Thursday, March 27, 2014

Being on wet reckless probation not the same as DUI probation if stopped and blow .01% or higher.

In California, if you are on DUI probation for a Vehicle Code Section 23512 (DUI) conviction, you have to submit to a PAS.  If over .01%, your license is pulled and you get cited for VC 23514, San Diego DUI lawyers remind.

If your client suffered a DUI conviction, you may attack other issues like PAS coordinator, records, lack of timely accuracy checks, variances, thermometer, 15 minute observation and the like.

If your client suffered a "wet reckless" conviction, you are in luck.  That is VC 23103 per 23103.5 which reads on a printout VC 23103.   It is not VC 23152.

This is another advantage of a reckless driving, alcohol - related reduction.  It's an issue for San Diego California attorneys to remember for both court and DMV.

A cop may think the person is on DUI probation but misunderstood the conviction showing up on his or her screen.

When the person admits he or she is on DUI probation, that is enough for a cop to cite and force a trial.

I like to think I won today's trial based on lawyering but in reality it was a DMV printout which saved the day and prevented a delayed decision.  That printout showed client convicted of VC 23103(a), NOT VC 23152 (DUI) as required by VC 23154.

It also  helped that the new case was not a new DUI as the client blew under .08%.