mothers Against Drunk Driving Victim Impact Panel class. This is a single two hour class which costs $30 to attend.
-Suspension of your license for six months. However, if your license has already been suspended by the DMV prior to your conviction in the criminal court, the suspension will be retroactive to the date of that suspension. In addition, following the mandatory 30 day hard suspension of your driving privileges by the DMV, you may receive a restricted license once you present proof of financial responsibility and enrollment in the AB-541 program to the DMV.
-Required installation of an ignition interlock device (IID) on your car for five months. An IID is a device into which a driver must provide an alcohol-free breath sample to start his or her vehicle. The device will cost about $150 to install and the maintenance and service for the IID will run about $70/month.
-Increase in insurance premiums by 200% - 500%. Most people don’t realize this hidden cost of a DUI, which can actually be the most expensive penalty of all. However, there are a few tricks that can be utilized to keep this cost to a minimum.
There are many other factors that can increase your total exposure for a DUI conviction. For example:
-If you have any prior convictions for DUI, your penalties will be greatly enhanced, and will most likely result in jail time.
-If you were involved in an accident which resulted in an injury to another, you may be charged with a felony. Even if there is no injury and you are not charged with a felony, you will be required to make restitution to the victim of the accident.
-If it is proved that you refused to submit to a chemical test, your license will be suspended by the DMV for one year and you will likely face jail time.
-If it is proved that you had a blood alcohol level of greater than .20, you will be required to attend a nine month alcohol offender program. This program is similar to the AB-541, but is three times as long and costs around $1,000.
-If you were speeding and driving in a reckless manner, or had a minor in the car at the time of your driving, this can also result in mandatory jail time.
Please keep in mind that these are the consequences for many DUI convictions in Los Angeles County – but there are many circumstances which can increase or decrease your total exposure, and penalties can vary greatly county to county. Further, the law is constantly changing, and fines have increased dramatically in the past few years. For the most current information, contact the Law Office of Scott R. Ball today. Consultations are free and completely confidential.
Showing posts with label Sentencing Alternatives. Show all posts
Showing posts with label Sentencing Alternatives. Show all posts
2/1/10
Medicinal Marijuana Approved for Use with Prop 36
The California Court of Appeal ruled recently that the use of medicinal marijuana is not an automatic violation of probation for non-violent drug offenders participating in “Prop 36” programs. California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative passed by voters into law that allows qualifying defendants convicted of non-violent drug offenses to complete drug treatment programs in lieu of incarceration. If a participant violates any terms of the probation, which include regular drug tests, he or she will be found in violation of probation and be required to serve a prison or jail sentence.
In the case of People v. Beaty, decided by the Court of Appeal on January 28, 2010, the defendant had been convicted of possession of methamphetamine. The trial court suspended the imposition of a prison sentence and allowed Beaty to participate in the Prop 36 program. The terms of the probation included the usual restrictions on the use of any unauthorized drugs.
As a result of a motorcycle accident in 1998, Beaty was disabled and had been legally prescribed medicinal marijuana to combat his chronic pain. Throughout his intake process and participation in the Prop 36 program, he disclosed his daily use of marijuana to his counselors at the drug treatment center. Unsurprisingly, his drug tests came back positive for marijuana, a purported violation of the terms of his probation. Based on expert testimony that the use of marijuana was “mind altering, habit-forming, and used daily,” the trial court determined that the use of the drug, despite the fact it was legally prescribed, was a violation of Beaty’s probation.
Beaty appealed the decision of the trial court that his use of medicinal marijuana was a violation of his probation. Fortunately, the appellate court agreed with him. Comparing the use of marijuana to Adderall, another mind altering, habit forming drug used daily (to treat attention deficit disorder), the court determined that the use of legally prescribed medicinal marijuana should not be an automatic violation of the terms of probation for the Prop 36 program.
As a result of this decision, thousands of people eligible for Prop 36 will not have to suffer unnecessarily by being either being denied their rights to access safe, approved prescription medication, or by flouting the law and being locked up as a result of attempting to ease their suffering. Undoubtedly, this is a step further in the right direction in allowing for the controlled use of marijuana for medicinal purposes.
For the full text of the opinion, click here.
In the case of People v. Beaty, decided by the Court of Appeal on January 28, 2010, the defendant had been convicted of possession of methamphetamine. The trial court suspended the imposition of a prison sentence and allowed Beaty to participate in the Prop 36 program. The terms of the probation included the usual restrictions on the use of any unauthorized drugs.
As a result of a motorcycle accident in 1998, Beaty was disabled and had been legally prescribed medicinal marijuana to combat his chronic pain. Throughout his intake process and participation in the Prop 36 program, he disclosed his daily use of marijuana to his counselors at the drug treatment center. Unsurprisingly, his drug tests came back positive for marijuana, a purported violation of the terms of his probation. Based on expert testimony that the use of marijuana was “mind altering, habit-forming, and used daily,” the trial court determined that the use of the drug, despite the fact it was legally prescribed, was a violation of Beaty’s probation.
Beaty appealed the decision of the trial court that his use of medicinal marijuana was a violation of his probation. Fortunately, the appellate court agreed with him. Comparing the use of marijuana to Adderall, another mind altering, habit forming drug used daily (to treat attention deficit disorder), the court determined that the use of legally prescribed medicinal marijuana should not be an automatic violation of the terms of probation for the Prop 36 program.
As a result of this decision, thousands of people eligible for Prop 36 will not have to suffer unnecessarily by being either being denied their rights to access safe, approved prescription medication, or by flouting the law and being locked up as a result of attempting to ease their suffering. Undoubtedly, this is a step further in the right direction in allowing for the controlled use of marijuana for medicinal purposes.
For the full text of the opinion, click here.
