Traffic Accidents

A DUI / DWI charge in California actually results in two separate cases. A driver faces a California DMV case and a California criminal case. Each case must be dealt with as soon as possible in order to avoid unnecessary negative repercussions. A qualified lawyer who focuses on drunk driving defense can handle both aspects of the case. In California DMV cases a person arrested on suspicion of drunk driving has ten days within the date of arrest to request a DMV hearing or the Department of Motor Vehicles will automatically begin a process of suspending the person's license to drive.

In the criminal case people will face enhanced sentences for causing a traffic accident while driving under the influence. The driver does not have to enter a guilty plea. An accomplished and experienced DUI / DWI attorney can fight the case and win. Often times it takes costly resources to fight a drunk driving case, and the issues are complex, but it is possible to win a case with the right legal counsel with a great strategy for success.

When a driver is convicted of driving under the influence of alcohol in California, he or she can face additional sentence enhancing charges. The most common allegations made for such sentencing enhancements are speeding, having children in the car, or causing an injury or traffic accident. If a driver is convicted on these charges, the court is likely to hand down a harsh punishment. Because of the staggering penalties that one may face if convicted of sentence enhancing charges, it is wise to consult with a California criminal defense attorney to find out how you can fight or settle the charges.

When a person who is accused of driving under the influence of alcohol or drugs causes an accident or causes an accident that injures another person, he or she will be charged with a felony DUI. When a driver is convicted of both driving under the influence and of causing an accident, the court can order a 90 day jail sentence that must be served in addition to any other punishments handed down in the case.

Traffic accidents that cause injuries are taken seriously by prosecutors and judges. Sentences are tough because lawmakers are trying to send a strong message to people to avoid the roads when they are intoxicated.

Prosecutors may offer a plea bargain to a driver who caused an accident. When it is obvious that the driver did in fact cause the accident, it may be best to accept a deal from the prosecutor. When one is accused of a sentence enhancing charge, it is best to consult with a California DUI / DWI attorney who is well versed in all aspects of drunk driving law. The law is complex and negotiations with prosecutors can depend on knowledge of such complexities. Sentence enhancing charges are serious and should not be tackled without the help of a competent attorney who may be able to have charges reduced or dismissed by way of compromise.