9/1/09
Sentencing Alternatives to Jail Time
If you are facing the possibility of jail time, there are actually many sentencing alternatives that may be available to avoid any actual time behind bars. While the availability of such programs vary greatly from county to county, the following options are often possible:
1. Home Electronic Confinement – This type of sentencing requires a person to remain at home but allows you to leave to perform your normal activities such as attending work or school, court or DMV appointments, caring for dependants, or shopping for necessities. Electronic confinement can be arranged by either the probation department or a private company. There is generally a nominal cost associated with using this program.
2. CalTrans Work – This is a sentence often given in lieu of jail time. CalTrans are the crews wearing orange vests you see as you drive down the freeways in California. A court may allow a defendant to work on a CalTrans crew instead of going to jail. This can be hard work, but is often a welcome alternative to jail time.
3. Community Service Work – Similar to the CalTrans program, each court has a separate office responsible for assigning community service in lieu of jail time. An individual must be approved by the prosecutor and judge to perform community service work. Generally, 8 hours of community service for an approved community organization converts to 1 hour of jail time. Community service may also be available to pay off fines ordered by the court.
4. Work Furlough – This privileges means that during the day you are allowed to go out and work at your regular job and after work, you are required to spend the remainder of the evening back in jail. While you do remain incarcerated, this option will allow you to keep your job.
5. Private Jail - In some instances, where the judge requires that you serve actual jail time, many people choose to serve their sentence in a private jail facility. This alternative can be somewhat costly, however, in a private jail, the facilities are much nicer and work furloughs are also more likely to be available.
If you are facing a jail sentence, it is important to have an attorney on your side to explore the possibilities of alternatives to time spent in the clink. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.
1. Home Electronic Confinement – This type of sentencing requires a person to remain at home but allows you to leave to perform your normal activities such as attending work or school, court or DMV appointments, caring for dependants, or shopping for necessities. Electronic confinement can be arranged by either the probation department or a private company. There is generally a nominal cost associated with using this program.
2. CalTrans Work – This is a sentence often given in lieu of jail time. CalTrans are the crews wearing orange vests you see as you drive down the freeways in California. A court may allow a defendant to work on a CalTrans crew instead of going to jail. This can be hard work, but is often a welcome alternative to jail time.
3. Community Service Work – Similar to the CalTrans program, each court has a separate office responsible for assigning community service in lieu of jail time. An individual must be approved by the prosecutor and judge to perform community service work. Generally, 8 hours of community service for an approved community organization converts to 1 hour of jail time. Community service may also be available to pay off fines ordered by the court.
4. Work Furlough – This privileges means that during the day you are allowed to go out and work at your regular job and after work, you are required to spend the remainder of the evening back in jail. While you do remain incarcerated, this option will allow you to keep your job.
5. Private Jail - In some instances, where the judge requires that you serve actual jail time, many people choose to serve their sentence in a private jail facility. This alternative can be somewhat costly, however, in a private jail, the facilities are much nicer and work furloughs are also more likely to be available.
If you are facing a jail sentence, it is important to have an attorney on your side to explore the possibilities of alternatives to time spent in the clink. Contact the Law Offices of Scott R. Ball today for a free and confidential evaluation of your case.
7/7/09
Civil Compromises Lead to Dismissal of Criminal Charges
If you have been arrested on criminal charges dealing with damage to another person’s property, it is possible that you may be able to have those criminal charges dismissed through a civil compromise. A civil compromise is available when an offense charged involves damage for which the victim may seek a civil remedy (i.e. a civil suit for damages) and the victim agrees to drop the charges in exchange for payment for the damages. For example, if you are charged with a hit and run for backing into another vehicle, you may be able to pay for the repairs to the victim’s vehicle in exchange for the criminal charges against you being dismissed.
For a court to order a civil compromise, it is NOT necessary for the prosecution to agree to this disposition. As long as the case at hand falls within the statutory guidelines, a civil compromise is appropriate. This outcome is often favorable to both the defendant charged with committing the crime and the victim. The former receives no conviction and resulting criminal record while the latter is fully compensated for his or her loss.
There are several limitations to when a court may order a civil compromise. If the crime committed by the defendant was against a peace officer, or committed riotously or with felonious intent, a civil compromise will not be available. Further, it will not be available when the crime was committed against any family or household member, or against a child or an elder. Many of these definitions, however, are subject to interpretation. A skilled attorney with experience in negotiating civil compromises can successfully argue that a case is eligible for this sort of favorable disposition.
If you have been arrested for a crime and believe you may fit the above criteria to be eligible for a civil compromise, you should contact the Law Offices of Scott R. Ball today. Making a victim whole by compensating them for their damages can lead to the complete dismissal of any criminal charges, leaving all parties satisfied with the outcome.
For a court to order a civil compromise, it is NOT necessary for the prosecution to agree to this disposition. As long as the case at hand falls within the statutory guidelines, a civil compromise is appropriate. This outcome is often favorable to both the defendant charged with committing the crime and the victim. The former receives no conviction and resulting criminal record while the latter is fully compensated for his or her loss.
There are several limitations to when a court may order a civil compromise. If the crime committed by the defendant was against a peace officer, or committed riotously or with felonious intent, a civil compromise will not be available. Further, it will not be available when the crime was committed against any family or household member, or against a child or an elder. Many of these definitions, however, are subject to interpretation. A skilled attorney with experience in negotiating civil compromises can successfully argue that a case is eligible for this sort of favorable disposition.
If you have been arrested for a crime and believe you may fit the above criteria to be eligible for a civil compromise, you should contact the Law Offices of Scott R. Ball today. Making a victim whole by compensating them for their damages can lead to the complete dismissal of any criminal charges, leaving all parties satisfied with the outcome.
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